Ohio has a state Elections Commission, which is responsible for enforcing the state’s campaign finance laws. The Commission consists of three members of each of the two largest parties, plus one person who is not a member of any party. In 2018, when gubernatorial debates for the general election were set up, the debate sponsors had no neutral criteria for determining who should be invited to the debates. The Libertarian Party, which had a gubernatorial nominee on the ballot, complained to the Ohio Elections Commission, but the Commission refused to act.
Federal law is clear that when corporations sponsor debates, they must have objective criteria. On June 15, the Ohio Libertarian Party filed a federal lawsuit, arguing that (1) the commission is unconstitutionally constituted, because members of minor parties can never be members; (2) that the 2018 gubernatorial general election debates were illegal. Libertarian Party of Ohio v Wilhem, s.d., 2:19cv-2501. The case is assigned to U.S. District Court Judge Algenon Marbley, a Clinton appointee.