Libertarians Win Lawsuit with Secretary of State
News Release
For Immediate Distribution
August 6, 2006
Contact: Robert Butler :(740) 204-3036 c:(614) 805-8292
hq@lpo.org
www.lpo.org
Libertarians Win Lawsuit with Secretary of State, Ohio Election Law Ruled Unconstitutional
The US 6th Circuit Court of Appeals has ruled today that Ohio's election laws are unconstitional, restricting the rights of voters, candidates, and political parties of reasonable access to the ballot."
The evidence in the record shows that in Ohio, elections have indeed been monopolized by two parties...The LPO has put forth evidence that Ohio is among the most restrictive, if not the most restrictive, state in granting minor parties access to the ballot," wrote the Honorable Julia Smith Gibbons, US 6th Circuit Court Judge. "Put simply, the restrictions at issue in this case serve to prevent a minor political party from engaging in the most fundamental of political activities - recruiting supporters, selecting a candidate, placing that candidate on the general election ballot in the hopes of winning and ultimately, the right to govern."
Ohio requires new parties to nominate by primary. Since the primary in presidential years is in March, the new party petition is in November, a full year before the election. The majority court opinion said the combination of the relatively high number of signatures (1% of the last presidential vote was 56,279 signatures in 2004) plus the extremely early deadline, taken together, is unconstitutional. No minor parties appeared on the ballot in Ohio in 2002, 2004, or 2006
Under these same laws, current Libertarian candidate for Governor Bill Peirce was compelled to enter the race as an independent. "This is a step in the right direction. We want to get our name and views out there before the public, but we're still being excluding from the public debates."
"We're very pleased with the decision," said Ohio Libertarian State Chair John Stewart. "We're just seeking equal treatment under the law as the two major parties. All we want is a level playing field."
According to Richard Winger, of Ballot Access News and the Coalition for Free and Open Elections, "There are three remedies the Ohio legislature and the Secretary of State may pursue: sharply reduce the number of signatures needed for minor parties, allow minor parties to nominate by convention and change the deadline for filing signatures, or allow independent candidates to declare a party label when they qualify for the ballot."
"We look forward to working with the legislature and the Secretary of State's office to bring Ohio's election laws in line with the court's decision," said party secretary Robert Butler. "There's already a bill from Rep. Jim Trakas' office that deals with this issue."
For the complete decision please visit: http://www.ca6.uscourts.gov/opinions.pdf/06a0342p-06.pdf
For Immediate Distribution
August 6, 2006
Contact: Robert Butler :(740) 204-3036 c:(614) 805-8292
hq@lpo.org
www.lpo.org
Libertarians Win Lawsuit with Secretary of State, Ohio Election Law Ruled Unconstitutional
The US 6th Circuit Court of Appeals has ruled today that Ohio's election laws are unconstitional, restricting the rights of voters, candidates, and political parties of reasonable access to the ballot."
The evidence in the record shows that in Ohio, elections have indeed been monopolized by two parties...The LPO has put forth evidence that Ohio is among the most restrictive, if not the most restrictive, state in granting minor parties access to the ballot," wrote the Honorable Julia Smith Gibbons, US 6th Circuit Court Judge. "Put simply, the restrictions at issue in this case serve to prevent a minor political party from engaging in the most fundamental of political activities - recruiting supporters, selecting a candidate, placing that candidate on the general election ballot in the hopes of winning and ultimately, the right to govern."
Ohio requires new parties to nominate by primary. Since the primary in presidential years is in March, the new party petition is in November, a full year before the election. The majority court opinion said the combination of the relatively high number of signatures (1% of the last presidential vote was 56,279 signatures in 2004) plus the extremely early deadline, taken together, is unconstitutional. No minor parties appeared on the ballot in Ohio in 2002, 2004, or 2006
Under these same laws, current Libertarian candidate for Governor Bill Peirce was compelled to enter the race as an independent. "This is a step in the right direction. We want to get our name and views out there before the public, but we're still being excluding from the public debates."
"We're very pleased with the decision," said Ohio Libertarian State Chair John Stewart. "We're just seeking equal treatment under the law as the two major parties. All we want is a level playing field."
According to Richard Winger, of Ballot Access News and the Coalition for Free and Open Elections, "There are three remedies the Ohio legislature and the Secretary of State may pursue: sharply reduce the number of signatures needed for minor parties, allow minor parties to nominate by convention and change the deadline for filing signatures, or allow independent candidates to declare a party label when they qualify for the ballot."
"We look forward to working with the legislature and the Secretary of State's office to bring Ohio's election laws in line with the court's decision," said party secretary Robert Butler. "There's already a bill from Rep. Jim Trakas' office that deals with this issue."
For the complete decision please visit: http://www.ca6.uscourts.gov/opinions.pdf/06a0342p-06.pdf
posted by CincinnatiLibertarian at 4:59 PM
1 Comments:
This is HUGE!
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