On August 28, a federal lawsuit was filed against an Ohio law that lets election officials decide for themselves whether to put an initiative on the ballot. Ohio law lets election administrators reject initiatives, even if they have enough valid signatures, based on the officials’ belief that the proposed initiative would or would not be constitutional.
This particular lawsuit was filed on behalf of the proponents of a local initiative to reduce penalties for possession of marijuana. Schmitt v Husted, s.d., 2:18cv-966. The initiative was rejected by the Portage County Election Board even though it had enough valid signatures, because the Board did not feel the subject matter is proper for an initiative. A hearing will be held September 17, and the judge promised a decision quickly, in time for the election. Here is the Complaint.
How about a mere bill in a legislative body ???
Some HACK thinks the bill is unconstitutional — so the bill will NOT be printed ???
Also –
one more blatant violation of Separation of Powers —
the election HACKS having both executive and judicial powers.
See the definition of TYRANNY.
Unless it’s a direct violation of the US or state Constitution (for example, “there shall be no free speech”), how can the state be allowed to throw out an initiative due to content?
SCOTUS and the lower courts esp. have to deal with the many, many INDIRECT subversions of constitutions by the ever scheming minority rule gerrymander HACKS.
Separation of Powers is a super-BASIC part of constitutions in Western Civilization.
See Montesquieu, Spirit of the Laws (French original, 1748) — English versions on internet
just in time for 1775-1789.