On January 19, the Libertarian Party of Ohio filed a lawsuit in state court, alleging that the 2013 law on how newly-qualifying parties get on the ballot violates the Ohio Constitution.
The party has been trying for months to persuade federal courts in Ohio that the 2013 law violates the Ohio Constitution, but the federal courts have said that this issue belongs in state court. Normally it is true that federal courts can’t decide whether state laws violate a state Constitution. But there are exceptions, although in this case the federal courts don’t think the exceptions apply.
The new case in state court is Libertarian Party of Ohio v Husted, Franklin County Court of Common Pleas, 16-cv-554. The Ohio Constitution appears to say that all parties must nominate by primary. In presidential years the Ohio primary for all office is in March. But the 2013 law says new parties must submit petitions by July of an election year, and then they nominate without a primary (obviously they can’t nominate by primary, because the primary is already over). The new law implies, but does not say, that new parties should nominate by convention.
If the 2013 legislative session had done a good job, it would have set in motion the process to amend the Ohio Constitution, so that it would no longer say new parties nominate by primary. The Ohio Constitution is the only Constitution in the entire U.S. that mandates that all parties nominate by primary. The Oklahoma Constitution says that the legislature may provide that all parties nominate by primary, but the Oklahoma Constitution does not say the legislature must do this.