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SUMMIT COUNTY DEMOCRATIC v. BLACKWELL

Nos. 04-4311, 04-4312.

388 F.3d 547 (2004)

SUMMIT COUNTY DEMOCRATIC CENTRAL AND EXECUTIVE COMMITTEE, et al., Plaintiffs-Appellees, v. J. Kenneth BLACKWELL, et al., Defendants, Matthew Heider; Sam Ewing; Elizabeth Coombe; David Timms, Defendants-Intervenors-Appellants. Marian Spencer, et al., Plaintiffs-Appellees, v. J. Kenneth Blackwell, et al., Defendants, Clara Pugh; Sam Malone; Charles Winburn, Defendants-Intervenors-Appellants.

United States Court of Appeals, Sixth Circuit.

November 2, 2004.

Attorney(s) appearing for the Case

John F. Myers, Nancy L. Holland Myers, Holland, Myers & Myers, Akron, OH, for Plaintiff-Appellee.

Sandy James Rubino, Akron, OH, for Defendant.

Before: RYAN, COLE, and ROGERS, Circuit Judges.

ROGERS, J., delivered the opinion of the court. RYAN, J. (p. 551-52), delivered a separate concurring opinion. COLE, J. (pp. 552-55), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

The appeals in these cases have been consolidated. Both appeals involve Ohio Revised Code § 3505.20, which provides that "Any person offering to vote may be challenged at the polling place by any challenger, any elector then lawfully in the...

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