JOLIVETTE v. HUSTED

No. 12-3998.

694 F.3d 760 (2012)

Greg JOLIVETTE, Plaintiff-Appellant, v. Jon HUSTED; Frank Cloud; Tom Ellis; Judith Shelton; Bruce Carter, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 14, 2012.


Attorney(s) appearing for the Case

ARGUED: Donald J. McTigue , McTigue & McGuinnis LLC, Columbus, Ohio, for Appellant. Aaron D. Epstein , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Donald J. McTigue , J. Corey Colombo , Mark A. McGinnis , McTigue & McGuinnis LLC, Columbus, Ohio, for Appellant. Aaron D. Epstein , Michael J. Schuler , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

MOORE, J., delivered the opinion of the court, in which McKEAGUE, J., joined. MERRITT, J. (pp. 772-74), delivered a separate dissenting opinion.


OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiff-Appellant Greg Jolivette ("Jolivette") appeals the district court's denial of his request for declaratory relief and for a preliminary and a permanent injunction that would allow him to run as an independent candidate for the Office of State Representative for Ohio's 51st House District in the upcoming November 6, 2012 general election. Jolivette seeks to...

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