The Ohio Libertarian Party has been fighting in federal court to be restored to the ballot, but so far the lawsuit hasn’t won, although part of it still isn’t decided. Thus, the party has decided to begin petitioning for party status for 2016. It needs 30,560 valid signatures by July 6.
If the petition succeeds, the party will be the first to use the new ballot access law passed in late 2013. The new law says that newly-qualifying parties nominate by convention, not by primary.
The Green Party is ballot-qualified in Ohio and will nominate by primary. If the party wishes, it may have its own presidential primary. Jill Stein is likely to qualify for the party’s presidential primary ballot, since candidates who qualify for primary season matching funds are put on presidential primary ballots automatically.
The new law definitely does not say that newly qualified parties nominate by convention.
The sponsors listed on the petition decide which petitioning candidates appear on the ballot under the Libertarian banner.
The new law says the party cannot nominate by primary. What other way is there?
The Ohio Constitution provides that nominations are made by petition or by primary, as provided for by law.
For established parties, the nominations are made by primary.
For independents and candidates of newly qualified parties, nominations are made by petition. The sponsors of the new party decide which petitioning candidates appear on the ballot.
If someone went out on their own and petitioned to run for Congress, do you think the leaders of the Libertarian Party are going to say that you should have appeared before the convention first?
The Ohio Constitution says, “All nominations for elective state, district, county and municipal offices shall be made at direct primary elections or by petition as provided by law.”
The Ohio Supreme Court has already ruled that, for partisan elections, “by petition” refers only to independent candidates, not party candidates.
What is the case in which the Ohio Supreme Court so ruled?
The constitution does not say anything about whether the nominations are partisan or nonpartisan. It leaves the discretion to the legislature.
Well, It seems that the SOS has put up a “Petition to form a Minor Political Party” (4-A, Approved 5-15) That just appoints a Committee to form (And that would be the Exec. Comm. )
Also, there is a Form 4-B, a “MINOR POLITICAL PARTY SLATE of CERTIFIED CANDIDATES” Also approved 5-15 under Revised Code 3517.012(C) That allows a committee appointed by the petition to Nominate candidates.
I assume if Qualified the Party would nominate candidates through a Special Convention. Hopefully Proxies would be accepted for the limited purpose of that convention, but who knows?
Jim, the Ohio Supreme Court case is State ex rel Gottlieb v Sulligan, 193 NE 2d 270 (1963). See page 273.
I think you misinterpret that decision, and also don’t realize that 3513.04 has subsequently been modified.
The issue in 1963 was a candidate who had lost a primary who was named to replace a primary nominee for another office. Those challenging the replacement argued that since he hadn’t been nominated in the primary, any other method by which he became must be “by petition” since that was the only alternative to “by primary” in the constitution.
The Supreme Court interpreted another section of the constitution as giving the legislature authority to provide for special cases such as when there was a vacancy.
Section 3513.04 at that time provided that a loser in a primary could not run as a petition candidate nor as a write-in candidate. That is, the Supreme Court was interpreting the statute at that time as applying to independent candidates. It was not based on interpreting the constitution to say that independent candidates had to be nominated by petition, and certainly was not interpreting the constitution to mean that independent candidates must be nominated by petition, and party candidates by primary.
In 2013, SB 47 added a restriction that a primary loser could no longer be named to fill a nomination vacancy. This rendered the 1963 decision as no longer applicable.
In 2014, SB 193, the statute that implemented the new party procedures, 3513.04 was clarified that “by petition” meant both independent candidates and petition candidates of new parties.
So a loser in the Republican or Democratic primary may not be named to fill a vacancy for other office; nor as an independent candidate; nor as a petition candidate of a new party.