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INDEX
Legal Updates, Case Decisions and Current Developments
Statewide Election and Petition Issues
Ohio Attorney General Offers
Opinion Permitting Certain Felons to Circulate Election Petitions
The Ohio Attorney General recently issued a legal opinion permitting certain convicted felons to circulate election petitions and gather signatures for issues seeking placement on the statewide ballot. The opinion provides that a state law, enacted May 2, 2006, is not retroactive and does not prohibit individuals convicted of a felon prior to May 2, 2006 from circulating petitions and gathering signatures on election petitions.
Ohio's new state law, Revised Code 2967.16, restores the privilege of convicted felons (one convicted on or after May 2, 2006) to circulate petitions provided the felon completes the full prison sentence, is released from post-release control sanctions, and/or released from supervision of the Ohio Adult Parole Authority.
Attorney General Opinion 2010-002 was requested by the Ohio Secretary of State during review of statewide Referendum Petitions challenging the inclusion of Video Lottery Terminals in the recent state operating budget - Am. Sub. H.B. 1. Opponents of the state law provision allowing VLTs at Ohio's horseracing tracks recently filed nearly 240,000 signatures seeking to place the Referendum on the November 2010 statewide ballot.
Do Privacy Rights Extend to Ballot Issue Petition Signers? Supreme Court to Decide
January 2010
Bricker & Eckler bulletin on an appeal before the U.S. Supreme Court balancing rights of privacy against the right to obtain referendum petition signers’ names and addresses under a state public records act.
Below is information on the ballot issues
proposed for the Ohio statewide November 2010 ballot.
Ohio Estate Tax Elimination Act
Initiated Legislation
Certified by the Ohio Attorney General - September 11, 2009
The Ohio Estate Tax Elimination Act is an effort - by initiated legislation - to repeal Ohio's current estate tax system under Ohio Revised Code 5731. Through revisions to this section of the Revised Code, taxes imposed on the estate of Ohio decedents would be repealed in their entirety beginning December 31, 2012. The proposed statutory initiative was certified by the Ohio Attorney General on September 11, 2009.
120,683 valid signatures are required for placement on the November 2010 statewide ballot.
Full text and summary of the proposed Ohio Estate Tax Elimination Act
Submitted September 2, 2009
Certification by the Ohio Attorney General
Certified September 11, 2009
Race Track Video Lottery Terminals
Referendum
Certified by the Ohio Attorney General - October 5, 2009
The Ohio General Assembly and Governor included provisions to permit video lottery terminals (VLTs) at Ohio's
horseracing facilities as part of Am. Sub. H.B. 1 - Ohio's biennial operating budget, which was approved July 17, 2009.
The VLT provisions became subject of statewide referendum filed September 21, 2009, and certified by the Ohio Attorney General on October 5, 2009.
Proponents of the Referendum filed more than 325,000 signatures with the Ohio Secretary of State on December 20, 2009. Once the sufficiency of signatures
are verified by Ohio county boards of elections (241,366 valid signatures are required under Ohio law), the referendum would be place on the
November 2010 statewide ballot. The Referendum efforts and signature review have been and continue to be the subject of litigation in Ohio, including cases before the Ohio Supreme Court.
These efforts may impact the VLT Referendum's placement on the 2010 statewide ballot. Additional information on these activities is forthcoming.
Full text and summary of the proposed race track video lottery terminal referendum
Submitted September 10, 2009
Certification by the Ohio Attorney General
Certified October 5, 2009
Ohio Dog Auctions Act
Initiated Legislation
Certified by the Ohio Attorney General - October 2, 2009
On October 2, 2009, the Ohio Attorney General certified the Ohio Dog Auctions Act. This initiated legislation would enact Ohio Revised Code 955.54, which would prohibit the auction or raffle of dogs in Ohio for any purpose or bring into Ohio any dog acquired in another state by means of auction or raffle. The new statutory scheme would permit civil action to be filed by any person in Ohio and would authorize the Ohio Attorney General to conduct investigations and bring criminal proceedings against anyone found to be in violation of the new statute.
Proponents of the initiated statute, by virtue of the Attorney General's certification on October 2, 2009, may begin collecting the 120,683 valid signatures for placement of the issue on the November 2010 statewide ballot.
Full text and summary of the proposed Ohio Dog Auction Act legislative initiative
Submitted September 23, 2009
Certification by the Ohio Attorney General
Certified October 2, 2009
Please contact the Government Relations Group for information on
ballot issues or ballot issue campaigns in general.
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