The Libertarian Party of Ohio has asked Justice Clarence Thomas to delay a ruling by a federal appeals court in Cincinnati which this week approved a lower court’s decision to remove the party’s candidates for governor and attorney general from the state’s primary ballot.
The party made the request just one day after Justice Elena Kagan rejected its request for a delay. The Libertarians hope Thomas will grant their appeal, a first step in having the high court hear the case before Tuesday’s primary.
A three-judge panel of the 6th U.S. Circuit Court of Appeals unanimously upheld a ruling by a federal judge that Libertarian gubernatorial candidate Charlie Earl and attorney general candidate Steven Linnabary.
The decision could be a factor in the November election. If Earl is nominated, he could siphon away votes in November from Republican Gov. John Kasich in his race against Democrat Ed Fitzgerald.
Under a law approved by the Republican legislature and signed by Kasich, the Libertarians needed to file a “party formation’’ petition with more than 38,500 valid signatures. In addition, at least 500 signatures must each come from at least eight of the state’s congressional districts.