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COALITION FOR FREE & OPEN ELECTIONS v. McELDERRY

No. 93-6151.

48 F.3d 493 (1995)

COALITION FOR FREE AND OPEN ELECTIONS, PROHIBITION PARTY; Earl F. Dodge, Prohibition Nominee for President of the United States; George Obmsby, Prohibition Nominee for Vice-President of the United States; Luther Kennicutt; Walter Kennicutt; Hazelle Kennicutt; Aaron Strange; Eileen Schumaker; Robert M. Blair; Mrs. Robert M. Blair; Hylda Shillington; New Alliance Party; Lenora B. Fulani, Nominee for the Nomination of the New Alliance Party for President of the United States; Socialist Party USA; J. Quinn Brisben, Socialist Party Nominee for President of the United States; William D. Edwards, Socialist Party Nominee for Vice-President of the United States; Maria Luikart; Evelyn Powell; Darin Rohrer; Dan Boggs; Elizabeth S. Sargent; Michael Griffith, Plaintiffs-Appellants, v. Betty McELDERRY, Chairman of the Oklahoma State Election Board; Mona Lambird, Vice-Chairman of the Oklahoma State Election Board; Lance Ward, Secretary of the Oklahoma State Election Board; George Krumme, Member of the Oklahoma State Election Board; Oklahoma State Election Board, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

February 27, 1995.

Attorney(s) appearing for the Case

James C. Linger of Butler & Linger, Tulsa, OK, for plaintiffs/appellants.

Rabindranath Ramana, Asst. Atty. Gen., Oklahoma City, OK, (Susan B. Loving, Atty. Gen., Oklahoma City, OK, with her on the brief), for defendants/appellees.

Before MOORE, EBEL, Circuit Judges, and VRATIL, District Judge.

EBEL, Circuit Judge.

Plaintiffs-Appellants, the Coalition for Free and Open Elections, et al., appeals the district court's grant of summary judgment in favor of Defendants-Appellees, the Oklahoma State Election Board, et al., ("Oklahoma"), holding Oklahoma's ban on write-in votes for Presidential and Vice-Presidential elections constitutional. We AFFIRM.

BACKGROUND

The Coalition, several minor political parties, their Presidential and Vice-Presidential...

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