The Libertarian Party of Ohio has appealed to the U.S. Supreme Court after a lower court denied its attempt to get a gubernatorial candidate on Tuesday's primary ballot.
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 sued Husted, arguing Earl's disqualification was unconstitutional and conflicted with prior rulings allowing submission of signatures without declaring an employer. 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. The three-judge panel acknowledged its decision would likely disqualify Libertarians from Ohio ballots.