A federal judge struck down the law in April, but state officials have asked the 11th U.S. Circuit Court of Appeals to reinstate it.
Kelvin Simmons - whose wife, Audrey Simmons, was an assistant principal at Gainesville Middle School - was a member of the Gainesville school board when he sued to have the law overturned earlier this year. That was after he had been denied a chance to run for re-election in November 2009.
At issue: whether he and others in his position have a fundamental right to be a candidate. State officials say the restrictions are needed to combat nepotism.
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Kelvin Simmons, right, at a hearing in Sep. 2009 as he sought to overturn a ruling denying him a place on the Nov. 2009 ballot.
http://accesswdun.com/article/2010/12/234608