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Husted Orders Libertarian Candidates Off Primary Ballot

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By Jim Heath Friday March 7, 2014 5:25 PM UPDATED: Friday March 7, 2014 6:39 PM COLUMBUS, Ohio -

Secretary of State Jon Husted decided late Friday to remove Charlie Earl, the Libertarian candidate for governor, off the May primary ballot.

That decision effectively removes the possibility of a Libertarian name being on the November ballot.

Husted said he is following the recommendation of a hearing officer who concluded Earl and Steve Linnabary, the Libertarian candidate for Attorney General, do not have enough valid signatures on petitions.

The decision is being hailed as a victory for state Republicans who were concerned that Earl could garner 3 to 5 percent of the statewide vote in November.

Republican governor John Kasich narrowly defeated then-Democratic governor Ted Strickland in 2010 by a 49 to 47 percent margin.

Kasichs two point victory came in an election year heavily dominated by GOP candidates who swept every statewide office in Ohio.

Republican strategist Terry Casey said the evidence was clear that Libertarian operatives failed to meet the legal requirements on petitions.

"I was shocked when I saw the involvement of the Ohio Democrat Party in collusion with Libertarians," said Casey. "There was testimony about the breakfast between the Libertarian Party head and Ohio Democrat Party chairman Chris Redfern. I'm shocked the Democrats are this desperate."

Democrat operatives were quick to criticize the decision and suggested Kasich supporters are trying to clear the ballot.

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Husted Orders Libertarian Candidates Off Primary Ballot

Libertarian Charlie Earl doesn't qualify for governor's race, Husted rules

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Helpful Links Headlines from ThisWeekNews.com The City Blog By Joe Vardon The Columbus Dispatch Friday March 7, 2014 5:21 PM

In good news for Gov. John Kasich, a Libertarian gubernatorial candidate was ruled off the ballot today.

Secretary of State Jon Husted accepted the recommendations of a hearing officer saying professional signature gatherers hired by the party should have listed the Libertarians as their employer on the petitions and petitions were gathered contrary to state law. That means that Libertarian Charles R. Earl and running mate Sherry L. Clark are off the ballot. So is attorney general candidate Steven R. Linnabary.

Mark Brown, attorney for the Libertarian Party, said he would file an appeal in federal court tonight.

Were going to argue under the First Amendment that the employer statute is unconstitutional, and well also argue under the 14th amendment of equal access, Brown said. Secretary Husted changed the rules in the midst of the game once again, and you cant do that either.

The Libertarians have already successfully won two preliminary injunctions in federal court during the 2014 election cycle; one preventing Husted from enforcing residency requirements for petition circulators and the other preventing him from enforcing a bill that would have it made very difficult for minor party candidates to make the ballot.

Both of those laws were passed by the Republican-controlled legislature and signed by Kasich; some Republicans were worried that Earl would draw votes from Kasich.

Husted, who like Kasich is a Republican, based his ruling on the recommendation of former Federal Election Commission member Brad Smith, who presided over a protest hearing this week.

Earl, who is in Columbus for the Libertarians state convention this weekend and is supposed to give the keynote address, said on the face of it, the way the law is written, I cant disagree with Husteds ruling. But Earl said he would let attorneys challenge the ruling in court and Ill know in a week or so if Im going to go back and plant a garden this spring.

jvardon@dispatch.com

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Libertarian Charlie Earl doesn't qualify for governor's race, Husted rules

In Pinellas congressional race, could a Libertarian decide the outcome?

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All the pundits are calling Pinellas County's big-money, nationally watched congressional election a razor-thin contest that could go to the Democrats or Republicans.

But this analysis leaves out a key factor named Lucas Overby.

He's a Libertarian who has been in the race longer than either Democrat Alex Sink or Republican David Jolly, and who participated in all three candidate debates alongside the other two.

Most polls give Overby 4 to 7 percent of the vote, with one setting his support at 12 percent. With a neck-and-neck race between Jolly and Sink, will Overby's campaign impact Tuesday's results?

