Harley McLain (No. 86–5290) and Charles E. Perry (No. 86–5386) appeal from final judgments entered in the District Court for the District of North Dakota. In
McLain v. Meier, Civ. No. A1–84–237 (D.N.D. June 16, 1986) (
McLain ), the district court
granted summary judgment in favor of appellees because it concluded that McLain lacked standing to assert his claim under
42 U.S.C. § 1983 that various North Dakota ballot access laws are unconstitutional. In
Perry v. Meier, Civ. No. A1–86–188, slip op. at 1 (D.N.D. Oct. 15, 1986) (
Perry ), the district court
dismissed Perry's claim for a writ of mandamus and for injunctive and declaratory relief regarding the constitutionality of the North Dakota ballot access laws, finding that the laws “are not facially unconstitutional” and “provide liberal access to the ballot.” The judgments in
McLain and
Perry have been consolidated for appellate review. For reversal, McLain argues that the district court erred in concluding that he lacked standing; Perry argues that the district court erred in dismissing his complaint because the North Dakota ballot access laws are unconstitutional. For the reasons discussed below, we affirm the district court's judgment in
McLain in part on other grounds, reverse in part, and remand with instructions, and affirm the district court's judgment in
Perry.