Ohio law provides for a seven-member Elections Commission that always has three Democrats, three Republicans, and one independent. On October 22, U.S. District Court Judge Algenon Marbley issued an opinion in Libertarian Party of Ohio v Wilhem, s.d., 2:19cv-2501.

The opinion says that the composition of the Ohio Election Commission, which always excludes minor party members, cannot stand unless the state can show it is needed for a compelling reason. The order says, “The Commission is authorized to find violations of Ohio’s campaign finance laws, assess fines, and refer violations to the local prosecutor. These decisions, in theory, should not bear on political affiliation; rather, they should be objective determinations based on the law. It is difficult to ascertain why an individual who is affiliated with a minor political party cannot effectively perform this function, or even be considered for a position on the Commission.”