Final Brief Filed in Sixth Circuit in Ohio Libertarian Ballot Access Case

On June 4, the Ohio Libertarian Party filed this reply brief in its ballot access case, in the Sixth Circuit. The two issues are: (1) does the 2013 ballot access law violate Equal Protection by letting old parties continue to have members (as defined by the state), yet depriving new parties from having members? (2) did government actors disqualify the Libertarian Party’s gubernatorial candidate in 2014 by enforcing an obscure campaign finance law that had never before been used to disqualify any candidate or measure from the ballot? (i.e., discriminatory enforcement).

The reason Ohio is subject to criticism on point one is that Ohio doesn’t have registration by party. Instead, Ohio defines a party member as someone who chooses a party’s primary ballot. But the 2013 law doesn’t provide for primaries for newly-qualifying parties.

The Ohio Libertarian Party has a completely separate case pending in state court, over whether the 2013 law violates the State Constitution, which seems to say that all parties must nominate by primary.