(UNDATED) - A federal appeals court ruling adds a potential complication to Marion County political parties' efforts to nominate their preferred candidates in the upcoming primary.
The Seventh Circuit Court of Appeals last week revived a lawsuit by a Democratic House candidate who distributed fliers linking his campaign with those of Barack Obama, Joe Donnelly and Andre Carson. The Marion County Election Board confiscated the fliers for violating a law requiring permission from all candidates on a multi-candidate brochure.
The court left it to a lower court to reach a final decision, but noted a settlement in an earlier suit over the law included a statement that the law was unconstitutional.
Marion County Democratic Chairman Joel Miller says he and party attorneys are reviewing the ruling, but says the court's objections appear to focus more on how the law was enforced than the law itself. He says he still considers Zach Mulholland's flier a "sneaky" attempt to imply a party endorsement he didn't have, and says expects both parties will challenge anyone who tries something similar.
Miller and Republican Chairman Kyle Walker say they expect their slated candidates to win anyway, but they say not enforcing the law creates potential for confusion.
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