"Absolutely," said Darryl Paulson, professor emeritus of government at the University of South Florida St. Petersburg. "The big question is what kind of impact?"

Paulson said he's not sure he buys conventional wisdom, which suggests he would draw supporters more heavily from Jolly than Sink. The reasoning behind that is the Libertarian Party's stance against over-regulation and big government bureaucracy appeals to people who would otherwise vote Republican.

Libertarian candidates can also attract younger and more Democratic voters, Paulson said, because of the party's support of decriminalizing marijuana, same sex marriage, and more.

"Overby could really have some negative impact on the Sink campaign," he said, "but nobody knows."

Overby himself has a different view.

"Victory is very possible," he said this week, "it is very realistic for us to win."

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In Pinellas congressional race, could a Libertarian decide the outcome?

Libertarian running for governor faces test

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Published: Tuesday, 3/4/2014

BY JIM PROVANCE BLADE COLUMBUS BUREAU CHIEF

COLUMBUS Charlie Earl, a former Republican state representative from Bowling Green, will have to fight to keep his Libertarian spot on the ballot for Ohio governor. Protesters claim Democrats are behind his candidacy.

Ohio Secretary of State Jon Husted has scheduled hearings for Tuesday for Mr. Earl and Steven A. Linnabary, a Columbus candidate for attorney general, to fend off allegations that could invalidate their petitions.

A Libertarian and independent allege that the petitions that secured their spots on the ballot were circulated by professional signature gatherers who did not identify themselves as such on the petitions and that lawyers, consultants, and political operatives usually associated with Democratic candidates worked to ensure the Libertarians qualified for the ballot.

Theres been conjecture over what impact Mr. Earls presence on the ballot would have on the race for Ohio governor.

Some within the conservative Tea Party wing of the GOP have voiced support for a conservative alternative to Republican Gov. John Kasich, given Mr. Kasichs support of Medicaid expansion under the federal health-care law and his refusal to sign off on attempts to make Ohio the latest right-to-work state.

These charges are completely without merit and part of an attempt to limit voters choices in the governors race and on down, said Aaron Keith Harris, spokesman for the Ohio Libertarian Party, whose own petitions for secretary of state were found insufficient. He said theres no truth behind the allegations that Democrats are behind the Libertarian candidacies.

Democrats generally believe Mr. Earl will draw more voters from Mr. Kasich than their chosen candidate, Cuyahoga County Executive Ed FitzGerald, but the Libertarian Partys position on other issues may not be an easy fit with either major party.

Brad Smith, a Capital University law professor and former Federal Elections Commission member, will preside as hearing officer and make his recommendations to Mr. Husted whether Mr. Earl or Mr. Linnabary should remain on the ballot.

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Libertarian running for governor faces test

Foes of 2 Libertarian hopefuls say Dems saved candidacies

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Published: Tuesday, 3/4/2014

BY JIM PROVANCE BLADE COLUMBUS BUREAU CHIEF

COLUMBUS Those seeking to remove Libertarian candidates for governor and Ohio attorney general from the ballot on Tuesday claimed Democrats stepped in at the last minute to salvage their candidacies when it was clear their petition efforts were falling apart.

The Libertarians, in turn, accused Republicans of orchestrating the effort to remove them from the ballot.

And the hearing officer presiding over the case for Ohio Secretary of State Jon Husted repeatedly wondered aloud the relevance of behind-the-scenes involvement of a law firm, consulting firm, and political operatives usually associated with Democrats

The challenge urges Mr. Husted to remove Charlie Earl, a former Republican state representative from Bowling Green, from the ballot for governor and Steven A. Linnabary, a Columbus civil engineer, from the ballot for attorney general.

The finger-pointing and legal scrambling illustrate how minor party candidates, who normally garner little attention in Ohio politics, have suddenly become significant factors.

Some conservatives have voiced support for an alternative to the right of Republican Gov. John Kasich because of his push to expand Medicaid under the federal health-care law and refusal to endorse an effort to make Ohio a right-to-work state.

