COLUMBUS, Ohio The Libertarian Party of Ohio immediately appealed to the U.S. Supreme Court on Thursday after a lower court denied its attempt to get a gubernatorial candidate on Tuesdays primary ballot.

Their candidate, Charlie Earl, was disqualified by Secretary of State Jon Husted after his nominating petitions were challenged. Husted agreed with a hearing officer who found two Earl petitioners failed to properly disclose their employers.

Libertarians sought to reinstate Earls ballot status, arguing that Husteds ruling violated petition circulators First Amendment rights and conflicted with previous state rulings allowing them to submit signatures without declaring an employer.

With five days until the election, the 6th U.S. Circuit Court of Appeals in Cincinnati said Thursday the party was too unlikely to succeed in a First Amendment challenge to Husteds ruling to proceed.

The three-judge panel acknowledged the decision could present severe and irreparable harm on the party and likely undermine its status as a ballot-qualified party in the state.

We note that the LPO has struggled to become and remain a ballot-qualified party in Ohio, and we acknowledge that this decision entails that their efforts must continue still, the opinion said. But we also note that we decide one case at a time, on the record before us. In so doing, we preserve the First Amendments primary place in our democracy over the long run.

Husteds office praised the ruling.

Todays ruling is more validation that we are following the law and properly administering elections in Ohio, spokesman Matt McClellan said.

Aaron Keith Harris, who chairs the partys state central committee, called the ruling disappointing and said the party had asked for a stay in order to file its appeal.

Whatever the outcome, the Libertarian Party of Ohio is looking forward to taking our unique message of fiscal responsibility and social tolerance to Ohio voters in the May 6 primary where we expect thousands of voters to choose the Libertarian ballot and in the general election with more than 20 candidates across the state, he said.

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Ohio Libertarians appeal over ballot status