On September 19, Tim Quinn, an independent candidate for Mayor of Elyria, Ohio, at the November 8, 2011 election, filed a lawsuit in U.S. District Court to get on the ballot. His petition was not questioned, but he was still kept off the ballot because he voted in the partisan primary. The Ohio election law has no law, saying that independent candidates must not have voted in a partisan primary. Ohio only bans independent candidates who ran in a partisan primary.

Nevertheless, some Ohio election officials read the law to mean that independent candidates must not have voted in a primary, although other Ohio election officials do not read the law that way. Earlier this year, Quinn asked the Ohio Supreme Court to put him on the ballot, but that Court simply refused to hear his case. See this story.