This topic is monitored by Moritz Law Professor Edward B. Foley
Nader in Ohio Courts Update
Ralph Nader’s inclusion on the Ohio presidential ballot in November now rests with the Ohio Supreme Court, Nader spokesman Kevin Zeese said on Monday. On that day a three judge panel from the 6th Circuit Court of Appeals refused to grant an injunction to block a lower federal court’s ruling to keep Nader off of the ballot. The 6th Circuit ruled that it was unlikely that Nader would win such an appeal on the merits. The court also turned down his request for an expedited appeal.
Still pending in the Ohio Supreme Court is a similar challenge: whether the residency requirements of petition circulators is unconstitutional. This is a similar claim to that put before federal district court judge Edmund Sargus, a claim he failed to rule on citing many instances of “actual fraud.”
In the Ohio Supreme Court Nader is arguing that the Ohio Revised Code statute that requires petition circulators to be Ohio residents flies in the face of what the United States Supreme Court has ruled in its Buckley v. American Constitutional Law Foundation opinion. Nader argued that because “of the clear need for professional assistance, the Supreme Court has found that candidates have a constitutional right to use hired circulators.” Lower federal courts have followed that lead by striking down residency requirements for circulators of candidate petitions. The Attorney General’s argument is that such residency requirements are required to prevent voter fraud and to insure that circulators are amenable to state process.