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Issue 2 Proposed Redistricting Amendment
Supreme Court
Orders Ballot Board to Replace Language
By Dennis Whalen
September 12, 2012
Secretary of State
Husted calls emergency Ballot Board meeting
Rules Board-Approved Ballot Language Contains Material Omissions and
Factual Inaccuracies, Does Not Properly Identify Substance of the
Amendment
In a per curiam decision issued late Wednesday, The Supreme Court of
Ohio granted a writ of mandamus sought by proponents of a proposed
constitutional amendment that is scheduled to appear on the November 6
statewide ballot. The writ orders the Ohio Ballot Board to reconvene
“forthwith” to replace a board-approved condensed description of the
proposed amendment, which seeks to change the way in which state and
federal legislative districts are drawn, with ballot language that
“properly describes” the proposed amendment.
The court based its order on findings that the board-approved text
contained material omissions and factual inaccuracies, and did not
properly identify the substance of the proposed amendment.
The court’s per curiam decision was joined by Chief Justice Maureen
O’Connor and Justices Paul E. Pfeifer, Evelyn Lundberg Stratton,
Terrence O’Donnell, Robert R. Cupp and Yvette McGee Brown.
Justice Pfeifer entered a separate opinion listing objections to
specific provisions of the Ballot Board’s proposed language and
suggesting text for a proper ballot summary. Chief Justice
O’Connor entered an opinion, joined by Justices Stratton and McGee
Brown, stating her view that the court is barred by the constitutional
separation of powers from usurping the ballot board’s exclusive
authority to craft the ballot language describing the proposed
amendment.
Justice Judith Ann Lanzinger dissented, stating that in her view the
ballot board’s summary language conveys the substance of the proposed
amendment and should be upheld because it does not “deceive, mislead or
defraud” voters.
Read the complete opinion in this downloadable pdf
http://www.countynewsonline.org/news/2012/sep/redistricting-issue2.pdf
Husted calls
emergency Ballot Board meeting
Secretary of State Jon Husted has called an emergency meeting of the
Ohio Ballot Board, pursuant to O.A.C. 111:2-1-01 and O.R.C. 121.22(F),
for Thursday, September 13, 2012, at 11:00 a.m. in the Finan Finance
Hearing Room of the Ohio Statehouse, located on the first floor of the
Senate Building at 1 Capitol Square, Columbus, Ohio, 43215.
The Ballot Board will meet to consider and certify ballot language for
the proposed constitutional amendment on redistricting following
today’s ruling by the Ohio Supreme Court.
Secretary Husted serves as chair of the Ohio Ballot Board and oversees
the board’s proceedings. Other members of the Ballot Board include:
Fred Strahorn, Vice Chair; State Senator Keith Faber; Mark Griffin; and
William N. Morgan. Ballot Board meetings are open to the public.
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