U.S. Supreme Court Won’t Hear One of the Ohio Libertarian Party Ballot Access Cases

On January 9, the U.S. Supreme Court refused to hear Libertarian Party of Ohio v Husted, 16-580. This is one of the three Ohio Libertarian Party cases that had been pending. This one charged that the 2013 ballot access restrictions violate the U.S. Constitution because they deny newly-qualifying parties a means to obtain a membership list, whereas old parties do obtain such a list.

The two other cases are in state court. One, also called Libertarian Party of Ohio v Husted, charges that the 2013 law violates the State Constitution, which appears to require that all qualified parties nominate by primary. It is pending in the State Court of Appeals. The other, State ex rel Fockler v Husted, argues that state law requires the Secretary of State to recognized that Gary Johnson’s vote in November 2016 created a new ballot-qualified party. It is pending in the State Supreme Court.


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