When a threatened primary challenge to Mr. Kasich failed to materialize, attention instead turned to Mr. Earl.

The Libertarian Party has endorsed a proposed right-to-work constitutional amendment prohibiting the mandatory collection of fair-share fees in lieu of dues from employees who refuse to join a workplace union.

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Foes of 2 Libertarian hopefuls say Dems saved candidacies

Ohio Libertarian Candidate's Petitions Challenged

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Chillicothe Man Allegedly Confesses To Burglaries In Ross, Fayette, Pickaway Counties Chillicothe Man Allegedly Confesses To Burglaries In Ross, Fayette, Pickaway Counties

Updated: Wednesday, March 5 2014 6:42 PM EST2014-03-05 23:42:03 GMT

A Ross County man is charged in connection with several residential burglaries in Fayette County.

A Ross County man is charged in connection with several residential burglaries in Fayette County.

Updated: Wednesday, March 5 2014 2:45 PM EST2014-03-05 19:45:08 GMT

Columbus firefighters rescued a woman from an overturned vehicle in a north Columbus Giant Eagle parking lot Wednesday afternoon.

Columbus firefighters rescued a woman from an overturned vehicle in a north Columbus Giant Eagle parking lot Wednesday afternoon.

Updated: Wednesday, March 5 2014 5:18 PM EST2014-03-05 22:18:21 GMT

Wednesday was day 100 for Waverly City Schools in Pike County -- an event that was supposed to happen three weeks ago. But because the district has used 19 calamity days, it was delayed twice.

Wednesday was day 100 for Waverly City Schools in Pike County -- an event that was supposed to happen three weeks ago. But because the district has used 19 calamity days, it was delayed twice.

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Ohio Libertarian Candidate's Petitions Challenged

Libertarian governor candidate challenged in Ohio

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COLUMBUS, Ohio (AP) Lawyers sparred Tuesday over whether a Libertarian gubernatorial candidate in Ohio is qualified for the May ballot, a dispute whose outcome could affect Republican Gov. John Kasichs re-election bid.

Libertarian Charlie Earl has the potential to draw votes from Kasich as the governor faces a likely challenge from Democrat Ed FitzGerald this fall. Kasich has faced criticism from tea party activists and other conservatives within the GOP for some of his policy decisions, including backing Medicaid expansion and drilling tax increases.

Recent polls place Kasich ahead of FitzGerald, the Cuyahoga County executive in Cleveland, but the governors race in this closely-divided battleground state has a chance of being tight.

The protest seeking to disqualify Earl from the primary ballot was registered on behalf of Tyler King, a Libertarian Ohio voter.

Kings lawyer, Columbus attorney John Zeiger, argued Tuesday before hearing officer Bradley Smith, a former federal election commissioner, that Earl should be disqualified. He asserted that Democrats orchestrated the circulation of Earls petitions and provided monetary and legal help to the effort.

Capital University law professor Mark Brown, representing Earl, said that Ohio Republicans are trying to force Libertarians and other third parties from the ballot. Brown brought a successful federal legal challenge to the constitutionality of new ballot access rules passed by the Ohio Legislature and signed by Kasich in November, a bill Democrats pejoratively labeled the John Kasich Re-Election Protection Act.

Zeigers firm laid out the following claims through documents and testimony:

The Democratic law firm McTigue & McGinnis and employees of Strategy Network, a Democrat-affiliated consulting firm, received payments from an entity called Ohioans for Liberty to supervise, manage and organize signature gathering for Libertarian candidates, including Earl;

The bulk of Ohioans for Libertys funding came through an $828,000 contribution from the Ohio Democratic Party;

A leading professional petitioner who collected signatures for Earl identified herself elsewhere as a registered Democrat;

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Libertarian governor candidate challenged in Ohio

Protests could force removal of Libertarians Earl, Linnabary from ballot

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The Dispatchpublic affairs team talks politics and tackles state and federal government issues in the Buckeye Forum podcast.

