The Libertarian Party of Ohio asked Justice Clarence Thomas yesterday to delay a ruling by a federal appeals court in Cincinnati that upheld the removal of the party's candidates for governor and attorney general from the state's primary ballot.

The Libertarian Party of Ohio asked Justice Clarence Thomas yesterday to delay a ruling by a federal appeals court in Cincinnati that upheld the removal of the party�s candidates for governor and attorney general from the state�s primary ballot.

The party made the request in the U.S. Supreme Court a day after Justice Elena Kagan rejected its initial attempt to get a delay. The Libertarians hope Thomas will grant their appeal, a first step in having the high court hear the case before Tuesday�s primary.

A three-judge panel of the 6th U.S. Circuit Court of Appeals unanimously upheld a ruling by a federal judge that the candidacy petitions of Libertarian gubernatorial candidate Charlie Earl and attorney general candidate Steven Linnabary were faulty.

Secretary of State Jon Husted made the original decision to remove them from the statewide ballot.

The decision could be a factor in the November election. If Earl is nominated and thus appears on the fall ballot, he could siphon votes from Republican Gov. John Kasich in his race against Democrat Ed FitzGerald.

Judges noted the involvement of both the state Democratic and Republican parties in the legal maneuvering to get Earl on the ballot because of the stakes.

The Libertarians also lost an earlier try to win a spot on the ballot via the Ohio Supreme Court.



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