On May 8, the Ohio legislature passed SB 295, which repeals the omnibus election law bill of 2011. This means (assuming the Governor signs the bill, and it is considered certain that he will) that the statutory petition deadline for newly-qualifying parties goes back to what it was in 2006 when it was held unconstitutional by the 6th circuit. That deadline is November of the odd year before the election in presidential years, and January of the election year in mid-term years.
It has now been over five years since the old deadline was held unconstitutional, and yet the Ohio legislature has not fixed the law. In the meantime, Ohio federal courts and the Ohio Secretary of State have been helpful in permitting five minor parties to appear on the ballot.
In contrast to Ohio, the Tennessee legislature last month passed a bill for an August petition deadline for newly-qualifying parties. The Tennessee legislature acted only two months after the old deadline was held unconstitutional.
1. Separate is NOT equal.
NOT brought up in Williams v. Rhodes 1968 – from Ohio.
2. Sue the morons for $$$ damages — to bankrupt them — to get Democracy ballot access laws.
How do they justify passing a law that has already been held unconstitutional?
#2, this is what happens when legislatures pass omnibus election law bills packed with dozens of different provisions. The Republican majority in the Ohio legislature repealed the whole bill because otherwise the voters would be voting on the bill in November 2012 (because Democrats and labor unions successfully got enough signatures on a referendum petition). Republicans believe the voters would throw out the law, so it saves embarrassment for them to just repeal the law and take the ballot measure off the November ballot.
#3 The ballot access provisions were not ruled unconstitutional, a district judge issued a temporary injunction.
The Ohio legislature could just go ahead and pass a stand-alone law; or better would simply be to adopt the Texas system of concurrent nomination and qualification; or to switch to Top 2.
Pingback: Ohio Legislature Passes Bill, Repealing Election Law Changes Made in 2011 | ThirdPartyPolitics.us