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MORRISON v. COLLEY

No. 06-4216.

467 F.3d 503 (2006)

Charles R. MORRISON, Donald E. Eckhart, and Alexander Smith, Plaintiffs-Appellants, v. Michael F. COLLEY, Carolyn C. Petree, William A. Anthony, Jr., Kimberly E. Marinello, and Franklin County Board of Elections, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 22, 2006.

Attorney(s) appearing for the Case

ARGUED: David R. Langdon, Langdon & Hartman LLC, Cincinnati, Ohio, for Appellants. Patrick J. Piccininni, PRosecuting Attorney's office for the County of Franklin, Columbus, Ohio, for Appellees. ON BRIEF: David R. Langdon, Curt C. Hartman, Joshua B. Bolinger, Langdon & Hartman LLC, Cincinnati, Ohio, Christopher P. Finner, Finney, Stagnaro, Saba & Klusmeier Co., L.P.A., Cincinnati, Ohio, for Appellants. Patrick J. Piccininni, Nick A. Soulas, Jr., Prosecuting Attorney's Office for the County of Franklin, Columbus, Ohio, for Appellees.

Before SILER, GILMAN, and GRIFFIN, Circuit Judges.

OPINION

GRIFFIN, Circuit Judge.

Plaintiff-appellant Charles R. Morrison sought to run as an independent candidate for the office of United States Representative in Ohio's Fifteenth Congressional District ("CD") in the November 7, 2006, election. Defendants-appellees Franklin County Board of Elections ("BOE"), et al., excluded Morrison from the ballot on the ground that, under Ohio election law, he did not...

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