Judge sides with NJ in kicking Carl Lewis off ballot

CAMDEN, N.J. (AP) -- A federal judge has upheld the state's four-year residency rule for political candidates that knocked former Olympic great Carl Lewis off the ballot. Judge Noel Hillman ruled Thursday that the residency requirement doesn't violate Lewis' guarantee of equal protection under the 14th Amendment of the U.S. Constitution.

Lewis lawyer Bill Tambussi argued that the rule is unconstitutional. Lawyers for New Jersey and members of the state's Republican Party said the rule has been on the books for 167 years and is part of the state Constitution.

Tambussi said he will appeal to the state's 3rd Circuit Court of Appeals. A separate challenge has been filed in state appeals court. Lewis, a nine-time Olympic gold medalist, is pursuing a Democratic bid for state Senate. He is a New Jersey native but owns a home in Pacific Palisades, Calif., and a business in Los Angeles.

Republican Secretary of State Kim Guadagno ruled that Lewis didn't meet the residency rule. She ordered Lewis' name stricken from the Democratic primary ballot in the 8th District in south-central New Jersey. Lewis, 49, grew up in Willingboro. He attended college in Texas and later bought and sold at least three homes in California. He testified that he now lives in Medford, a township of about 25,000 residents.

All sides agreed there is urgency to decide the case because ballots for the June primary are supposed to be mailed Friday. Lawyers for the three effected counties said ballots can be delayed for about a week without interfering with the election. Some 220,000 residents live in the traditionally Republican district.

The judge refused to stop the printing and mailing of ballots. Tambussi is seeking a stay as part of his appeal. "All Carl Lewis wants to do is run for office," Tambussi said. "We're going to keep going." Lewis was out of town Thursday and didn't attend the hearing.

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