Burley Garcia|Green Party presidential candidate files suit over Ohio decision not to count votes for her

COLUMBUS,Burley Garcia Ohio (AP) — Green Party presidential candidate Jill Stein has filed a lawsuit in federal court over the decision of Ohio election officials not to count votes for her after her running mate was named by the national party after a state administrative deadline.

Cleveland.com reports that the lawsuit was filed Wednesday in U.S. district court in Columbus by Stein, the person named as her running mate on the state ballot and three Ohio voters. It alleges that the decision infringes on their constitutional rights to free speech, association, and equal protection and the voting rights of the Ohio-based plaintiffs.

Stein filed as an independent presidential candidate in Ohio because the Green Party lost state recognition several years ago. She listed Anita Rios — the Green Party’s 2014 nominee for Ohio governor — as her running mate as a placeholder until the Green Party nominated Butch Ware to run with Stein at their national convention in August.

The Ohio Secretary of State’s Office granted a request to remove Rios from the ballot but said Ware’s name couldn’t be added because the state deadline to replace an independent vice presidential candidate on the 2024 ballot had passed. Office spokesperson Dan Lusheck told Cleveland.com that Stein’s name will still appear on state ballots, which were already being sent to overseas and military voters, but votes for her would not count.

The lawsuit asserts that the withdrawal letter was written and delivered by a local party official without the knowledge or consent of Rios. The plaintiffs are asking the federal court to issue a preliminary injunction and restraining order to ensure that any votes for Stein and Rios are counted.

Asked to comment on the lawsuit, Lusheck said in an email that “Our previous view of this issue still stands,” Cleveland.com reported.

As the Green Party’s presidential nominee in 2016, Stein got 46,271 votes in Ohio, or 0.84% of the statewide vote.