Superior Court Acquits Ohio’s August Elections, Claiming Lawmakers Have the Right to Violate Laws They Passed – WOWO 92.3 FM | 1190AM
Columbus, Ohio (AP) — August Special Election to Decide Citizens Access to Future Ohio Constitution — and potentially the fate of the Abortion Rights Amendment — may go ahead as planned despite state legislative opposition pass the law Most elections were abolished last August, but the Ohio Supreme Court ruled on Friday.
In a four-to-three ruling, the High Court ruled that Congress’ constitutional right to determine the date of the election takes precedence over any law that Congress may pass to limit the election.
The exercise of the General Assembly’s constitutional powers would “revoke election laws prohibiting special elections,” Chief Justice Sharon Kennedy wrote in the majority opinion, and Republican Secretary of State Frank LaRose voted Aug. 8. allowed to proceed. Her opinion was echoed by three other Republican lawmakers and dissented by three Democratic judges.
The ruling was a blow to the “one person, one vote” movement against No. 1, a proposal to raise the threshold for passing future constitutional amendments to a 60% supermajority from a simple majority since 1912. . The group made the mistake of failing to pass a new bill that reauthorized the August special election by the Republican-controlled Congress, and instead incorporated the August election day into a joint resolution to pass the ballot measure to voters. He claimed that he had sent it directly to , and demanded that the election be blocked.
If approved, a higher threshold may prevent approval. Constitutional amendment in November Enshrining access to abortion in the Ohio Constitution. Similar bills in other regions passed with less than 60% of the vote.
Justice Michael P. Donnelly sided with the plaintiffs in a dissenting opinion, writing that lawmakers could make “any number of changes” to Ohio’s election law to legalize the elections scheduled for August. .
“But rather than change the law, the General Assembly and defendant Secretary of State Frank LaRose want to be told that the Ohio Constitution allows the General Assembly to break its own laws,” he wrote. rice field. “They want this court to straighten out the mess and do the work for them, rather than doing the work themselves. ing.”
Republican legislative leaders appeared to initially agree that legislation needed to hold elections in August, before changing their tone. Related bills to do just that have been introduced in both the Ohio Senate and the Ohio House of Representatives. Both hit an obstacle.
The House bill has completely stalled. The Senate passed that version and sent it to the House, but it met with so much opposition that the committee’s vote had to be stopped twice.
Majority Republicans voted to overturn legislation they supported just months earlier, citing August’s special elections as tough and costly for local election commissions and consistently low voter turnout. was reluctant to do so. Larose himself opposed such an election, saying it would be detrimental to democracy. Others refused to support the August date until 60% of the measures were decided with certainty. controversial debate — had support to pass.
Democrat Donnelly said that even though the Ohio Constitution does not require Congress to provide such special election rules, “the fact is, we have. Now we have to follow them.” .”
Judge Pat Fisher (Republican) concurred with the majority opinion only in judgment. He didn’t elaborate.
Another Democrat, Justice Jennifer Brunner, wrote a separate dissenting opinion “to make clear to members of the majority and the public the long-term consequences of today’s court ruling.”
He said many constitutional rights, including freedom of speech and assembly and the right to bear arms, are subject to restrictions set out in laws passed by the General Assembly. However, they are presumed constitutional when enacted and are not repealed unless they are found to impose an unacceptable burden on constitutional rights. ”
In making such a ruling, Mr. Brunner said the High Court told Congress that the judge should vacate “an election which, under the laws of this state, cannot exist or proceed,” and that “especially the law.” “It’s not allowed in the United States,” he said, allowing the August date to be set. ”
https://www.wowo.com/high-court-clears-august-election-in-ohio-says-lawmakers-within-rights-to-violate-law-they-passed/ Superior Court Acquits Ohio’s August Elections, Claiming Lawmakers Have the Right to Violate Laws They Passed – WOWO 92.3 FM | 1190AM
