US court bars candidate's lawsuit over expletive

August 10, 2010

Thu Aug 5, 10:35 AM

By Bauer, The Associated Press

MADISON, Wis. - A federal court has rejected a lawsuit filed by an independent

candidate for the state Assembly in Wisconsin who wants to use a racially

charged phrase to describe herself on the ballot.

U.S. District Judge Rudolph Randa said in the order filed Wednesday that Ieshuh

's lawsuit must be dismissed because it was a habeas corpus action and

those require the person bringing it to be in custody.

Randa did not rule the merits of the lawsuit. is fighting a decision by

the state Government Accountability Board barring her from using the phrase " NOT

the 'whiteman's bitch' " to describe herself on the ballot.

The judge said 's claims should be brought in a civil rights lawsuit.

told The Associated Press on Thursday she intends to refile the lawsuit

as a civil rights action as the judge recommended as well as appeal his order

rejecting the original lawsuit based on how it was filed.

" A lot of people are telling me they support my stand, " she said.

State law allows independent candidates to have five words describing themselves

placed after their names on the ballot as long as it's not pejorative, profane,

discriminatory or includes an obscene word or phrase.

, who is black, argued her case to the five white, retired judges on the

board that regulates elections last month saying the phrase she wanted to use

was protected free speech.

But the board wouldn't allow it on the ballot, which led to her filing the

federal lawsuit in Milwaukee.

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