GAUNT v. BROWN

No. 8316.

341 F.Supp. 1187 (1972)

John Booth GAUNT, Jr., by his next friend Esther Gaunt, et al., Plaintiffs, v. Ted BROWN, individually, and as Secretary of State of Ohio, et al., Defendants.

United States District Court, S. D. Ohio, W. D.

April 6, 1972.


Attorney(s) appearing for the Case

Richard G. Singer, Cincinnati, Ohio, for plaintiffs.

Thomas V. Martin, Executive Asst. Atty. Gen., Columbus, Ohio, Arthur M. Ney, Asst. Pros. Atty., Cincinnati, Ohio, for defendants.

Before PECK, Circuit Judge, and HOGAN and PORTER, District Judges.


OPINION

PORTER, District Judge:

In this case 17-year-olds (who will be 18 at the time of the general election) contest the right of a State to keep them from voting in a primary and thus having a voice in the selection of candidates for whom they may vote later. Specifically, plaintiffs attack the constitutionality of recently amended Ohio Revised Code 3513.19, effective March 23, 1972. This provides, in part, as follows:

"At a primary election...

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