COLUMBUS, Ohio (AP) — The Ohio Supreme Court on Thursday
denied a request from a Libertarian candidate seeking to force the
state’s elections chief to place his name on primary ballots.
Last
month, Secretary of State Jon Husted disqualified attorney general
candidate Steven Linnabary from the May 6 ballot. His decision came
after Linnabary’s nominating petitions were successfully challenged on
two grounds: that a signature gatherer failed to comply with Ohio law
requiring that he be either Libertarian or politically independent and
that he disclose his employer.
Linnabary’s attorneys sought to
have state’s Supreme Court compel Husted to certify his candidacy,
arguing that the man who protested Linnabary’s petitions lacked standing
to do so. They also said state law does not require certain petition
circulators to disclose employment because they are independent
contractors.
Attorneys for the state had told the justices that
among other arguments, Linnabary’s petition circulators should have
revealed their employment, regardless of whether they are "employees" or
"independent contractors."
"This is a simple case about a
candidate who did not follow the law — a law that is plain in its
meaning, that is easy to comply with, and that serves an important
purpose," attorneys for the state wrote in a court filing last month.
The high court said in its Thursday ruling that Husted reasonably interpreted Ohio law.
Linnabary’s
attorney, Mark Kanfantaris, said he was disappointed with the decision.
He said it conflicted with previous state rulings allowing circulators
to submit signatures without declaring an employer.
"This deprives Ohio voters of choice and this is neither right nor fair," Kanfantaris said.
Separately,
the Libertarian Party of Ohio is appealing a federal judge’s order in
an effort to get its gubernatorial candidate, Charlie Earl, on the May
ballot.
The 6th U.S. Circuit Court of Appeals in Cincinnati has
said the court will take quick action on the party’s overall request to
allow Earl to appear on primary ballots. He also was disqualified on the
grounds that two of his petitioners failed to properly disclose their
employers.
Earl’s candidacy would have the potential to draw votes
from Republican Gov. John Kasich, who likely will face Democratic
challenger Ed FitzGerald, the Cuyahoga County executive.
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