United States Sixth Circuit

The First and Fourteenth Amendments do not prohibit the Ohio General Assembly from requiring independent candidates to claim on the day before a primary that they are not affiliated with any political party. Further, under the facts of the case, Ohio Rev. Code section 3513.257 is not void for vagueness, is not overbroad, and was not applied in a manner that illegally discriminated against plaintiff.

Appellate Information

• Decided 10/12/2006
• Published 10/12/2006

Judges

• Before SILER, GILMAN, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• 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.