[EL] for Ohio residents

[Richard Winger]

For readers in Ohio, especially people who talk to state legislators and election administrators, here is a suggestion to fix a knotty problem with Ohio election administration.

Ohio's deadline for newly-qualifying parties was held unconstitutional in September 2006 in Libertarian Party v Blackwell, by the 6th circuit.  It has now been over 6 years and the Ohio legislature has not passed any bill that really responds to this court decision.  In the meantime, the state lets four minor parties remain on the ballot.

Ohio is the only state with a constitution that requires that all parties nominate by primary.  Ohio's strong preference is to hold its primary in March of presidential election years.  That is the state rationale for a very early petition deadline for newly-qualifying parties, because the state needs the signatures early to give newly-qualifying parties their own primary in March of presidential years (and May of midterm years).

Only six states still mandate that all parties that appear on the ballot in November must have had their own primary.  The National Civic League's A Model Direct Primary Law, published in 1951, said it is a waste of money to give small parties their own primary, and I agree with that, and so do the vast majority of states.

So, even though it is not easy to change any state's constitution, if I were in Ohio state government, I would work for a state constitutional amendment that excludes newly-qualifying parties, and perhaps small parties in general, from the mandate for primaries.  The Ohio Constitution, Art. V, sec. 7, says, "All nominations for elective state, district, county and municipal offices shall be made at direct primary elections or by petition."  That was passed in 1912.  It could be changed to "All nominations for elective state, district, county, and municipal offices made by large political parties should be made at direct primary elections."

Richard Winger

415-922-9779

PO Box 470296, San Francisco Ca 94147
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