Here is the final brief in State ex rel Fockler v Husted, filed on January 9 by the Libertarians who sponsored the Johnson-Weld petition last year. The issue is whether the group’s presidential candidate having received over 3% of the vote in November 2016 creates a new party. The case is based on the language of the statute itself. This is a case of statutory construction, not constitutionality.
The State’s brief is available on the Ohio Supreme Court’s web site.
Just a minor correction to the headline. The Libertarian Party of Ohio did NOT file the brief, the relators Fockler et. al did.
Thanks, Scott, you’re right. I amended the post’s headline.
https://supremecourt.ohio.gov/rod/docs/pdf/0/2017/2017-ohio-224.pdf