INDIANAPOLIS | U.S. Sen Dick Lugar, R-Ind., has asked a judge to overturn a Marion County Election Board ruling that Lugar and his wife are not Indiana residents and thus are ineligible to vote in the state.

Marion Circuit Judge Louis Rosenberg has scheduled a hearing on Lugar's appeal for March 30.

On March 15, the Democratic-controlled county election board ruled 2-1 that Dick and Charlene Lugar lost their eligibility to vote after the Lugars sold their Indianapolis home in 1977 when Lugar began serving in the U.S. Senate.

They've lived in McLean, Va., for the past 35 years.

Lugar claims his right to vote is preserved by the Indiana Constitution, which says no Hoosier who leaves Indiana in the service of the state loses his or her residency.

The bipartisan state election board relied on this provision last month to find Lugar eligible to be a candidate.

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