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ANDERSON v. CELEBREZZE

No. 80-3513.

664 F.2d 554 (1981)

John B. ANDERSON, et al., Plaintiffs-Appellees, v. Anthony J. CELEBREZZE, Jr., in his official capacity as Secretary of State of the State of Ohio, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 4, 1981.

Attorney(s) appearing for the Case

William J. Brown, Atty. Gen. of Ohio, Joel S. Taylor, Deputy Chief Counsel, Asst. Atty. Gen., Columbus, Ohio, for defendant-appellant.

James E. Pohlman, Porter, Wright, Morris & Arthur, Dixon Miller, Robert W. Trafford, Columbus, Ohio, Mitchell Rogovin/Vicki Jackson, George T. Frampton, Jr., Rogovin, Stern & Huge, Washington, D. C., Arthur Eisenberg, New York Civil Liberties Union, New York City, Bruce Campbell, ACLU of Ohio Foundation, Columbus, Ohio, for plaintiffs-appellees.

Before ENGEL, KENNEDY and MARTIN, Circuit Judges.

CORNELIA G. KENNEDY, Circuit Judge.

Ohio requires independent candidates for the Presidency to file a statement of candidacy with the Secretary of State some seven and one-half months before the general election in November. Partisan candidates for President are required to file at the same time in order to run in Ohio's preferential primary. Political parties are permitted to choose their presidential candidates as late as the middle of August. The

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