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Published: Tuesday, 10/19/2004

Appeals court keeps Nader off Ohio ballot


CINCINNATI - A federal appeals court ruled yesterday that it would not grant presidential candidate Ralph Nader an injunction to block a lower court's order that removed him from the Ohio ballot.

Mr. Nader had appealed an Oct. 12 ruling by U.S. District Judge Edmund Sargus, who refused to place the independent on the ballot because of fraud by signature collectors.

A three-judge panel of the 6th U.S. Circuit Court of Appeals wrote yesterday that Mr. Nader could not demonstrate a likelihood of success on the merits of the case.

"The state administrative hearing officer found substantial evidence of fraud by the petition circulators that is supported by the evidence," the panel's decision said.

Nader spokesman Kevin Zeese said the ruling meant Mr. Nader's attempt to get on the Ohio ballot now rests with the Ohio Supreme Court.

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