Some months ago, it was reported here that the Ohio Secretary of State’s omnibus election law bill repeals the Ohio ban on out-of-state circulators. That bill, SB 47, unfortunately was amended before it passed, so that now all it does is repeal the out-of-state circulator ban for independent presidential petitions. The bill was signed March 22.
The Ohio ban on out-of-state circulators was struck down in Nader v Blackwell, 545 F.3d 459 (2008). Apparently the legislature believes that because Nader was an independent presidential candidate, therefore his court victory only applies to independent presidential petitions, and not other petitions. But there is nothing in the decision itself to bolster that belief. Judge Clay’s concurrence says, “Our decision that portions of sec. 3503.06 are unconstitutional as applied to Ralph Nader has the same practical effect as a declaration that the portions of 3503.06 which Nader challenges are facially unconstitutional.”
I thought that the out-of-state petition circulator ban in Ohio was thrown out for all types of petitions a few years ago. What is going on here?
It was thrown out, but the legislature thinks the state can get by with the minimal action taken earlier this year. New lawsuits will almost certainly win.
The legislators almost certainly know full well the ban will not hold up in court. They are hoping, however, that any challenge will not succeed until after the next General Election.
This happens frequently, and — aaarrrggghhhh! often works.
Jeff Daiell