By Richard Winger On October 14, U.S. District Court Judge Michael H. Watson issued an opinion in Libertarian Party of Ohio v Husted, s.d., 2:13cv-953. He ruled that a federal court cannot rule on whether the ballot access law passed in 2013 violates the Ohio State Constitution. Only state courts can do that.
The Ohio Constitution, Article V, section 7, says, “All nominations for elective state, district, county and municipal offices shall be made at direct primary elections or by petition as provided by law.” The 2013 ballot access law says that newly-qualifying parties shall nominate by convention, not primary. …read more