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GRAVES v. McELDERRY

No. CIV-94-1420-R.

946 F.Supp. 1569 (1996)

Bill GRAVES, Frank Keating, Ernest Istook, Frank Lucas, Tom Coburn, J.C. Watts, Mary Fallin, Mike Hunter, Brenda Reneau, Grover Campbell, Gerald Wright, Tom Akers, Robert Arthur, Max Shane Boothe, Steve Byas, John Chase, Eddie Hagler, Steve Hammontree, Pat Hayes, Ed Jantzen, Charles Key, Mark Liotta, Brian McKye, Tere Morrison, Rick Nagel, Wayne Pettigrew, Dan Ramsey, Jim Reese, Edna Reeves, Lyle Roggow, and John Sullivan, Plaintiffs, v. Betty McELDERRY, Chairman of the Oklahoma State Election Board, Mona Lambird, Vice Chairman of the Oklahoma State Election Board, George Krumme, Member of the Oklahoma State Election Board, and Lance Ward, Secretary of the Oklahoma State Election Board, Defendants.

United States District Court, W.D. Oklahoma.

July 3, 1996.

Attorney(s) appearing for the Case

Tim W. Green, Oklahoma City, OK, for plaintiffs.

Gretchen G. Harris, Victor N. Bird, Office of the Attorney General, Oklahoma City, OK, Andrew J. Tevington, Office of the Attorney General, Litigation Division, Oklahoma City, OK, for defendants.

MEMORANDUM OPINION AND ORDER

DAVID L. RUSSELL, Chief Judge.

This case presents a dispute over the constitutionality of a provision of the Oklahoma Election Code, 26 Okla.Stat. §§ 1-101 to 21-102 (the "Election Code"), which provides that in all Oklahoma General Elections, the election ballots are printed so that for each public office designated on the ballot form, the Democratic party candidate always appears in the top position —...

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