On the evening of October 21, the Ohio House passed HB 318-substitute, and Governor John Kasich signed it into law. As a result, Ohio will hold a March primary for U.S. Senate, state legislature, and county partisan office. Also, it will hold a June 12 primary for President and U.S. House.
A little-noticed aspect of the bill also slightly eases presidential primary ballot access. The old law put presidential primary candidates who had qualified for primary season matching funds on the ballot automatically. The new law puts presidential primary candidates on the ballot automatically if they show that they have raised at least $5,000 from each of 20 states. Those qualifications match the existing federal requirements for getting primary season matching funds. This change was made to accomodate presidential primary candidates who choose not to file for primary season matching funds.
In 2008, John McCain had been put on the Ohio Republican presidential primary ballot automatically, because he had applied for federal matching funds. But then, after the FEC had ruled that he was entitled to the funds, McCain said he didn’t want them. Presidential candidates sometimes reject primary season matching funds because candidates who receive them are limited in how much they can spend. Some critics then argued that McCain should not have been permitted to be on the Ohio presidential primary ballot because, by rejecting the funds, he hadn’t truly qualified for them. The situation was ambiguous, and McCain was left on the ballot. But the new law will avoid such situations in the future. Thanks to Frontloading HQ for the news about HB 318 being signed into law.
The effect of this new law is that the statutory petition deadline for new parties remains in November 2011, the same deadline that was held unconstitutional by the 6th circuit in 2006.