A lawyer says the Libertarian Party of Ohio continues to seek a ballot position for its gubernatorial candidate despite a federal appeals court in Cincinnati declining to rehear an appeal. The 6th U.S. Circuit Court of Appeals decision involved candidate Charlie Earl. Ohio elections chief Jon Husted disqualified Earl after a hearing officer found two Earl petitioners failed to properly disclose their employers on nominating petitions. Libertarians sued, arguing Husted's decision was unconstitutional and conflicted with prior rulings of the office. Their first appeal was rejected by a three-judge panel of the 6th Circuit, then turned back by the U.S. Supreme Court. The party's request to be heard by the full 6th Circuit was declined Wednesday. Lawyer Mark Brown says a district court could still declare Husted's action unconstitutional.