On September 21, U.S. District Court Judge Dan A. Polster, a Clinton appointee, declined to put Tim Quinn on the ballot for Mayor of Elyria, Ohio, as an independent candidate. The case is Quinn v Lorain County Board of Elections, n.d., 1:11-cv-1968. There is no written opinion. Quinn submitted enough valid signatures, but he was kept off the ballot because he had voted in the Democratic primary.
Ohio election law does not say that independent candidates must not have voted in a partisan primary. It just says they must not have run in a partisan primary.
Is there any way that Quinn could lose on appeal, assuming the money is there to pay for one? For example, is there some (real or alleged) ambiguity in Ohio law that Polster could rely on?