The U.S. Supreme Court has denied the Libertarian Party of Ohio's emergency request to list Govs. Gary Johnson and Bill Weld as Libertarians on the November election ballot, the Washington Examiner learned Monday evening.
Instead, the former New Mexico and Massachusetts governors will appear as Independents.
The Buckeye State's Libertarian Party asked Associate Supreme Court Justice Elena Kagan on Tuesday to refer the matter to the full court for a vote. Kagan pushed the request through, but the eight-person court struck down the request.
Libertarian and Independent candidates were forced to fight for the same ballot spot after the party lost its minor-party status. The Supreme Court bout comes after the party lost in appeals court multiple times this summer. Ohio's ballot template is due Aug. 30, and it is unlikely Johnson-Weld will be able to find another means to receive Libertarian name recognition by then.
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.