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OTERO v. STATE ELECTION BD. OF OKLAHOMA

No. 92-5064.

975 F.2d 738 (1992)

Frank OTERO, Plaintiff-Appellant, v. STATE ELECTION BOARD OF OKLAHOMA; Lance Ward, Secretary; Joy Maifeh, Assistant Secretary; Betty McElderry, Chairman; Mona Lambird, Vice Chairman; George Krumme, Member; County Election Board of Ottawa County, Oklahoma; Dave E. Charloe, Secretary; John L. Finley, Jr., Chairman; Floyd A. Hartman, Vice Chairman; Precinct Nine Election Board; Lois Vitch, Inspector; Claire Oliver, Judge; Kathryn Neal, Clerk; City of Miami, Oklahoma; Miami Police Department; Jay Coble, Policeman; J. A. Fitzgibbon, Policewoman; All Saints Episcopal Church; Noel J. Doherty, Pastor; District Attorney's Office of the Thirteenth District of Oklahoma; Ben Loring, District Attorney; Dewayne Corbit, Investigator; Oklahoma Justice Department; Thomas Spencer, Assistant Attorney General, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 18, 1992.

Attorney(s) appearing for the Case

Frank Otero, pro se.

Susan B. Loving, Atty. Gen., Robert M. Anthony, Asst. Atty. Gen. of Oklahoma, Oklahoma City, Okl., George Russell, T. Logan Brown, Miami, Okl., and Ben Loring, Dist. Atty., Ottawa County, Okl., for defendants-appellees.

Before LOGAN, BARRETT and EBEL, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiff Frank Otero, an atheist and a candidate for mayor of Miami, Oklahoma, in the 1991 elections, commenced this suit challenging the use of churches for polling places in Oklahoma in state and municipal elections. Citing provisions of the Voting Rights Act, 42 U.S.C. §§ 1971-73, and the Civil Rights Act of 1871, 42 U.S.C. §§ 1983, 1985(3), plaintiff asserts that this usage violates his First, Fourteenth and Fifteenth...

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