Carl Lewis to Get Appeals Court Rehearing

New hearing scheduled in Philadelphia on Tuesday

Carl Lewis was a sprinter. The legal saga over whether he's eligible to run for the New Jersey state Senate is a marathon.

The 3rd U.S. Circuit Court of Appeals agreed on Monday to order a rehearing on Tuesday a week after a three-judge panel put Lewis on the ballot for Nov. 8. The same three judges will rehear the case.

The issue is whether Lewis, a nine-time Olympic gold medalist running as a Democrat in a heavily Republican district, meets the four-year residency requirement for state senators as laid out in the state constitution.

Lewis, 50, grew up in Willingboro, N.J., went to college in Texas and settled in California. He became one of the world's best-known athletes, winning nine Olympic gold medals.

He bought homes in southern New Jersey in 2005 and 2007 and became a volunteer track coach at his old high school in 2007. But he continued voting in California through at least 2009 and continues to have a business based in that state.

Lewis and his lawyers believe that the state's Republican establishment is working to keep him off the ballot.

Secretary of State Kim Guadagno, who’s also the state’s Republican lieutenant governor, nixed his candidacy.

State courts and a U.S. District judge have sided with Guadagno and the Burlington County Republicans who intervened in the case.

But the 3rd Circuit panel has twice ruled that Lewis belongs on the ballot. First, the panel restored him in time for June's primary. And last week, it placed him back on the general election ballot.

In the latest ruling, the two judges who said he had the right to be on the ballot were both appointed by Democratic presidents.

The lone dissenter was a Republican appointee.

Lewis is running against incumbent Republican Sen. Dawn Addiego.

Copyright AP - Associated Press
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