For the second time in a month, a group that sued Republican Attorney General Dave Yost for rejecting their proposed amendment based on the title alone has won a second look at their proposal.
A group seeking to end qualified immunity for government employees including police officers will get a review of their proposal from Yost, after the high court ruled that Yost in an earlier case that the attorney general does not have the power to reject an amendment based on the title alone. He has 10 days to make a decision.
Earlier this month, a group attempting to repeal some voting laws – such as required voter photo ID and limits on ballot drop boxes – got a similar review from Yost. He approved the Ohio Organizing Collaborative’s proposal on Nov. 8.
Yost rejected the Ohio Organizing Collaborative’s first try at a summary of their amendment in December, listing several concerns and saying the title "Secure and Fair Elections" must be changed. The group made the changes Yost suggested and renamed it the "Ohio Voters Bill of Rights". In January, Yost rejected the second submission based on the title, saying he found it misleading.
Deidra Reese with the Ohio Organizing Collaborative said the group felt Yost didn’t have the power to review the title, so they sued.
“We thought we were in the right, which is why we filed the suit," Reese said. "So it certainly is nice to be vindicated on that. And we know that has implications for other ballot amendments.”
Yost said in his certification of the summary he still thinks the title is inaccurate and that the court didn’t say it wasn’t.
“The fact that the recent decision of the Supreme Court of Ohio concludes the relevant statute does not grant me authority to review the title does not change my determination that it is misleading,” Yost wrote in his letter. “The Court did not reach a decision on the merits of that determination. I stand by it. I urge you to consider a more accurate and less misleading title.”
The Ohio Ballot Board will meet Monday to review the language before the group can gather signatures on petitions for the Ohio Voters Bill of Rights. The group is unsure when it might take the amendment to voters.
The Ohio Coalition to End Qualified Immunity had submitted petitions seven times, and sued when Yost rejected their proposal in March. In his letter Yost said the title “does not fairly and accurately reflect the nature and scope of the amendment”. The group resubmitted its proposal with no title in July, and it was rejected.
