Supporters of Libertarian Party presidential candidate Gary Johnson said they submitted more than 12,000 signatures this afternoon to place his name on Ohio's presidential ballot as an independent. They never once uttered the name of Charlie Earl, the Libertarian candidate for governor who failed to make the 2014 ballot, as they talked to reporters. Yet, minutes after the Libertarian Party representatives left the office of Secretary of State Jon Husted, his staff noticed the petition forms nominated Earl to appear on the ballot as a presidential candidate -- not Johnson.

Supporters of Libertarian Party presidential candidate Gary Johnson said they submitted more than 12,000 signatures this afternoon to place his name on Ohio's presidential ballot as an independent.

They never once uttered the name of Charlie Earl, the Libertarian candidate for governor who failed to make the 2014 ballot, as they talked to reporters.

Yet, minutes after the Libertarian Party representatives left the office of Secretary of State Jon Husted, his staff noticed the petition forms nominated Earl to appear on the ballot as a presidential candidate -- not Johnson.

The Libertarians then issued a statement saying that Earl was a "placeholder" candidate.

"As soon as state officials certify the placeholder petition, the petition committee, the placeholder candidates, and the Johnson/Weld campaign will file the paperwork that will bethe final step in fulfilling our promise to Ohio voters and to everyone who signed the petition to give them an option to vote for our party's nominee," the statement said.

The Libertarians pointed to a section of state law that it believes allows an independent such as Earl to withdraw and be replaced by Johnson -- up until 86 days before the election, or in about five days.

The secretary of state's office will review state law to determine the legality of the Libertarians' planned move, said Husted spokesman Joshua Eck.

"We are not aware of any time in Ohio history where a candidate has filed petitions to run for president and then asked another name to be put on the ballot," Eck said.

Asked if county boards of elections could validate signatures within five days, Eck replied: "It's too early to tell ... part of that depends on how heavy the lift will be for individual boards." The ballot must be finished by Aug. 30, he said.

Depending on how Husted rules, Johnson, the former two-term governor of New Mexico, could appear on the Nov. 8 ballot without a party designation, presuming the campaign submitted the valid signatures of 5,000 registered voters.

Libertarians have fought a state law banning its status as a minor party in federal courts, but failed to win, and plan to appeal to the U.S. Supreme Court if the Cincinnati-based 6th Circuit U.S. Court of Appeals declines to reconsider its recent decision.

That legal fight led to the use of Earl as a placeholder, the party said in its statement.

"Although this process is complicated, it was the only course available for the Libertarian Party and the Johnson/Weld campaign because of the laws disingenuously passed and arbitrarily enforced by the Republican Party operatives who control Ohio's election.

"Any attempt by those same partisan hacks to characterize our petition efforts as anything but an attempt to give Ohio voters a Libertarian option is just further evidence of their ongoing campaign to disenfranchise Ohio voters and crush opposition parties," the statement said.

"Since John Kasich said he can't vote for (Hillary) Clinton or (Donald) Trump ... we're giving him the choice of voting for Gary Johnson," said Robert Bridges, of Columbus, chairman of the Libertarian Party of Ohio before the Earl petitions were discovered.

Kasich has balked at backing his party's nominee, Trump, in the race against Democratic candidate Clinton.

"We believe firmly in giving Ohioans a choice on the ballot," Bridges said, saying "the stars have aligned" for Libertarians given voter unease with both major party presidential candidates.

"Libertarians are fiscally conservative and socially tolerant. We'll keep government out of your wallet and out of your bedroom."

Ohio apparently will be the only state in the U.S. in which the Libertarian Party candidates will appear without their party affiliation, Bridges said. The party plans to collect up to 50,000 petition signatures ahead of the statewide election in 2018 to restore its status as a recognized minor party, he said.

Clinton and Trump, along with Green Party candidate Jill Stein, already have filed the needed paperwork to appear on fall ballot in all-important Ohio.

Husted's office also said that Richard Duncan, a city planner from the Cleveland area, filed to run as an independent for president. He received 12,502 votes in Ohio for president in 2012.

rludlow@dispatch.com

@RandyLudlow