BOSTON – While the Republicans
were celebrating their presidential nominee this week in Tampa, the
Libertarians were scrambling to fend off another round of ballot
access challenges across the country.

Libertarian nominee Gary Johnson is now facing problems
in Ohio while
still awaiting the outcome of rulings in Pennsylvania,
Michigan,
and Iowa. 

In Ohio, Johnson is facing a legal challenge from two registered
voters on the grounds that Johnson obtained his ballot access by
“nominating petition.” Ballot
Access News says this is bogus because the Libertarian
Party of Ohio secured statewide access during the 2008
election. 

On August 24, two Ohio voters, Kelly Mills and Cynthia Rees,
filed a challenge to the placement of Gary Johnson on the Ohio
general election ballot. The Ohio Libertarian Party and the Johnson
campaign were not informed of this until August 31.

The basis for the challenge is that Ohio law says candidates
cannot get on the general election “by nominating petition” if he
or she “seeks a party nomination for an office or position at a
primary by declaration of candidacy.” 3513.04. This is a frivolous
challenge. Gary Johnson did not get on the general election ballot
in Ohio “by nominating petition.” He is on the November ballot
because the Ohio Libertarian Party has been ballot-qualified ever
since 2008. People who get on the general election “by nominating
petition” are independent candidates, and Gary Johnson is not an
independent candidate.

To get around this problem, the objectors point out that the
Libertarian Party would have got on the ballot by “nominating
petition” if a court hadn’t put it on the ballot. But, the petition
that would have been used to put the Libertarian Party on the
ballot if it had needed one is not called a “nominating petition”;
instead it is “a petition in which voters declare their intention
to organize a political party.” The petition to put a party on the
Ohio ballot does not list any candidates; it just mentions the
party, so plainly it is not a “nominating petition.” After a
newly-qualifying party in Ohio gets on the ballot, the party
nominates its candidates.

The suit mentions his initial candidacy as a Republican but the
problem with that argument is that he never appeared on the ballot
in Ohio as a Republican.

In Michigan, Johnson’s time as a Republican is the main sticking
point for his ballot access issues there. 

Libertarians in Pennsylvania gathered nearly twice the number of
required signatures to get on the ballot there but
state Republicans are still challenging their validity.
Johnson’s campaign faced another hurdle when they failed to obtain
the proper seals for their petitions, forcing Johnson himself to
fly to Pennsylvania after a campaign swing through Texas. 

According to an email from the chair of the Massachusetts LP,
the Johnson campaign has qualified for the ballot here after
submitting over 14,000 signatures. Secretary of State William
Galvin certified 11,727 of the Johnson/Gray ticket signature’s this
morning and issued a receipt certifying their placement on the
ballots across the Commonwealth this November. 

Johnson was facing difficulties in Washington, DC, but according
to sources close to his campaign those were resolved on
Friday.