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.

On August 12, the Columbus, Ohio Dispatch ran this editorial about California’s law requiring presidential candidates to reveal their income tax returns. The editorial says if the law isn’t unconstitutional, it ought to be.

Texas Lawyer has this article about the ballot access lawsuit filed last month in Texas. The main point of the article is to note that one of the nation’s largest law firms, Shearman & Sterling, is helping with the case.