COLUMBUS, OhioLibertarian gubernatorial hopeful Charlie Earl will not appear on Tuesdays primary ballot after a last-ditch appeal to the U.S. Supreme Court was denied.

Late Monday, Justice Clarence Thomas denied a request for an emergency order to force Earl and Steve Linnabary, the Libertarian candidate for attorney general, onto the primary ballot.

However, Libertarian Party of Ohio attorney Mark Brown said the party will continue to fight in court to add Earl and Linnabary to the general election ballot.

In March, Secretary of State Jon Husted in March struck the names of Earl and Linnabary from the primary ballot on the grounds that petition signature collectors for him didnt properly disclose that the party employed them.

The Libertarian Party of Ohio asked Thomas to issue a stay and an emergency injunction to overturn Husteds decision. Thomas denied the request on Monday afternoon without comment, according to a Supreme Court notification sent to Libertarian Party attorney Mark Brown.

Two federal courts previously sided with Husted in the case. Justice Elena Kagan also declined to issue an emergency order.

By missing the primary, Libertarians fear Earl and Linnabary will be prevented under Ohio's "sore-loser" law from attempting a write-in campaign for governor in the general election.

Brown said the Libertarians will petition a federal appeals court by the end of the week to have the two added to the general election ballot.

If Earl appears on the ballot, observers say he could draw conservative support away from incumbent Republican Gov. John Kasich to the benefit of Democrat Ed FitzGerald.

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Libertarian Charlie Earl will miss Tuesday's primary after U.S. Supreme Court justice denies emergency order