The Libertarian Party petitioned for party status this year, submitting the petition in July 2018. It ran for Governor in November and did not get as much as 3% for Governor.
However, the Ohio law says, “3501.01(F): Political party means any group of voters meeting the requirements set forth in 3517.01 of the Revised Code for the formation and existence of a political party…(2) Minor political party means any political party organized under the laws of this state that meets either of the following requirements: (a) Except as otherwise provided in this division, the political party’s candidate for governor or nominees for presidential elector received less than 20% but not less than 3% of the total vote cast for such office at the most recent regular state election. A political party that meets the requirements of this division remains a political party for a period of four years after meeting these requirements. (b) The political party has filed with the secretary of state, subsequent to its failure to meet the requirements of division (F)(2)(a) of this section, a petition that meets the requirements of section 3517.01 of the Revised Code. A NEWLY FORMED POLITICAL PARTY SHALL BE KNOWN AS A MINOR POLITICAL PARTY UNTIL THE TIME OF THE FIRST ELECTION FOR GOVERNOR OR PRESIDENT WHICH OCCURS NOT LESS THAN TWELVE MONTHS SUBSEQUENT TO THE FORMATION OF SUCH PARTY, after which election the status of such party shall be determined by the vote for the office of governor or president.”
The capital letters have been added by me. Because the November 2018 election was less than 12 months after the petition was submitted, the 2018 election can’t be used to disqualify the Libertarian Party. By the plain language above, the party is entitled to participate in the 2020 election. Thanks to Mark Brown and Bob Johnston for this news.
What prevents the gerrymander oligarchs from messing with the law text ???
About ZERO ???
Another retroactive machination ???
Heads up, don’t know which offices, but the LP elected a few candidates to local offices in Florida last night -might want to look into it.
In the meantime, the question is, Richard, whether the Ohio SoS is going to agree with this view on the law, or not?
Great news!!
Any new OH court case NOW — for a declaratory judgment ???
— since courts are now paralyzed by election law cases due to SCOTUS.
No doubt the SOS will argue that the other clauses define what a political party is, the highlighted clause only defines what a political party “shall be known as”. If they aren’t a political party, then what they “shall be known as” is moot. If the legislature had intended parties to remain for at least a year, they would have said “shall be” instead of “shall be known as”.
I fear that Jeff Wolfe is correct. Section 3501.17 defines a political party (major and minor). 3501.01 is just very confusing. On the other hand, given the mess the law is in, a good lawyer could win.
Any *NEWLY FORMED POLITICAL PARTY* stuff in other law sections ???
— esp filling office nomination replacements ???
Section 3501.17 “Expenditures and costs” defines a political party? Where?
http://codes.ohio.gov/orc/3517
bottom part
3517.01 [Effective 11/2/2018] Political party definitions.
(A)
(1) A political party within the meaning of Title XXXV of the Revised Code is any group of voters that meets either of the following requirements:
(a) Except as otherwise provided in this division, at the most recent regular state election, the group polled for its candidate for governor in the state or nominees for presidential electors at least three per cent of the entire vote cast for that office. A group that meets the requirements of this division remains a political party for a period of four years after meeting those requirements.
(b) The group filed with the secretary of state, subsequent to its failure to meet the requirements of division (A)(1)(a) of this section, a party formation petition that meets all of the following requirements:
(i) The petition is signed by qualified electors equal in number to at least one per cent of the total vote for governor or nominees for presidential electors at the most recent election for such office.
(ii) The petition is signed by not fewer than five hundred qualified electors from each of at least a minimum of one-half of the congressional districts in this state. If an odd number of congressional districts exists in this state, the number of districts that results from dividing the number of congressional districts by two shall be rounded up to the next whole number.
(iii) The petition declares the petitioners’ intention of organizing a political party, the name of which shall be stated in the declaration, and of participating in the succeeding general election, held in even-numbered years, that occurs more than one hundred twenty-five days after the date of filing.
(iv) The petition designates a committee of not less than three nor more than five individuals of the petitioners, who shall represent the petitioners in all matters relating to the petition. Notice of all matters or proceedings pertaining to the petition may be served on the committee, or any of them, either personally or by registered mail, or by leaving such notice at the usual place of residence of each of them.
(2) No such group of electors shall assume a name or designation that is similar, in the opinion of the secretary of state, to that of an existing political party as to confuse or mislead the voters at an election.
[much omitted]
——–
Amended by 132nd General Assembly File No. TBD, HB 34, ยง1, eff. 11/2/2018.
[effective a mere 3 days BEFORE the Election Day]
@YA Jim,
ORC 3517.01
Which claims to define “political party” for Title XXV (elections). If a “group” is not a political party, then it can’t be a “minor political party”
BUT if one looks at the history of 3501.01 and 3517.01 they have long contradicted each other. 3517.01 said a party ceased to exist if it failed to reach 5%, while 3501.01 made an explicit exception for a newly formed party. Prior to SB 193 (130th General Assembly), which implemented the new qualification procedures, 3501.01 included the words “except that”. But elimination of those words does not change anything.
“The sky is blue, except the sky is orange at sunset.” and “The sky is blue. The sky is orange at sunset.” Mean the same thing.
Prior to the most recent revision, it might have been impossible for a new party to qualify within 12 months of a general election, since a party had to qualify in time to hold a primary.
If Ohio were to argue that the new qualification procedure eliminates the need for an exception, A REASONABLE COURT would say that if the legislature wanted to eliminate or rewrite the exception they could have. They extensively revised that section, but deliberately kept the 12-month exception.
Perhaps Ohio could stipulate that the legislative intent was to screw the Libertarians, and the exception should be disregarded, but that is not a winning argument if the overall constitutionality of the qualification standards are at issue.
@DR,
The most recent change was not specific to elections. In cases where notice was to be by certified mail, it is now permitted to use ordinary mail along with email notification.
Am I correct that the Green Party is no longer qualified in Ohio?
It is impossible to reconcile the concept of party nomination with equitable ballot access. PERIOD.
Non-partisan elections, open primaries, or Top 2 all resolve this conflict.
ALL offices — ALL INDIVIDUAL candidates
EQUAL nominating petitions or EQUAL filing fees
—
NO PRIMARIES.
PR AND APPV