On January 14, the U.S. Supreme Court refused to intervene in the Ohio Libertarian Party’s ballot access case. The part of the case put in front of the U.S. Supreme Court concerned whether the 2013 ballot access law violates the Ohio Constitution. The U.S. District Court is still considering the part of the case on whether the 2014 removal of the party’s gubernatorial nominee from the Libertarian primary ballot was unlawful.
On March 7, at the end of the business day, Ohio Secretary of State Jon Husted revealed that he has removed the Libertarian Party statewide candidates from the party’s primary ballot, including the gubernatorial candidate, Charlie Earl.
Apparently the basis was that the paid petitioner who collected the signatures didn’t fill out the part of the circulator form identifying his employer.
Although Ohio permits write-in votes in primaries, the deadline for anyone to file as a declared write-in candidate for the May 4 primary was 72 days before that primary, or February 23, so it is too late for the Libertarians to find anyone else to run for Governor in their primary. The deadline had been 60 days until 2010, when it was moved to 72 days.
On January 7, U.S. District Court Judge Michael H. Watson ruled that due process requires that Ohio not implement its new ballot access barriers for minor parties for the 2014 election. The 28-page opinion depends on the fact that the Ohio legislature did not pass the new requirements until November 2013, after various candidates of the minor parties had already been circulating petitions to place themselves on their own party’s primary ballot. The case is Libertarian Party of Ohio v Husted, southern district, 2:13cv-953.
The decision also depends on the fact that the new law doesn’t take effect until February 2014. The Republican majority in the legislature wanted the new requirements to take effect immediately, but the bill would have needed 60% in each House of the legislature to take effect immediately, and because some Republican legislators voted against the bill, the bill did not pass with 60% in the State House
COLUMBUS Tue., Oct, 7 at 1 p.m.
The Ohio Senate has passed SB 193, just a couple of hours after it made it out of committee.A temporary setback signaling just how terrified they are of us Libertarians, and any other challenger party.Next steps to be announced soon. Keep petitioning, keep moving forward.What is SB 193?SB 193 was introduced on Sept. 19 by Republican State Senator Bill Seitz, ostensibly to provide election law for so-called “minor” parties in Ohio. The state has not had such a law since 2006, when a then-existing law was declared unconstitutional in LPO v. Blackwell.Since that time, the LPO, other challenger parties, and voting rights groups have offered solutions to Ohio lawmakers on how to craft a law that would be constitutional and fair for everyone.Those entreaties have been consistently ignored, and neither Sen. Seitz nor any other lawmaker or state elections official consulted the LPO or any other stakeholders in this issue before we got wind of SB 193′s introduction.
- OH Senate passes 3rd-party ballot rules (newsnet5.com)
As many of you have heard by now, the John Kasich Re-election Protection Act, or SB 193, was introduced last Thursday, which also happened to be the day that our own Libertarian Charlie Earl kicked off his campaign for Ohio governor.
Introduced by Sen. Bill Seitz, the bill is currently on the fast track in the State Government and Oversight Reform Committee. LPO leadership was on hand yesterday (Wed., Sep. 25) as Seitz offered misleading testimony to the committee about just what SB 193 would do. We will be on hand when public testimony is allowed, along with ballot access experts from across the country.
Seitz claims that SB 193 would make it easier for “minor parties”—we prefer to be called a “challenger party”—to get on and stay on the Ohio ballot.
In fact SB 193 would immediately disqualify the Libertarian Party of Ohio from competing in the 2014 Ohio election.
Read more via Libertarian Party Would Be Banned from 2014 Ohio Election.
- Ohio Senate bill looks at 3rd party ballot rules (toledoblade.com)