Brian Moore Wins Injunctive Relief Against Ohio Petition Restriction

On June 2, Brian Moore (Socialist Party presidential candidate) won injunctive relief from U.S. District Court in Columbus, against an Ohio law that requires independent candidate petition circulators to be registered voters in Ohio. Moore v Brunner, southern dist., 2:08cv-224.

Although the law has not yet been declared unconstitutional, while that part of the case is pending, any adult may circulate an independent candidate petition in Ohio. Ohio tried to persuade the judge that even if he issued an injunction against the registration requirement, he should still let the state bar out-of-state residents from circulating an independent candidate petition. But the judge rejected the state’s plea. Although a theoretical in-state residency requirement might be constitutional, the judge said, Ohio has no such law on the books. It only has the law requiring registration for circulators. Thanks to law professor Mark R. Brown, who is doing this case pro bono.


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