States Can ’t Bar Third Party Members from Public Office

Thomas A. BerryPublic service in state government is something that many aspire to. An appointed position of honor and trust can serve as the capstone to a career. But in Ohio, one such position is categorically off limits to a large group of Ohio citizens. The state ’s Elections Commission adjudicates potential violations of Ohio election law. The Commission has seven seats, of which six are reserved for three Democrats and three Republicans. The seventh and final seat is reserved for a political independent who is a member of no party. Thus, members of all third parties, such as Greens and Libertarians, are categorically barred from eligibility for an appointment.Harold Thomas is a member of the Libertarian Party of Ohio and wishes to be considered for a seat on the Elections Commission. But because of Ohio ’s law, Thomas would have to resign from the party that most aligns with his beliefs in order to be eligible for consideration. Thomas has sued, along with the Ohio Libertarian Party on behalf of all of its members, arguing that Ohio’s law violates their First Amendment right to associate with t heir political party without government retribution.A federal district court and the Sixth Circuit Court of Appeals ruled against Thomas and the LP of Ohio. Both courts applied Supreme Court precedent laying out when it is permissible for anappointer to consider party membership in hiring decisions. But the Supreme Court has never held that a&n...
Source: Cato-at-liberty - Category: American Health Authors: Source Type: blogs