Thursday, November 8, 2018

Libertarian Party Appears to Still be Ballot-Qualified in Ohio

Ballot Access News

The Libertarian Party petitioned for party status this year, submitting the petition in July 2018. It ran for Governor in November and did not get as much as 3% for Governor.

However, the Ohio law says, “3501.01(F): Political party means any group of voters meeting the requirements set forth in 3517.01 of the Revised Code for the formation and existence of a political party…(2) Minor political party means any political party organized under the laws of this state that meets either of the following requirements: (a) Except as otherwise provided in this division, the political party’s candidate for governor or nominees for presidential elector received less than 20% but not less than 3% of the total vote cast for such office at the most recent regular state election. A political party that meets the requirements of this division remains a political party for a period of four years after meeting these requirements. (b) The political party has filed with the secretary of state, subsequent to its failure to meet the requirements of division (F)(2)(a) of this section, a petition that meets the requirements of section 3517.01 of the Revised Code. A NEWLY FORMED POLITICAL PARTY SHALL BE KNOWN AS A MINOR POLITICAL PARTY UNTIL THE TIME OF THE FIRST ELECTION FOR GOVERNOR OR PRESIDENT WHICH OCCURS NOT LESS THAN TWELVE MONTHS SUBSEQUENT TO THE FORMATION OF SUCH PARTY, after which election the status of such party shall be determined by the vote for the office of governor or president.”

The capital letters have been added by me. Because the November 2018 election was less than 12 months after the petition was submitted, the 2018 election can’t be used to disqualify the Libertarian Party. By the plain language above, the party is entitled to participate in the 2020 election. Thanks to Mark Brown and Bob Johnston for this news.

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