On July 1, Ohio Governor John Kasich signed HB 194. This is an omnibus election law bill that, among other things, purports to give Ohio a ballot access law for minor parties that complies with the 2006 decision of the 6th circuit in Libertarian Party of Ohio v Blackwell. It sets a petition deadline of early February, the same deadline that was held unconstitutional in Williams v Rhodes by the U.S. Supreme Court in 1968. The Supreme Court said an early February deadline is “unreasonably early.” However, it is true that the new Ohio deadline is better than the old one of November of the year before the election.
The next step will be for the Secretary of State to decide whether the four minor parties that were ballot-qualified in 2008 and 2010 (Constitution, Green, Libertarian and Socialist) may remain on the 2012 ballot. Former Secretary of State Ted Brown, in analogous circumstances, left parties on the ballot in 1970 and 1972.