COLUMBUS, Ohio (WTVN) -- It will be up to the courts to decide whether or not Libertarian Charlie Earl will be on the May primary ballot in the race for Ohio Governor. The Libertarian Party of Ohio make a filing in federal court over the weekend to block the ruling from Ohio Secretary of State Jon Husted to knock him off the ballot.

The ruling from Husted was based on the fact that one of the petitioners collecting signatures for Earl didn't disclose his employer as required by state law. Earl says that same petitioner has worked as an independent contractor for more than 12 years and claims he's never done that in the past.

"My first reaction was, ok, selective enforcement," Earl said.

He's also upset with the Ohio Republican Party and its chairman Matt Borges for getting involved in the situation.

"We know that Matt Borges and others were - how do I put it? - putting a stick in the bee hive."

Knowing that Libertarians will be more closely watched, Earl says it's vital for the party to have their "I's dotted and T's crossed."

Earl's cause is getting help from Roger Stone, the man who ran President Regan's campaign in Ohio in 1980 and supported former New Mexico Governor Gary Johnson in his presidential bid with the Libertarian Party in 2012. Johnson was on the ballot in 48 states.

Earl isn't taking anything for granted, though he feels they have a "50-50" case in court. He points out that no one has anything to gain by them being booted from the primary ballot because no other Libertarians are running in the race.

Some Republicans and Democrats feel that Earl could hurt Gov. John Kasich's chances for re-election. It's one reason this has become so political for both the major political parties.

"The myth is that we steal more from Republicans than we do from Democrats," Earl said. "Roughly half the voters in Ohio are unaffiliated. They say 'a pox on both your houses.'"