Hearings of protest took place yesterday that would have Libertarian gubernatorial candidate Charlie Earl and attorney general candidate Steve Linnabary removed from the May 6 primary ballot.

Protests were filed with Secretary of State Jon Husteds office to invalidate the petitions of both candidates for two reasons accusations that paid circulators collected signatures on their behalf without identifying their employment by the Libertarian Party on the petitions; and that some of the signature collectors were Democrats.

But the attorney representing the Libertarians said the protest wasnt really about getting Earl and Linnabary thrown off the ballot, rather an effort to embarrass Earl (and Linnabary) by linking them to Democrats. It has been widely speculated that Earls presence on the ballot this fall could siphon votes away from Gov. John Kasich which could be damaging if the election is close between Kasich and likely Democratic nominee Ed FitzGerald.

Mark Brown, attorney for the Libertarian Party and a Capital University law professor, said there wasnt any evidence introduced yesterday that would warrant removal.

The rest of this stuff is just bluster and innuendo, and its designed to harass, he said.

Its about the Republicans trying to intimidate Libertarians.

In the hearing over the protest against Earl, Brown acknowledged that circulators Oscar Hatchett and Sara Hart were paid to collect signatures for the party, but as independent contractors and not as employees.

Hatchett testified that, as a professional circulator, he has never identified an employer on any petition he has circulated and has never had a petition ruled invalid.

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Protests could force removal of Libertarians Earl, Linnabary from ballot

Ohio Democrats helping Libertarian Party

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Protests filed against the candidacy of Charlie Earl, the Libertarian Party's candidate for governor, claim that he got onto the ballot because his campaign was got help from Ohio Democrats.

Secretary of State Jon Husted's office will be holding public hearings starting at 9 a.m. Tuesday in the PUCO building in Columbus on protests that were filed challenging the candidacy of Earl and the Libertarian Party's candidate for attorney general, Steven Linnabary.

A passage from one of the protests, filed by the Zeigger, Tigges and Little law firm on behalf of Gregory Felsoci, described as a Libertarian who lives in Rocky River, claims that Earl's efforts to get on the ballot were "propped up" by Democrats. Here is a relevant passage:

" ... the Democratic law firm of choice, McTigue & McGinnis, LLC, and the Democratic go-to consulting firm, Strategy Network, propped up the otherwise failing efforts of the Libertarian candidates to obtain the 500 valid signatures needed to get them on the ballot. Four separate employees of Strategy Network - Eileen Vorhees, Samuel Runta, Emily Baker, and Andrew Goldsmith - collected and submitted more than fifty of the part-petition signatures on behalf of the Libertarian candidates. But Mr. Runta, for example, has interned with the Ohio Democratic Party and has also worked for Ohio Democratic and Minority Leader of the Ohio House of Representatives Armand Budish. And the Form 14s reflect that the efforts of these four solicitors (and perhaps others that are undisclosed) were supervised, managed or otherwise organized by James Winnett, the LGBT Outreach Director of the Ohio Democratic Party, and Ian James, a long-time and well-respected leader of the Democratic Party in Ohio.

"Moreover, the Form 14s publicly filed with your office reflect that the entity paying for the efforts of Strategy Network and McTigue & McGinnis to supervise, manage or otherwise organize the collection of signatures on behalf of the Libertarian candidates is an entity titled

Ohioans for Liberty. Earlier filings with your office reflect that the Ohio Democratic Party has funded Ohioans for Liberty in an amount of $828,000 or more."

If Ohio Democrats are helping the Libertarian Party's candidate for governor, I see at least two possibilities: (1) The Democrats are sorry about all of that big government "tax and spend" stuff and want to make amends or (2) Democrats think Earl would take away more votes from incumbent Republican Gov. John Kasich than the Democrats' presumptive nominee, Ed FitzGerald. We report, you decide!

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Ohio Democrats helping Libertarian Party


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