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A federal appeals court likely represents the last chance for Libertarian candidates for governor and attorney general to appear on the statewide ballot.

The Ohio Supreme Court yesterday unanimously upheld a ruling by Secretary of State Jon Husted denying Steven Linnabary the chance to run for attorney general.

Linnabarys election petitions and those from the Libertarian Partys gubernatorial slate were disqualified by Husted because paid circulators who gathered voter signatures failed to disclose their employer on the petitions.

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, a Columbus resident, including claims that the First Amendment free-speech and due-process 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 asking the 6th U.S. Circuit Court of Appeals to overturn a decision by a federal court judge denying them a spot on the ballot.

U.S. District Judge Michael H. Watson of Columbus ruled against the would-be candidates, ruling that Ohios petition-circulation law places only a minimal burden on free speech.

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Federal court might be next for Libertarians wanting on ballot