Jeremy Fugleberg

jfugleberg@enquirer.com

Libertarian presidential candidate Gary Johnson may not appear on the ballot in Ohio in November unless an unusual strategy works out.

The Libertarian Party of Ohio had said they would submit petitions to put the former New Mexico governor on the ballot. But on early Tuesday afternoon, a day before the filing deadline, supporters wearing Gary Johnson shirts submitted petitions to instead put Charlie Earl on the ballot as a placeholder candidate.

The move came as a surprise to Ohio secretary of state staffers who received the forms. Earl, a Bowling Green resident, co-owns a barbecue business with family members. He unsuccessfully ran as the Libertarian candidate for Ohio secretary of state in 2010 and governor in 2014. He served as a member of the Ohio House of Representatives in the early '80s,

According to the Libertarian Party of Ohio, Earl is supposed to serve as a placeholder candidate until the Johnson campaign files paperwork to essentially swap the candidate's name for Earl's. The party collected signatures for Earl because the Libertarian Party's national convention wasn't until Memorial Day.

Right now, the Libertarian Party will not appear anywhere on the Ohio presidential ballot. That's because the Libertarian ticket didn't meet vote thresholds in 2012. The party's challenge of the law is still in the courts.

To get around that, the plan was for Libertarian candidate Johnson to appear on the ballot as an independent. But then things got even more complicated: the Libertarian party didn't name Johnson in time, so Libertarians in Ohio began gathering signatures with Earl's name on it.

"Although this process is complicated, it was the only course available for the Libertarian Party and the Johnson/(William) Weld campaign because of the laws disingenuously passed and arbitrarily enforced by the Republican Party operatives who control Ohio’s elections," said the party in a media release sent by its spokesman, Aaron Keith Harris, late Tuesday afternoon.

Here's the problem: It's not yet clear Johnson can tag in and replace Earl on the ballot.

"This is news to us," said Josh Eck, spokesman for Ohio Secretary of State John Husted, late Tuesday when he was told of the Libertarian Party's late-breaking plans."I am not aware of any time in Ohio history where a candidate has filed petitions to run for president and asked for another name to be put on the ballot. Our legal team will need to review the revised code to find out if that is legally possible."

Earl, reached early Tuesday evening, said discussions to put his name on the ballot begin in April. Ohio law allows Johnson and Weld to replace Earl and placeholder running mate Ken Moellman of Pendleton County in Northern Kentucky as independent candidates, Earl said.

If Johnson doesn't get on the ballot, it would further diminish the chances of the long-shot, third-party candidate. Johnson is pulling only 7-8 percent support in national polls.

But Johnson's ballot absence could be good news for Republican candidate Donald Trump. Libertarian candidates often take votes from Republican candidates. About 50,000 Ohioans voted for Johnson in 2012. If enough of those voters choose Trump instead, it could bolster Trump's chances in a crucial swing state. Two Ohio polls out Tuesday showed Trump down by five percentage points against Democratic foe Hillary Clinton.

Earl co-owns Pork Belly BBQ with family members and just finished an eight-day stint at the Wood County Fair selling his son's "butt-kicking pulled pork and ribs."

If Earl was really running for office, his name would festoon the side of the trailers used by the business, he said. But serving as a placeholder candidate means there's still something he can do to help the Libertarian Party's cause. Earl, who is 70, jokes about how now obituary writers will be forced to describe him as a candidate for president.

"It's my last big gasp for the party," he said.