News - Capital University Law School

Time to Change ‘Antiquated’ Election Law Says Professor Brown

9/23/2022  - 

Constitutional Law Professor Mark R. Brown cites “political gamesmanship” in the removal of an independent candidate from Ohio’s ballot.

Terpsehore Maras, who had been certified by local election boards as a valid candidate for secretary of state, was later removed with the approval of incumbent Frank LaRose, who is seeking re-election in November.

Despite Maras getting slightly more than the required 5,000 signatures, political operatives were able to challenge some of those signatures taking her under the threshold. Maras is thought to be a threat to LaRose’s candidacy because she aligns herself with former President Donald Trump and would presumably draw GOP votes away from LaRose.

Brown, the Newton D. Baker/Baker & Hostetler Chair, penned a column for outlining the case and calling for an end to “Ohio’s antiquated protest system,” the law cited for disputing the signatures

“It is inherently biased against minor candidates,” Brown writes. “It allows bullies to throw enormous resources at underdogs. It perpetuates Ohio’s continuing political duopoly. It denies candidates due process. Maras’ exclusion is another unfortunate example.

Brown is all too familiar with the protest law. He represented former presidential candidate Ralph Nader in 2004 and members of the Libertarian Party in 2014 following attempts to invalidate their election petitions.