On September 1 (Saturday), the Ohio voters who challenged Gary Johnson’s placement on the general election ballot withdrew their challenge. They did not explain why they withdrew. Thanks to Gary Sinawski for this news.
In a slightly related development, on August 31, the U.S. Court of Appeals, 6th circuit, dismissed the Ohio legislature’s appeal of the 2011 U.S. District Court decision that put the Libertarian Party on the ballot for 2012. The 6th circuit said the case is moot.
Ohio has now been without a constitutional ballot access law for newly-qualifying parties for six full years. It will be interesting to see if the 2013 session of the legislature passes a valid law. According to 52 court precedents from around the country, petition deadlines as early as March are unconstitutional. Yet in all six years, there has been no bill introduced in the Ohio legislature to set a petition deadline for newly-qualifying parties that would be upheld. The only reasonable solution is to eliminate the requirement that newly-qualifying parties must nominate by primary. Very few other states requires that newly-qualifying parties must nominate by primary, as a condition of having their nominees on the general election ballot with the party label. Ohio has a strong preference for an early primary, especially in presidential election years. If Ohio were willing to hold its congressional/state office primary in the late summer, the problem would be easier to solve, but given the state preference for an early primary, the state needs to exempt newly-qualifying parties from having a primary.