Ray v. State Election Board

CHIPMAN, Judge.

In 1980 F. Perry Ray attempted to have his name placed on the ballots of both the Republican and Democratic parties as a candidate for Congress. The State Election Board (Board) denied Ray a place on either ballot and he appealed its decision to the Marion Superior Court where it was affirmed.

We reverse.

On appeal, we are presented the following questions:

1. Is this case moot;

2. Was the trial court correct in finding Ind.Code 3-1-9-3 defines membership in a political party; and

3. Is Ind.Code 3-1-9-6 unconstitutionally vague and overbroad? 1

FACTS

Ray mailed two separate…