Late on Friday, September 9, an Ohio State Court of Appeals refused to remove 4 initiatives from the November 2005 ballot, even though they were placed on the ballot using out-of-state circulators. State ex rel Finan v Blackwell, 05-apd-08-854. The 4 initiatives all relate to election law. One lets anyone vote early; one imposes campaign finance restrictions; one provides for a state board of elections; and one sets up procedures for a nonpartisan body to draw congressional and legislative district boundaries.

The Court did not actually settle the question of whether out-of-state circulators are permitted in Ohio. Instead, the court found procedural flaws in the lawsuit that had been filed to remove the initiatives. Still pending in the US Court of Appeals is Ralph Nader’s challenge to the same restriction. Nader was removed from the Ohio ballot last year because some of his circulators were thought not to live in Ohio.

On September 7, the Illinois Attorney General ruled that home rule municipalities may use Instant-Runoff Voting, if the voters in that city or town approve the idea with a referendum. No change in the state election code is needed.

On September 7, the New York Supreme Court, Appellate Division, ruled 5-0 that the U.S. Constitution protects the right of non-residents of a city, to circulate an initiative petition for that city. Bray v Marsolino.

A similar hearing in Ohio State Court of Appeals is being held on September 8, on whether out-of-state residents may circulate an initiative petition in Ohio.