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STEWART v. TAYLOR

No. 96-3108.

104 F.3d 965 (1997)

Robbin STEWART, Plaintiff-Appellant, v. Sarah TAYLOR, Clerk of the Circuit Court of Marion County, Indiana, and Member of the Marion County Election Board, Richard Milan, Member of the Marion County Election Board, and John Muller, Member of the Marion County Election Board, in their official and individual capacities, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 15, 1997.

Rehearing and Suggestion for Rehearing Denied February 27, 1997.

Attorney(s) appearing for the Case

Michael T. Schaefer (argued), Indianapolis, IN, for Plaintiff-Appellant.

Douglas J. Webber (argued), Indianapolis, IN, for Defendants-Appellees.

Before MANION, DIANE P. WOOD, and EVANS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 27, 1997.

MANION, Circuit Judge.

In early 1996 Robbin Stewart declared as a Republican candidate for a seat on the Center Township board in Marion County, Indiana. On May 7, Stewart won the Republican primary. At its party convention held on May 1 the Libertarian Party also nominated him for the same seat. Stewart accepted both nominations.

In what is termed an "anti-fusion" law, Indiana...

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