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Quick decision promised on Nader's suit
What is the state's interest in preventing voters from knowing that Nader is affliliated with the Green Party?
Wednesday, October 11, 2000
Dispatch Staff Reporter
I'll try to get a decision out as quickly as possible,'' U.S. District Judge John D. Holschuh told attorneys for both sides yesterday.

Earlier in the 2 1/2 -hour hearing, Holschuh noted that officials from the secretary of state's office said they would have difficulty adding the Green Party designation to ballots unless Holschuh issues a decision by Friday.

Nader and his Green Party running mate, Winona LaDuke, sued Sept. 27 to have their names appear on Ohio ballots with the Green Party affiliation. Secretary of State J. Kenneth Blackwell, the state's chief elections officer, had ordered their names placed on ballots as independent candidates with no party designation.

Nader and LaDuke supporters submitted only enough signatures -- 8,950 -- to qualify them as independent candidates, said state Assistant Attorney General Arthur J. Marziale Jr.

Far more signatures -- 33,542 or 1 percent of the votes cast in the 1998 gubernatorial election -- were necessary to have candidates' names on the ballot with a party affiliation, Marziale said.

Unlike the Green Party, both the Natural Law Party and the Libertarian Party submitted enough signatures to have their presidential candidates appear on Ohio ballots with party affiliations, Marziale said.

Throughout most of yesterday's hearing, Holschuh peppered Marziale with questions.

The judge questioned the rationale for requiring a larger number of signatures for party affiliation.

What is the state's interest in preventing voters from knowing that Nader is affiliated with the Green Party?'' Holschuh asked. Such a designation probably would assist voters in making informed choices, he said.

Marziale said the requirements are lower for independent candidates because they do not have a political organization behind them that can collect large numbers of signatures.

Also, a candidate who wants to run with a party designation should have to prove his organization is not a frivolous'' one, Marziale said. Having to collect a significant number of signatures is one way of proving that, he said.

Holschuh also was concerned that Blackwell's office never responded in writing to an Aug. 10 letter from the Green Party requesting that Nader's name appear on the ballot with a party designation. The first definitive answer from Blackwell came Sept. 7, when Ohio ballots were certified, the judge said. At that time, Blackwell announced that Nader's name was to appear on ballots without a party designation, Holschuh said.

I'm at a loss to understand why the secretary of state . . . did not respond to that (Aug. 10) letter,'' the judge said.

Marziale acknowledged that a quick written response from Blackwell would have been better.'' But, he added, Nader's supporters never wrote a follow-up letter. If they were so concerned about the issue, Nader supporters should have written another letter, Marziale said.

Robert Ruth With the Nov. 7 election fast approaching, a federal judge in Columbus indicated that he will decide by the end of the week whether presidential candidate Ralph Nader's name will appear on Ohio ballots under the Green Party affiliation.

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