Court denies request to force count of votes for Green Party's Jill Stein in Ohio

COLUMBUS, Ohio — Votes cast for Green Party presidential candidate Jill Stein in Ohio will not be counted despite her name appearing on the state's ballot in Tuesday's election after an appeals court panel denied her motion seeking to force the election chief to tally them.

The three-judge panel on the Sixth U.S. Circuit Court of Appeals ruled Friday against her request for an injunction targeting Republican Secretary of State Frank LaRose on Friday in a dispute over the person listed as her running mate on the ballot.

Stein filed as an independent presidential candidate in Ohio because the Green Party lost state recognition several years ago. She listed Anita Rios — the party’s 2014 nominee for governor — as a placeholder running mate until Butch Ware was nominated at the national convention Aug. 17.

Ware's nomination happened after an Aug. 12 state administrative deadline for replacing an independent vice presidential candidate, according to elections officials.

Rose’s office granted a request to remove Rios' name but said Ware could not be added. It then notified the Stein campaign later that month that her votes would not count despite her remaining on the ballot.

Stein’s lawsuit argued that the letter requesting Rios’ withdrawal was written and delivered by a local party official without the knowledge or consent of Rios. It asked the court to issue a preliminary injunction and restraining order to ensure that any votes for Stein would be counted.

LaRose has instructed Ohio’s 88 county election boards to inform the electorate that votes for Stein “will be void and will not be counted,” according to court documents.

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