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OHIO COUNCIL 8 AMERICAN FED'N OF STATE v. HUSTED

No. 14-3678.

814 F.3d 329 (2016)

OHIO COUNCIL 8 AMERICAN FEDERATION OF STATE, County & Municipal Employees, AFL-CIO; Nadine Allen; Peter J. Corrigan; Martha Good; Ohio Democratic Party, Plaintiffs-Appellants, v. Jon HUSTED, in his official capacity as Secretary of State of the State of Ohio, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 11, 2016.

Attorney(s) appearing for the Case

ARGUED: David Martin , University of Virginia School of Law, Charlottesville, Virginia, for Appellants. Renata Y. Staff , Office of the Ohio Attorney General, Columbus, Ohio, for Appellees. ON BRIEF: David Martin , Stephen L. Braga , University of Virginia School of Law, Charlottesville, Virginia, Alphonse A. Gerhardstein , Jennifer L. Branch , Gerhardstein & Branch, Cincinnati, Ohio, for Appellants. Renata Y. Staff , Ryan L. Richardson , Office of the Ohio Attorney General, Columbus, Ohio, for Appellees.

Before: MERRITT, BOGGS, and ROGERS, Circuit Judges.

OPINION

Ohio elects its state judges through a hybrid process. Judicial candidates are first selected through partisan primary elections. On the general-election ballot, however, their names show no partisan affiliation, even though judicial candidates may affiliate with political parties throughout the entirety...

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