Former New Mexico Gov. Gary Johnson makes a statement during a Republican presidential debate Thursday, Sept. 22, 2011, in Orlando, Fla.LANSING, MI - Michigan Libertarians have filed a second lawsuit against the state, this time to put Gary E. Johnson's name on the November ballot as a substitute for former New Mexico Gov. Gary Johnson.
Gary E. Johnson of Texas was chosen as an alternative presidential candidate at the state Libertarian Party's June convention - in case the former two-term governor was barred from the ballot under Michigan's "sore-loser law," which is what happened.
Gary Johnson sought the Republican nomination for president last year before announcing his Libertarian bid in December. State election officials notified him that his name would appear on the February presidential primary ballot unless he withdrew.
He missed the deadline by three minutes, according to an earlier suit against Secretary of State Ruth Johnson, a Republican. Under state law, losing the GOP primary disqualified him from running with a party affiliation in the general election.
U.S. District Judge Paul Borman in Detroit last week dismissed the first suit that asked that Gary Johnson's name be placed on the statewide ballot. That ruling is being appealed to the 6th U.S. Circuit Court of Appeals in Cincinnati.
Meanwhile, Gary E. Johnson and the Libertarian Party of Michigan filed a second suit on Tuesday along with a injunction request on Wednesday demanding that his name be added instead before the secretary of state tells local clerks to start printing ballots - a move that could happen any day.
A hearing has been set for next Tuesday in U.S. District Judge Paul Maloney's Kalamazoo courtroom.
"What we don't want is for voters of the state of Michigan to not have the opportunity to vote for a Libertarian for president," said Tom Baker, a lawyer for Gary E. Johnson and the Libertarians.
Denee Rockman-Moon, chairwoman of the state Libertarian Party, said donations have helped pay for the lawsuits. She said the party is entitled to have a nominee on the ballot because it received a minimum percentage of votes in a previous election.
"I find this situation to be very disturbing, corrupt and dirty," Rockman-Moon said. "This party stands on freedom, which includes freedom of speech. ... Let the people decide, not the government."
Johnson spokesman Fred Woodhams, however, echoed a letter written to the Libertarians last week by state elections director Chris Thomas. Michigan law does not authorize a political party to nominate a contingent or stand-in candidate, he said.
Woodhams added that Gary Johnson, the former governor, has filed to run as a write-in candidate in Michigan.
In 2008, Libertarian presidential candidate Bob Barr received under 24,000 of about 5 million votes cast in Michigan, or less than one-half of 1 percent. It is a tiny amount that had no bearing on Barack Obama's comfortable win over John McCain - but might if Michigan has a razor-thin race in 2012 like Florida had in 2000, which was decided by 543 votes.
According to Gary Johnson's campaign website, he will be on the ballot in at least 47 states and Washington, D.C.
Related:
• Johnson sues Michigan for spot on ballot; missed deadline by 3 minutes
• Libertarians to fight Detroit judge's decision to keep Johnson off ballot
Email David Eggert at deggert1@mlive.com and follow him on Twitter @DavidEggert00