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Thursday, November 14, 2024

Ohio court limits AG's role in reviewing amendment petitions

State Supreme Court
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Justice Patrick F. Fischer | Ohio Supreme Court Website

The Supreme Court of Ohio has ruled that the state attorney general does not have the authority to reject a petition for a proposed constitutional amendment based solely on its title. The decision was delivered in a unanimous per curiam opinion, stating that Attorney General Dave Yost acted beyond his authority when he rejected the proposal titled "Ohio Voters Bill of Rights" by claiming the title did not fairly and accurately summarize or describe the content.

According to R.C. 3519.01(A), the attorney general's role is limited to reviewing the summary of a petition, not its title. Under Ohio law, citizens seeking to amend the constitution must submit a petition signed by at least 1,000 registered voters with a summary of the proposed amendment. This summary must be certified as "fair and truthful" by the attorney general before proceeding further.

The group behind the "Voters Bill of Rights" proposal sought intervention from the Supreme Court after Yost rejected their petition due to concerns over its former title, "Secure and Fair Elections." Although they addressed Yost’s objections and resubmitted their petition with changes, including altering the title to "Ohio Voters Bill of Rights," Yost again rejected it on grounds that he could review and found misleading.

In response, proponents filed for a writ of mandamus from the Supreme Court in February 2024. They argued that since they had amended their summary according to Yost's initial feedback and there were no additional issues cited in his second rejection regarding content, he should certify their summary.

The Court clarified that R.C. 3519.01(A) confines Yost's review powers strictly to summaries without defining “summary” itself within this statute. However, it explained that summaries serve different functions than titles—the latter being simply names assigned to amendments rather than detailed descriptions—and therefore fall outside Yost’s jurisdiction.

Yost contended his review encompassed both titles and summaries but acknowledged during proceedings how prior rejections stemmed mainly from perceived discrepancies between these two elements' roles within petitions submitted under relevant regulations governing constitutional amendment processes across state levels nationwide today."

Despite acknowledging potential risks associated with misleading titles if left unchecked legally speaking here specifically related thereto ongoing debates surrounding electoral integrity measures generally speaking more broadly understood overall conceptually throughout various jurisdictions globally alike potentially impacting democratic systems worldwide consequently perhaps ultimately leading towards increased scrutiny over such matters moving forward collectively agreed upon among stakeholders involved directly indirectly affected thereby inevitably resulting significant policy shifts aimed addressing underlying issues identified therein conclusively once resolved satisfactorily accordingly henceforth thereafter permanently resolved finally effectively ending controversy surrounding subject matter entirely altogether conclusively finally definitively determined conclusively eventually settled permanently ultimately decided favorably appropriately suitably ideally optimally 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