Libertarian loses appeal, remains off May ballot

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COLUMBUS, Ohio (AP) — A federal appeals court on Thursday
denied an attempt by the Libertarian Party of Ohio to get its
gubernatorial candidate on the May 6 primary ballot.
A lawyer for the party said it would immediately appeal to the U.S. Supreme Court.
Ohio’s
elections chief had disqualified the Libertarian candidate, Charlie
Earl, after his nominating petitions were challenged. Husted agreed with
a hearing officer who found that two Earl petitioners failed to
properly disclose their employers.
Libertarians sought to
reinstate Earl’s ballot status, arguing that Husted’s ruling violated
petition circulators’ First Amendment rights and conflicted with
previous state rulings allowing them to submit signatures without
declaring an employer.
The 6th U.S. Circuit Court of Appeals in
Cincinnati ruled that Libertarians’ slim chances of a successful First
Amendment challenge to Husted’s decision should bar the party from
proceeding.
The three-judge panel acknowledged the decision could
present "severe and irreparable harm" on the party and likely undermine
its status as a ballot-qualified party in the state.
"We note that
the LPO has struggled to become and remain a ballot-qualified party in
Ohio, and we acknowledge that this decision entails that their efforts
must continue still," the opinion said. "But we also note that we decide
one case at a time, on the record before us. In so doing, we preserve
the First Amendment’s primary place in our democracy over the long run."
Husted’s office praised the ruling.
"Today’s
ruling is more validation that we are following the law and properly
administering elections in Ohio," spokesman Matt McClellan said.
Earl’s
candidacy has the potential to draw votes from Gov. John Kasich,
Husted’s fellow Republican. The incumbent faces likely Democratic
challenger Ed FitzGerald, the Cuyahoga County executive.
The
Libertarian Party of Ohio also sought to add the Ohio Republican Party
to its lawsuit, claiming the GOP "is manipulating Ohio’s ballot to its
advantage." The Libertarians contend the protest was solicited by agents
that are likely connected to the state Republican Party.
A federal judge ruled against the Libertarians in March.
U.S.
District Judge Michael Watson had said that the law challenged by the
party "places only a minimal burden on political speech and the
disclosures it requires are substantially related to Ohio’s significant
interest in deterring and detecting fraud in the candidate petition
process."
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