NEW ORLEANS -- Neither the Libertarian Party nor the Socialist Party USA turned in completed paperwork on time to get on Louisiana's presidential ballot this year, a federal appeals court has ruled.

Mark R. Brown, a professor at Capital University Law School in Columbus, Ohio, said Friday that he was filing an expedited appeal for the Libertarians to the U.S. Supreme Court.

The Socialists were considering an appeal, said Brian Moore, presidential candidate of the Socialist Party USA.

The 5th U.S. Circuit Court on Friday overturned U.S. District Judge James Brady's order to add the Libertarian candidate to the presidential ballot on Nov. 4. It upheld his ruling that the Socialist Party filed too little, too late.

Secretary of State Jay Dardenne's staff had printed and distributed 76,000 absentee ballots after refusing to list the Libertarians and Socialists.

"We do not have to reprint the ballots. I'm pleased the 5th Circuit has agreed with our decision to go forward with the ballots," Dardenne said.

Neither party filed their paperwork by the Sept. 2 deadline -- the day after Hurricane Gustav closed state offices for a week.

Dardenne's staff notified both parties about 3 p.m. Sept. 8 that the office had reopened and that filings for the presidential race would close at 5 p.m. that day, according to testimony earlier in the week.

On Tuesday, Brady ordered Dardenne to place the Libertarian candidates on the ballot because their paperwork was filed by Sept. 10 -- the day absentee ballots were sent to a printer.

Brady denied the Socialists' request because they filed incomplete paperwork Sept. 11.

The appellate panel stayed Brady's order to place the Libertarians on the ballot. At least one member of Dardenne's staff remained at the office during the week of the hurricane, and candidates could have dropped off their paperwork during that time, the judges said.

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Information from: The Advocate, http://www.2theadvocate.com

(Copyright 2008 by The Associated Press. All Rights Reserved.)