On August 13, the proponents of a local initiative in Ohio asked for a rehearing en banc in Schmitt v LaRose, 19-3196. This is the case the challenged the ability of local election board members to decide that an initiative should be kept off the ballot, even if it has enough valid signatures, because the board members think the initiative would not be constitutional or valid. Here is the Petition. The Sixth Circuit original decision in this case had virtually said the First Amendment doesn’t apply to the initiative process, a conclusion that is soundly rebutted in the brief.