On November 21, the Ohio Libertarian Party filed this reply brief in Libertarian Party of Ohio v Husted, s.d., 2:13cv-953. The issue in the lawsuit at this point is whether SB 193, passed in late 2013, which rewrote the definition of “political party”, is constitutional.
One of the Libertarian Party’s contentions is that the 2013 law violates the Ohio Constitution, which seems to say that all parties must nominate by primary. The federal court can only involve itself in this issue if the federal court rules that the state waived its Eleventh Amendment immunity. That is why so much of this brief concerns the Eleventh Amendment. Thanks to Steve Linnabary for the link.
The constitution says that all nominations must be by primary or petition as provided by law.
At the time of ‘Blackwell’ the statutes did require party nominations to be by primary. The 6th Circuit confused the statutory implementation of the constitution, with the constitution itself.
Argument makes sense, but does not apply.
The primary aspect is for established parties. Since the party failed to reach minimums for ballot access in 2014, they no longer exist.
You can not have a primary if you don’t exist. After filing, the following year, the party would have a primary.
Therefore the challenge is moot.
Stop using the courts, and just get it done. If you are supposedly the 2 or 3 largest affiliate of the LP, why is it so hard?
Or is it because LPO, namely Kevin Knedler, broke laws in order to be recognized at LNC last June as a large affiliate.
If the LPO can’t follow laws, why are they using courts to settle disputes? Hell, their leadership didn’t even petition to get their candidates on the ballot last year.
Why are more ohio libertarians not calling for major changes in leadership?