Last month, independent candidates for Youngstown, Ohio city council were removed from the ballot, because the Secretary of State ruled that individuals who voted in a partisan primary can’t be independent candidates. The Ohio election law does not say independent candidates must not have voted in the primary. However, last year an independent candidate for U.S. House was removed from the Ohio ballot, and his federal lawsuit to get back on the ballot lost. At least one Youngstown candidate has filed a new lawsuit. Thanks to Nancy Ross for this news.
True enough, although in Ohio anyone can challenge your party affiliation. If someone believes you’re “crossing over” and don’t really support the party in question, you can be charged with a 5th-degree felony. See Sec. 3513.19 of the Ohio Revised Code. I don’t think it’s enforced, but the law is on the books.
These candidates should be kept on the ballot, but they might be open to prosecution for voting in the partisan primary. Running as an independent could be construed as not supporting your party.