On August 29, the Ohio Constitution Party amended its complaint, to ask that a federal court put it on the ballot for president and vice-president. The party already complied with the independent petition for president, so the only effect of this part of the lawsuit is that the state would print “Constitution Party” on the ballot next to Chuck Baldwin’s name, instead of “no-party candidate” or “other party candidate” or no label at all.

The Ohio Constitution Party had filed its original lawsuit on July 9, but the subject of the original complaint was to protect its candidate for Attorney General, Robert Owens, from being challenged. Owens had voted in the March Republican primary, and he was afraid his ballot status would be challenged because of that. But, as it turns out, no one ever challenged him, so the original case probably would have been dismissed, if it had not been amended to bring up the new issue of Baldwin’s ballot label.

The amended complaint also asks that the Ohio Secretary of State print “independent” next to Owens’ name on the ballot. He does not wish to have “Constitution Party” next to his name on the ballot. This part of the complaint is arguing that Ohio is obliged to print “independent” on the ballot for independent candidates. Ohio law says the label for candidates who use the independent procedure must be either no label, or “no-party candidate” or “other-party candidate.” But in the past, the Minnesota and Massachusetts Supreme Courts have both ruled that “independent” is such a unique generic word, that states cannot bar the use of the word on the ballot for independent candidates who wish that label.