LPO spokesman Aaron Keith Harris said in a written statement that the party will challenge the decision in federal court immediately and it expects to win.
“We expected Husted’s decision, as he, John Kasich and the rest of the Ohio GOP mafia have been working hard for months to violate voting rights and thwart democratic participation,” Harris said. “They are cowards and bullies who are afraid to give voters a chance to hear from candidates who are fiscally responsible and value constitutional rights.”
In November, the Ohio Democratic Party released a poll it paid for that showed the race tied between Democrat Ed FitzGerald and Kasich if Earl is also on the ballot. That poll had FitzGerald and Kasich each getting 41 percent and Earl peeling off 6 percent.
The most recent head-to-head poll from Quinnipiac University released in February shows FitzGerald trailing Kasich by 5 points.
Husted made the decision based on recommendations from hearing officer Bradley Smith, who held a protest hearing earlier in the week. Smith is a former Republican appointee to the Federal Elections Commission and a current law professor at Capital University.
If the decision stands, it would likely help Kasich in his re-election bid, since Libertarians tend to vote for more conservative candidates.
Earl was expected to siphon off votes from the Republican incumbent, which would in turn help FitzGerald.
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