LIBERTARIAN PARTY OF OHIO v. WILHEM

No. 20-3585.

988 F.3d 274 (2021)

LIBERTARIAN PARTY OF OHIO and Harold Thomas, Plaintiffs-Appellants, v. Degee WILHEM, Helen E. Balcolm, Otto Beatty, III, Dennis Brommer, Don Michael Crites, Catherine A. Cunningham, and A. Scott Norman, in their official capacities, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 10, 2021.


Attorney(s) appearing for the Case

ARGUED: Mark R. Brown , Columbus, Ohio, for Appellants. Michael J. Hendershot , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellees. ON BRIEF: Mark R. Brown , Columbus, Ohio, for Appellants. Michael J. Hendershot , Benjamin M. Flowers , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellees.

Before: GRIFFIN, KETHLEDGE, and WHITE, Circuit Judges.


OPINION

Ohio law mandates that the Ohio Elections Commission (OEC) be composed of three members from each of the top two political parties in the state, and an additional seventh member who cannot have any political affiliation. See Ohio Rev. Code § 3517.152(A)(1). The Libertarian Party of Ohio (LPO...

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