Ohio Attorney General Dave Yost will seek an en banc review from the U.S. Court of Appeals for the Sixth Circuit following a split decision by a three-member panel. The panel ruled that the "Protecting Ohioans' Constitutional Rights" proposed amendment and its summary should be sent to the Ballot Board.
The Attorney General's role includes determining whether the summary accompanying initiative petitions is "fair and truthful." Yost concluded that it was not, emphasizing that the appeals court did not address the correctness of his decision.
"If Attorney General Yost’s decision was correct, then the panel’s order is sending an unfair, untruthful summary out to present to voters," stated Bethany McCorkle, Communications Director for the AG. "Ohio has a compelling interest in a fair and truthful process."
McCorkle also mentioned that several errors in legal reasoning were identified in the opinion, which will be highlighted in the petition for a full court review expected to be filed tomorrow.
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