Charles Morrison, an independent candidate for US House in Ohio this year, filed a federal lawsuit to get on the November ballot on July 26. Morrison v Colley, 2:06-cv-644. The candidate had enough valid signatures to be on the ballot, but he was removed anyway because he had voted in the Republican primary this year, and had run for party office in that primary.

The Ohio law says that an “independent candidate” is potentially anyone “who claims not to be affiliated with a political party”. It doesn’t define those terms, associate them with any time period, or explain how it is to be enforced. Morrison certifies that he is not affiliated with any party. Ohio does not have registration by party. The lawsuit claims the standard is hopelessly and unconstitutionally vague. The case was assigned to U.S. District Court Judge George Smith, a Reagan appointee. In 2004, Judge Smith refused to order Ohio elections officials to count write-in votes for Ralph Nader, even though Ohio permits write-ins. His order said the voters whose votes would never be counted were not being harmed.