Ohio has a strange hybrid system for electing state judges. Parties nominate candidates, but there are no party labels on the general election ballot. Ohio also has laws preventing candidates for state court judge to campaign as party nominees.

On June 30, 2016, independent candidate Gerald Phillips filed a lawsuit, alleging that as to judicial elections, Ohio cannot discriminate in matter of how many signatures are needed to get on the ballot. Candidates for local state judge need 50 signatures to get on a partisan primary (or 25 signatures if the party is small). But independent candidates need 1% of the last gubernatorial vote. Phillips wants to run for Lorain County Common Pleas Judge. He submitted 151 sighnatures, and 138 were valid. But the 1% requirement eqals 778 signatures.

Election officials barred him from the general election ballot, not only because he didn’t submit 778 signatures, but because he voted in the March 2016 Republican primary. Hie lawsuit is Phillips v Lorain County Board of Elections, n.d., 1:16cv-1689. It is before Judge Solomon Oliver, a Clinton appointee.