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SCHRADER v. BLACKWELL

No. 00-3044.

241 F.3d 783 (2001)

James SCHRADER; Bruce Wilson; Libertarian Party of Ohio, Plaintiffs-Appellees, v. J. Kenneth BLACKWELL, Ohio Secretary of State, Defendant-Appellant, Clark County Board of Elections, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed February 23, 2001.

Rehearing Denied April 10, 2001.

Attorney(s) appearing for the Case

ARGUED: Arthur James Marziale, Jr., Office of the Attorney General, Chief Counsel Staff, Columbus, Ohio, for Appellant.

William V. Stephenson, Wood County Public Defender, Bowling Green, Ohio, for Appellees.

ON BRIEF: Arthur James Marziale, Jr., Office of the Attorney General, Chief Counsel Staff, Columbus, Ohio, for Appellant.

William V. Stephenson, Wood County Public Defender, Bowling Green, Ohio, for Appellees.

Before: DAUGHTREY and GILMAN, Circuit Judges; HEYBURN, District Judge.

Rehearing En Banc Denied April 10, 2001.

Pursuant to Sixth Circuit Rule 206

OPINION

RONALD LEE GILMAN, Circuit Judge.

James Schrader received the nomination of the Libertarian Party of Ohio to be its candidate for the United States House of Representatives from the Seventh Congressional District of Ohio in the 1998 general elections. Schrader filed a nominating petition with the Clark County Board of Elections that contained 3,168 signatures...

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