Cases made for getting Kanye on, off ballot
Ohio Secretary of State Frank Larose, in an Ohio Supreme Court filing Wednesday, defended not allowing Kanye West to appear on the state’s presidential ballot, arguing that the rapper’s petitions had “fatal” defects and that he had the power to reject them.
Larose’s argument, filed by a lawyer for the Ohio attorney general’s office, comes in response to a request by West and Michelle Tidball, his running mate, that the state Supreme Court order his name on Ohio’s general election ballot.
Larose, a Republican, rejected West’s filing because staff determined Tidball’s signature and information on
West’s original nominating petition and statement of candidacy did not match the paperwork actually used for petitions signed by voters.
Specifically, Tidball’s signature on the copied petitions is dated the day before her signature on the original statement of candidacy. “A copy of something obviously cannot predate the original,” Larose’s brief states. Tidball’s signatures also are noticeably different on the two forms.
“This substantive and fatal defect is not a mere technical error that can be brushed aside,” Larose’s brief states, adding later that such paperwork rules are meant to ensure that a candidate can’t collect petition signatures for one office, then use them to run for another position instead.
But West’s attorney, Curt Hartman, stated in a legal brief that that while Tidball’s two signatures look noticeably different, she confirmed under oath that they were both hers, and that Larose’s office is wrong to disregard that.
As for the paperwork differences, Hartman asserted that variations between the original statement and circulated petitions are allowed as long there’s no indication of fraud or voter deception.
Hartman previously argued that Larose isn’t allowed under state law to reject West’s petitions because no one filed a formal protest ahead of time. However, he noted that Larose’s reasons for rejecting West’s petition were very similar to objections emailed to Larose’s office a couple of days prior by attorneys representing Lewis Goldfarb, a University of Cincinnati law professor from suburban Columbus with ties to Democrats.
Goldfarb is also a co-plaintiff with the Ohio Democratic Party in a lawsuit filed last month against Larose to force him to allow multiple drop boxes for general election absentee ballots this fall.
Larose’s brief stated that the secretary of state has the power to reject a petition that is unlawful regardless of whether a protest was filed, and that there’s nothing wrong with people writing in with concerns.
It’s unclear when the Supreme Court will make a ruling in the case. Absentee ballots for the Nov. 3 election are scheduled to be sent out Oct. 6.
Republican operatives have been assisting West’s attempts to get on the ballot as an independent candidate in several swing states, leading many to suspect that his campaign is a ploy to siphon votes from Democratic presidential nominee Joe Biden.
Hartman was an Ohio delegate to the 2016 Republican National Convention for then-gov. John Kasich. This year, he is the GOP nominee for a Hamilton County Common Pleas Court judicial seat.