Last week, the Ohio Libertarian Party filed this brief in its ongoing ballot access lawsuit, which was filed in 2013 to overturn the 2013 law that altered the definition of a “political party.” The case is Libertarian Party of Ohio v Husted, s.d., 2:13cv-953.
The brief argues that the Ohio Constitution requires that all parties nominate by primary. The 2013 law says newly-qualifying parties must nominate by convention.
The brief also argues that it is unconstitutional for a state to let voters register into qualified parties, but not unqualified parties. Ohio voter registration forms do not ask voters to choose a party (or independent status). Instead, Ohio considers a voter to be a member of a party when that voter votes in that party’s primary. With no more primaries for newly-qualifying parties, voters won’t be able to join those parties in the eyes of the state. Courts that have ruled that if states let voters register into a qualified party, they must let voters into active unqualified parties, include the Second Circuit, the Tenth Circuit, a U.S. District Court in Oklahoma, and a state appeals court in New Jersey.
According to this news story, the current Republican Secretary of State, Jon Husted, who is running for re-election, supports the 2013 law. The Democratic nominee, Nina Turner, opposes it. The third candidate in the race, Libertarian Kevin Knedler, also opposes the 2013 law, although the news story does not mention him.
“The third candidate in the race, Libertarian Kevin Knedler, also opposes the 2013 law, although the news story does not mention him.”
Of course not mention him. Don’t give any news which might enlighten the public there are more choices other than Democratic and Republican.
Just keep Ole Joe voter happy. As long as Ole Joe has a job, can make payments on his worn out pickup truck, buy a 6 pack or two to sit and watch the football games on the weekend in his double-wide trailer, Ole Joe is happy and doesn’t care what both parties are doing to him.
Keep Ole Joe happy!
Ala. Independent makes a good point about “Old Joe.” Most voters are woefully ignorant and cast their ballots based upon ridiculous reasons. Those of us who are older and originally from the South will remember the “Confederate Army Democrats” who always voted for Democrats because their ancestor was in the Confederate Army – even if that ancestor had been a Whig. Then there was my neighbor who was a naturalized citizen who told us we should vote Republican because it was “more classy.” Many vote for/against candidates based on sex, surname origin (Irish, “Mexican,” etc.), way the name sounds, and other such foolishness. Almost enough to make you think the vote should be restricted – but then, who would do the restricting. And many of these voters will still complain about the government – but they have just the government they deserve! Unfortunately, the rest of us must share the governmental results with them.
Is a federal court competent to interpret Ohio’s Constitution?
The Libertarian brief carefully avoids saying that Article V, Section 7 requires nomination by primary, but instead relies on a paragraph out of Libertarian Party of Ohio v Blackwell.
But it ignores Paragraph 35 of Blackwell that noted that minor party candidates could be nominated by petition. If the 6th Circuit truly believed that this would have violated the Ohio Constitution, they would have (or should have) said so. Instead they objected to the petition statute because candidates could not have the party name. It even throws in some gibberish about straight-ticket voting that Ohio has not had since before Richard Winger could vote.
Let’s see what the Constitution actually says:
“All nominations for elective state, district, county and municipal offices shall be made at direct primary elections or by petition as provided by lawand provision shall be made by law for a preferential vote for United States senator; but direct primaries shall not be held for the nomination of township officers or for the officers of municipalities of less than two thousand population, unless petitioned for by a majority of the electors of such township or municipality.
All delegates from this state to the national conventions of political parties shall be chosen by direct vote of the electors in a manner provided by law. Each candidate for such delegate shall state his first and second choices for the presidency, but the name of no candidate for the presidency shall be so used without his written authority.Parts that are irrelevant after 17th Amendment or unconstitutional under decisions such as LaFollette are stricken.
So what does it say? Nominations shall be by direct primary or petition as provided by law.
SB 193 is a law, and it provides that minor party candidates be nominated by petition. It does not require nomination by convention. The sponsors of the party petition, may choose to accept or not accept a petition-candidate as a candidate.
Ohio’s party affiliation law is stupid. It can’t be used to prevent candidates from switching parties. It doesn’t prevent a voter from switching parties at the next primary. It serves as a gotchas for petition circulators and screws up local elections.
Gene: Alot of those “Confederate Army Democrats” also looked upon the Republican Party as the descendents of the Army which occupied the South during Reconstruction.
And, isn’t it strange, some of the descendents of the “Confederate Army Democrats” have become Republicans today?
Thanks for your extending remarks about “Ole Joe.” Yep, people get the government they vote for and deserve. Kinda hard to have any sympathy for them!
That amazing! The article ignores the candidate most affected by the law in an article about that law! Unfreakingbelievable!