Green Party Candidate Challenges State’s Replacement Deadline
Green Party presidential candidate Jill Stein has filed a lawsuit in federal court, challenging Ohio election officials’ decision not to count votes for her in the 2024 election. The dispute stems from the state’s refusal to recognize Stein’s replacement running mate, Butch Ware, after the Green Party’s national convention. Ohio election authorities claim the replacement was made after the state’s administrative deadline.
The lawsuit, filed on Wednesday in U.S. District Court in Columbus, includes Stein, her original running mate Anita Rios, and three Ohio voters. They argue that the state’s decision infringes on their constitutional rights to free speech, association, and equal protection, as well as the voting rights of Ohio-based plaintiffs.
Ohio Ballot Controversy: From Placeholder to Lawsuit
Stein, who is running as an independent in Ohio due to the Green Party’s loss of state recognition, initially listed Anita Rios as her vice-presidential candidate as a placeholder. Rios had been the Green Party’s nominee for Ohio governor in 2014. At the Green Party’s national convention in August, Butch Ware was officially named as Stein’s running mate.
While the Ohio Secretary of State’s Office granted a request to remove Rios from the ballot, it refused to add Ware, citing that the deadline to replace an independent vice-presidential candidate had passed. According to the Secretary of State’s Office, Stein’s name will still appear on ballots that have already been sent to military and overseas voters, but any votes cast for her will not be counted.
Legal Argument: Infringement on Rights
The lawsuit contends that the withdrawal of Rios’ name from the ballot was made by a local party official without her knowledge or consent. The plaintiffs argue that the decision to block Ware’s inclusion violates their constitutional rights, including the rights of Ohio voters who wish to support Stein and Ware.
The plaintiffs are asking the court for a preliminary injunction and restraining order to ensure that any votes cast for Stein and Rios, or a corrected version of the ballot with Ware, are counted in the upcoming election.
Ohio’s Response to the Lawsuit
A spokesperson for the Ohio Secretary of State’s Office, Dan Lusheck, told Cleveland.com that the office’s position remains unchanged. Lusheck noted that while Stein’s name will appear on the ballot, votes cast for her will not be counted due to the missed replacement deadline.
The lawsuit highlights the complexities of third-party and independent candidates navigating state election laws, particularly when changes in running mates occur after key administrative deadlines.
Green Party History in Ohio
As the Green Party’s presidential candidate in 2016, Stein received 46,271 votes in Ohio, representing 0.84% of the statewide vote. The current lawsuit underscores the ongoing challenges faced by third-party candidates, who often struggle against restrictive ballot access rules.
Stein’s legal team argues that these restrictions are unfair and unconstitutional, aiming to secure a court order that ensures her votes are counted in Ohio, one of the key battleground states in the 2024 presidential election.
