The Libertarian Party of Ohio filed an emergency request with the U.S. Supreme Court Tuesday evening asking for former New Mexico Gov. Gary Johnson to be listed as an independent candidate on the presidential ballot this November.

Johnson and his running mate, former Massachusetts Gov. Bill Weld, submitted paperwork last week asking a judge to replace Libertarian placeholder Charlie Earl — who dropped out of the race — with them.

The state's Libertarian Party lost its minor-party status, forcing Libertarian and independent candidates to fight for the same spot.

After failing to win in Appeals Court multiple times this summer, the party's attempt to get ballot name recognition of its candidates must be met by Aug. 30, the state deadline for certifying presidential ballots.

Associate Supreme Court Justice Elena Kagan, appointed by President Obama, will decide whether to refer the matter to the full court for a vote.

Johnson polls at an average of 9 percent when up against Democratic and Republican nominees, Hillary Clinton and Donald Trump, respectively. The Libertarian's ability to get ballot access in the Buckeye State is not expected to significantly affect the election.