Tjaden files suit over ballot exclusion in 99th

Apr. 9—CHARDON — Justin Tjaden, an independent candidate for the 99th District sear in the Ohio House of Representatives, filed suit Monday against the Geauga County Board of Elections, which ruled that Tjaden would not appear on the November ballot because he did meet state signature petition requirements.

Tjaden announced the lawsuit in a press release on Monday, saying he is suing to challenge what he called "unfair ballot access laws in Ohio."

"This lawsuit isn't just about my candidacy," Tjaden stated in the release. "It's about standing up for the democratic values that allow every voice to be heard in our electoral process. The current laws unfairly penalize independent candidates who bring critical perspectives and choices to our elections. We have a chance in Ohio to recognize the current system isn't working, and it starts in District 99."

The release continues: "The legal challenge comes after the Geauga County Board of Elections indicated that it would not certify Tjaden for the November ballot due to an alleged shortfall in valid signatures. The lawsuit contends that these requirements violate both the Ohio and United States Constitutions by imposing undue burdens on the rights of candidates and voters alike.

"Tjaden's legal action seeks to prevent the Board from certifying the election results until the court can review the constitutional issues presented. He emphasizes the urgency of this matter, with the potential certification decision looming at the Board's special meeting scheduled for April 9, 2024 [today]."

According to the release, the suit includes a motion for a temporary restraining order and preliminary injunction, as well as a complaint for declaratory judgment, and challenges the constitutionality of Ohio's ballot access requirements for independent candidates. The lawsuit addresses critical disparities in the signature requirements for independent candidates compared to those affiliated with major political parties.

The release alleges that independent candidates like Tjaden are required to gather disproportionately higher numbers of signatures to qualify for the ballot — a requirement that Tjaden argues severely burdens independent candidates and restricts voter choice — especially when major party opponents, like his, never faced a challenger in their primary election.

Sarah Fowler Arthur, a Republican, is seeking re-election in the 99th District. Democrat Louis Murphy is also running for the seat.

"We are asking the court to uphold fundamental principles of fairness and to ensure that independent candidates are given an equal opportunity to compete," Tjaden added. "The public's trust in our electoral system depends on it."

Attorney Donald Wiggins is representing Tjaden in the lawsuit.