ANDERSON v. MILLS

Nos. 80-5318, 80-5328.

664 F.2d 600 (1981)

John B. ANDERSON, Joseph C. Graves, Jr., and Gerald M. Eisenstate, Plaintiffs-Appellees, Percy L. Greaves, Wesley Krogdahl, Margaret Krogdahl, Robert Vessels, Plaintiffs-Appellees, Cross-Appellants, v. Frances Jones MILLS, Secretary of State, Commonwealth of Kentucky, and Chairman State Board of Elections; State Board of Elections; and Members, Earl R. Searcy and Raymond F. Bossmeyer; Brady A. Miracle, Executive Director, State Board of Elections, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 20, 1981.


Attorney(s) appearing for the Case

Steven L. Beshear, Atty. Gen. of Kentucky, Patrick B. Kimberlin, Asst. Atty. Gen., Frankfort, Ky., C. Thomas Anderson, Legal Counsel, State Bd. of Elections, Frankfort, Ky., for defendants-appellants, cross-appellees.

Samuel Manly, Alan E. Sears, Louisville, Ky., David Boyd, Ellen M. Semonoff, Washington, D. C., C. William Swinford, Jr., Lexington, Ky., Donald L. Gulick, Louisville, Ky., for plaintiffs-appellees, cross-appellants.

Before KEITH, Circuit Judge, JONES, Circuit Judge and ENSLEN, District Judge.


ENSLEN, District Judge.

This is an appeal of two consolidated cases challenging the District Court's interpretation of several Kentucky election statutes. The first case originally concerned John Anderson's attempt to have his name placed on the ballot for the presidential election in 1980 as an independent candidate. The District Court determined that a statute (KRS 118.365) required the filing of the petitions for the presidency fifty-five (55) days before the general...

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