On October 6, the Ohio Attorney General’s office informed counsel for the Ohio Libertarian Party that the state will not ask for a rehearing after all, in the ballot access victory won on September 6. However, he said Ohio will ask the U.S. Supreme Court to overturn that ballot access victory.

Assuming the U.S. Supreme Court doesn’t take Ohio’s appeal, then the Ohio legislature will be required to ease the ballot access rules in 2007. Also a proposed lawsuit against the Tennessee ballot access law for new parties will almost certainly win, since Tennessee is also in the 6th circuit.

If the U.S. Supreme Court does take Ohio’s appeal, that would be the first ballot access case that court will have heard since 1992.