Ohio Democratic Party Wins Lawsuit on Substituting a New Nominee When Prior Nominee Withdraws

On October 11, the Ohio Supreme Court ordered the Secretary of State to let the Democratic Party replace its nominee for State House, 94th district. State ex rel Conrath v LaRose, 2022-Oh-3594. At the August 2022 primary, only one Democrat had been on the ballot, and he withdrew shortly after the primary was over. The Secretary of State refused to let the Democratic Party substitute a new nominee, because the primary results had not yet been certified. But the Democratic Party couldn’t wait for the certification, because if it had, the substitution action would have been too late. It was obvious what the results of the primary would be, because there had been only one candidate on the primary ballot, and no declared write-in candidates.

The vote was 4-3. The majority and the minority opinions are quite heated. There have been many 4-3 election law decisions by the Ohio Supreme Court this year; that court is very polarized. Here is the Opinion.

U.S. Supreme Court Conference Today Considers American Samoa Citizenship Case

At its October 14 conference, the U.S. Supreme Court considers whether to hear Fitisemanu v U.S., 21-1394. This is the case over whether the language of the Fourteenth Amendment means that persons born in American Samoa are citizens, even if they don’t go through the naturalization process. The case was brought in Utah by a Samoan-born adult who wanted to register to vote in Utah, where he lives. He was denied the ability to register to vote because he was born in American Samoa.

The Fourteenth Amendment says, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.” However, Congress passed a law long ago that says they are not citizens, unless they go through naturalization. They are only U.S. “nationals.” They do have U.S. passports.

No news about the U.S. Supreme Court action will be available until Monday, October 17, at the earliest. The Court might ponder the case but make no decision for a while.