Starting in 2008, the Constitution, Green, Libertarian and Socialist Parties have been ballot-qualified in Ohio, not because they submitted a petition, or met the vote test, but because the old ballot access law was declared unconstitutional in 2006 and the state hadn’t replaced it.

The legislature is now considering HB 194, which ostensibly cures the constitutional defects. The bill has passed both houses, but in different forms, so it must go back to the House for consideration of changes made by the Senate.

The Secretary of State’s office had previously said the four minor parties would be on the ballot automatically during 2011 (there are some local partisan elections in Ohio in 2011). But the office has not said how those parties will be treated for the 2012 election, if HB 194 is signed into law.

In any event, assuming the minor party provisions of HB 194 are not changed by either house of the legislature, the minor parties are expected to file a new lawsuit, because the new petition deadline is in early February, and all reported decisions on the subject of petition deadlines for minor parties agree that a petition deadline that early is unconstitutional. The bill moves the petition deadline from November of the year before the election to February of the election year. The bill does not reduce the number of signatures (1% of the last vote cast) nor does it improve the vote test for a party to remain on the ballot (5% for the office at the top of the ballot, President or Governor).