Ohio Libertarians lose ballot access case in 6th Circuit, appeal to US Supreme Court

Ballot Access News: Ohio Libertarian Party Loses Primary Ballot Access Lawsuit

On May 1, the Sixth Circuit refused to enjoin an Ohio law that requires petitioners to fill out a blank on each petition sheet showing the employer of the circulator. The decision is 29 pages long and acknowledges that this is a severe blow to the party. As a result of the decision, the party won’t have a gubernatorial nominee on the November ballot, and it will thus be removed from the ballot. If the party could have had a gubernatorial candidate on the ballot, and he polled 2%, then the party would be ballot-qualified for the next four years.

The decision acknowledges that the Ohio Libertarian Party was in a tough situation, in regard to gathering 500 signatures of party members on its primary petitions for Governor-Lieutenant Governor and Attorney General. Because the party didn’t know if it was going to have a primary until it won the last round, it only had a month to complete its primary petitions. And, as the decision notes, that was during a period of very severe winter weather. But, the decision says that there isn’t much evidence that forcing circulators to reveal the names of their employers is really a severe burden on those circulators.

The decision also acknowledges that the requirement that circulators reveal their employer on each petition sheet has only existed since 2004, and had never before been enforced, but says that nevertheless the law was clear.

There is one factual error in the decison; page 20 says Ralph Nader was a “minor party” candidate in 2004, when actually in 2004 he was an independent presidential candidate.

The party expects to ask the U.S. Supreme Court to reverse the Sixth Circuit. Thanks to Gregg Norris and Steve Linnabary for the link.

LPO statement on Sixth Circuit decision

COLUMBUS—A statement from Libertarian Party of Ohio Central Committee Chairman Aaron Keith Harris on the decision from the Sixth Circuit:

“We are very disappointed in the court’s decision. Our lead attorney Mark Brown is asking the court for a stay, and is appealing the decision to the United States Supreme Court.

“Whatever the outcome, the Libertarian Party of Ohio is looking forward to taking our unique message of fiscal responsibility and social tolerance to Ohio voters in the May 6 primary—where we expect thousands of voters to choose the Libertarian ballot—and in the general election with more than 20 candidates across the state.”

For more information:
Aaron Keith Harris
937-825-0204
[email protected]

Ballot Access News:

On May 1, the Ohio Libertarian Party asked the U.S. Supreme Court to put its statewide candidates on the primary ballot. Here is the 28-page request. The document appears to be longer than 28 pages because it has the court decisions from the lower courts attached.

One of the many points the brief raises is that if it is really important for Ohio to enforce the law that requires all circulators to show their employers on each sheet, the Secretary of State would enforce it. In this case, he did not enforce it and put the Libertarians on the primary ballot. But when a private individual filed a challenge, then it was enforced.

In the U.S. Supreme Court, the case is no. 13A1089.