On March 5, 2008, the 6th circuit ruled that Ohio cannot constitutionally ban the practice of paying circulators on a per signature basis. Citizens for Tax Reform v Deters, 518 F 3d 375. Ohio wants to take this case to the U.S. Supreme Court. The state’s request to the U.S. Supreme Court would have been due on June 5, but the state has asked the Court for an extension of time to August 5. That extension has been granted.

The U.S. Supreme Court has twice ruled that the First Amendment protects the right to circulate a petition. In 1988 it ruled that states cannot ban paying circulators, and in 1999 it ruled that states cannot require circulators to be registered voters. In both cases, the issue concerned initiative petitions. The conservative justices on the U.S. Supreme Court, as well as the liberal justices, seem to be pro-initiative.