Nader's effort to get Green Party label on Ohio ballot hits snag
By The Associated Press
10.20.00
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| Ralph Nader |
CINCINNATI — A federal appeals court yesterday delayed a judge's
order that Ralph Nader be listed as the Green Party's presidential candidate
rather than an independent on Ohio ballots.
Three judges of the 6th U.S. Circuit Court of Appeals granted Ohio
Secretary of State Kenneth Blackwell's request for a stay, giving him more time
to challenge an order that could force the state to reprint or modify ballots.
With time running out to fulfill Nader's request, the court also did not say
when it would hear his appeal.
U.S. District Judge John Holschuh ruled Oct. 13 in Columbus that Nader
was entitled to the party label even though his supporters collected only
enough signatures to appear on the ballot as an independent candidate.
Blackwell, a Republican who was chairman of Steve Forbes' failed
campaign for president, argued that placing the Green Party label on the ballot
could affect an already close presidential race.
Supporters of Nader and his running mate, Winona LaDuke, submitted
8,950 signatures — enough to qualify them as independent candidates under
state law. Far more signatures — 33,542 or 1% of the votes cast in the
1998 gubernatorial election — were necessary to have candidates' names on
the ballot with a party affiliation.
The appeals judges said they granted a stay to head off an extensive
disruption of Ohio's election process. They noted that Holschuh acknowledged
Ohio would have trouble so close to the election guaranteeing that every ballot
on Nov. 7 was updated with the Green Party label.
Blackwell had instructed elections officials to hold off taking
action. At a court hearing, a printing company executive estimated it would
cost more than $400,000 to reprint the entire ballot for all 88 counties.
Even then, 6th Circuit Judges Boyce Martin Jr., Martha Craig Daughtrey
and Ronald Gilman pointed out, all voters in Ohio's presidential election would
not receive uniform ballots if Holschuh's order were carried out.
"Some absentee ballots have presumably been printed and mailed, given
that absentee ballots in Ohio are required by law to be available at least 25
days in advance of any election," the judges wrote. "Some ballots, therefore,
would bear the word 'Green' while others would not.
"Ballots bearing the word 'Green' would have to be modified by various
means, including the use of stickers and rubber stamps, depending on the type
of ballot form in question," the appeals judges wrote. "The process of
modification itself would lead to additional risks, such as misplaced stickers
or claims of undue emphasis on the 'Green' candidate."
Nader sued to challenge Blackwell's order that Nader and LaDuke be
listed on the ballot as independents, with no party designation. Nader and his
Green Party supporters argued the Ohio law violated their rights to free speech
and equal protection under the U.S. Constitution.
Nader's decision to sue so late in the election campaign led the
appellate court to grant Ohio's request for a stay of Holschuh's order, the
appeals judges wrote.
Holschuh had questioned the state's argument that the Green Party
label would indicate to voters that the party had satisfied state requirements
for being recognized as a party in Ohio.
It is important that voters see Nader as the nominee of a political
party, "because such identification, instead of causing confusion, obviously
presents a far more informative description of the candidate than the absence
of any identification," the judge ruled.
Natural Law Party candidate John Hagelin and Libertarian Party
candidate Harry Browne already are on the ballot with party labels.
Reform Party candidate Pat Buchanan is listed as an independent.
Update
Nader loses fight over Green Party ballot label
6th Circuit rules Ohio didn't violate presidential candidate's free-speech, free-association rights by omitting his party affiliation from 2000 ballot.
01.31.02
Previous
Nader should get Green Party ballot label, rules federal judge
Court denies request to issue stay in Oct. 13 ruling; Ohio secretary of state says state will appeal ruling.
10.16.00
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