(Radio Iowa) – Libertarian candidates for three Iowa congressional seats who’ve been removed from the ballot vow to run write-in campaigns if the state’s highest court rules against them. In late August, a state panel ruled the Libertarian Party did not follow state law when it held county conventions on January 15th, the same day as the party’s caucuses. The Iowa Supreme Court’s justices heard legal arguments in the case this (Tuesday) morning.

Marco Battaglia of Des Moines is the candidate Libertarians nominated to run in Iowa’s third congressional district. Battaglia told reporters he took the time to make sure he did things the right way and the Republican Party’s challenge of his candidacy is unfair. “If they use lawfare to take me off the ballot, I will stay in until the end of the race regardless,” Battaglia says. “I plan to do that no matter what happened today or yesterday or tomorrow.” Charles Aldrich of Clarion, the Libertarian candidate in the fourth congressional district, is striking a hopeful tone about today’s (Tuesday’s) legal arguments.

“The justices had a lot of questions for both sides,” Aldrich told reporters, “so they were paying attention.”Alan Ostergren  is the attorney who represented the Republicans who challenged the Libertarian congressional candidates. Ostergren told the justices the Libertarian Party failed to follow the procedural steps for its county conventions. “They’re like an insurance policy for the elections process. They’re so that elections officials, when they have to make decisions on a quick timetable, know that there is regularity in the process,” Ostergren said. “…If the court says: ‘Well, we’re not going to enforce that ’cause, gosh it seems harsh,’ then there is no logical stopping place.”

Jennifer DeKoch, a lawyer representing one of the Libertarians kicked off the fall ballot, told the justices a ruling against her client would lead to similar challenges of other candidates. “The fundamental question before this court is does the failure to wait 181 minutes after caucus to begin convention justify kicking Libertarian candidates off the ballot and violating Iowa voters’ constitutional rights to political opportunity?” she asked rhetorically.

The Iowa Supreme Court’s chief justice indicated the court will issue its decision before tomorrow (Wednesday) at 11:59 p.m. That is the deadline Iowa’s secretary of state has established for certifying the ballots in the first, third and fourth congressional districts — and getting those ballots printed on time.