[EL] Mr. Gingrich and the Ohio ballot

[Joe La Rue]

Regarding:
 “Gingrich May Not Qualify for Ohio
Ballot”<http://electionlawblog.org/?p=26212>
Posted on December 7, 2011 7:57 am
<http://electionlawblog.org/?p=26212> by Rick
Hasen <http://electionlawblog.org/?author=3>

Oops<http://politicalwire.com/archives/2011/12/07/gingrich_may_not_qualify_for_ohio_ballot.html>
.,

this isn't as big a deal as it seems. Ohio has enacted HB 318, which is
scheduled to become effective on January 20, 2012. It moves the date of
Ohio's primary to June 5, 2012 and will render any signatures submitted
today null and void. While Ohio's legislature could enact new legislation
overriding HB 318, there is little chance now that they would try to retain
a March 6, 2012 primary date (with a Dec 7 deadline for filing petitions),
although it is theoretically possible that they could retain the date and
simply extend the filing period. Either way, though, petitions presented
today will be a nullity.


The only way Mr. Gingrich (or any other candidate) could be hurt by not
filing petitions today is if (1) Ohio overrides HB 318 between now and Jan
20, and (2) somehow decides to enforce, after the fact, the Dec 7 filing
deadline. I would suspect that such a decision is both highly unlikely and
also would be subject to a constitutional challenge.

Joe
___________________
Joseph E. La Rue, Esq.

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