In 2006, Ohio’s procedure by which political parties get on the ballot was held unconstitutional. Almost three years have passed, and no bill has been introduced to write a new law to replace the old void one.
Under a federal court decision won by the Ohio Libertarian Party in 2008, as long as there is no valid ballot access law in place, the state cannot keep any party off the ballot, if it can show that it has a modicum of support. As a result, it is growing increasingly likely that the Libertarian, Green, Constitution and Socialist Parties will remain on the ballot automatically in 2010. Because Ohio’s Constitution requires all qualified political parties to nominate by primary, and because Ohio has its primary in May in 2010, even if the legislature passed a bill in early 2010, it could not impose requirements that would be in effect in 2010.
The Ohio legislature is still in session, but as soon as it passes a budget bill, it will recess for the summer, but will return in the autumn of 2009.