Supreme Court rules to keep Libertarian candidate off of ballot

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The Ohio Supreme Court has upheld a ruling by Secretary of State Jon Husted keeping the Libertarian candidate for attorney general off the ballot.

The court this morning released its unanimous opinion in which it denied the appeal of Steven Linnabary seeking to overturn Husteds decision.

Linnabarys election petitions and those filed by the Libertarian partys gubernatorial slate were disqualified by Husted because circulators who obtained signatures failed to disclose on the forms by whom they were paid.

The justices ruled that Husteds interpretation of state law was reasonable in rejecting Linnabarys argument that one of his circulators was an independent contractor, rather than an employee, and not required to list an employer.

The court also found no substance to other issues raised by Linnabary, including claims his First Amendment rights were violated.

"We are disappointed. This is the first time that qualified candidates were cut off at the threshold because their circulators did not disclose their employment. This deprives Ohio voters of choice and this is neither right nor fair," said Mark G. Kafantaris, a Columbus lawyer representing Linnabary.

Charlie Earl, the Libertarian candidate for governor, and Linnabary, are appealing their loss of another ballot-access challenge in U.S. District Court in Columbus to the 6th U.S. Circuit Court of Appeals.

Judge Michael H. Watson previously ruled against the would-be candidates, ruling Ohios petition-circulation law places only a minimal burden on free speech.

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Supreme Court rules to keep Libertarian candidate off of ballot

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