The Libertarian Party of Ohio immediately appealed to the U.S. Supreme Court on Thursday after a lower court denied its attempt to get a gubernatorial candidate on Tuesday’s primary ballot. Their candidate, Charlie Earl, was disqualified by Secretary of State Jon Husted after his nominating petitions were challenged. Husted agreed with a hearing officer who found two Earl petitioners failed to properly disclose their employers.
Libertarians sought to reinstate Earl’s ballot status, arguing that Husted’s ruling violated petition circulators’ First Amendment rights and conflicted with previous state rulings allowing them to submit signatures without declaring an employer.
With five days until the election, the 6th U.S. Circuit Court of Appeals in Cincinnati said Thursday the party was too unlikely to succeed in a First Amendment challenge to Husted’s ruling to proceed.