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State GOP Sues For Top Ballot Line

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"I voted" stickers are seen on June 5, 2012 at the town hall polling station in the town of Hudson, Wisconsin, during voting for current Governor Scott Walker and challenger Milwaukee Mayor Tom Barrett. The recall election marks just the third time in US history that a state governor has been challenged midterm. Wisconsin is a key swing state in the November presidential election. It is seen as leaning toward Obama, but Tuesday's vote could show an inclination to flip toward Republican challenger Mitt Romney. AFP PHOTO/Karen BLEIER (Photo credit should read KAREN BLEIER/AFP/GettyImages)

Wisconsin Recall “I Voted” stickers. (Photo credit: KAREN BLEIER/AFP/GettyImages)

After Secretary of the State Denise Merrill denied their request to be listed on the top line on ballots in November,  Connecticut Republicans have filed suit challenging the ballot order.

GOP leaders argued that state law provides that the party whose candidate won the last gubernatorial election get the top line on the next election ballot.  They said that even though Democrat Dannel Malloy won,  he received fewer votes on the Democratic line than Republican candidate Tom Foley.  Malloy won the election because he also received votes on the line of the Working Families Party.

The Secretary of the State denied that,  saying the votes went to the Democratic candidate, and the Democrats should be listed first.

Republican State Chairman Jerry Labriola says Republican leaders believe Merrill’s interpretation is “unfounded and apparently partisan-driven”  and says it has left them no choice “but to seek redress in the courts.”

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