On January 14, 2016, proponents of an Ohio initiative sued Ohio Secretary of State Jon Husted over his actions involving the validity of the initiative. Ohio law says that if proponents of an initiative submit a petition signed by 3% of the last gubernatorial vote, the idea for the initiative must be sent to the legislature. The legislature has four months to either enact some version of the idea, or reject it entirely. Then, if the proponents are unhappy with the legislature’s action, they must submit another 3% petition. Then, the issue is put on the ballot.

Proponents of an initiative to lower certain drug costs submitted 171,205 signatures on December 22, 2015. They needed 91,677 valid signatures. The petition was sent to the counties, and they reported that 119,031 signatures were valid.

Then, the Secretary of State asked the counties to check again. The proponents of the lawsuit say that the Secretary of State only asked the counties to re-check the petition after attorneys for drug companies asked him. Proponents of the initiative say nothing in Ohio law permits the Secretary of State to ask the counties to re-do their work, after they have done it the first time. The proponents also point out that the re-checking process will delay the legislative timeline, making it impossible for them to get their initiative on the ballot in time for the November 2016 election. The case is Jones v Husted, s.d., 2:16cv-38. It is assigned to U.S. District Court Judge Michael Watson.