Ohio law says a party that polled 3% or more for President in 2016 is entitled to party status. Gary Johnson polled 3.17% of the presidential vote in Ohio last month, and on December 2, the Libertarian Party asked the Secretary of State to recognize the Libertarian Party. On December 16, the Secretary of State refused, in a two-page letter that gives no rationale at all for the denial. It merely says that the party’s attorney, Mark Brown, once wrote in a brief that it isn’t likely that a party can be recognized based on its vote if it hadn’t previously been recognized.

On December 19, the party asked the State Supreme Court to reverse the Secretary of State’s decision. The court has discretion as to whether to hear the case, which is called State ex rel Fockler v Husted. Here is the brief.