BAN:

On May 29, the Sixth Circuit issued an opinion in Brown v Yost, 24-3354, that is protective of the ability of people to use the initiative process in Ohio.  The Ohio law does not permit a statewide initiative to circulate until the proponents collect 1,000 signatures and submit their proposed initiative and a summary to the Attorney General.  If the Attorney General agrees that the summary is fair, he or she then send it on the Ohio Ballot Board, which then sends it on to the Secretary of State.  Only then can the group start to collect the signatures.  This year 413,000 signatures are needed, and the due date is July 3.

The group that filed the lawsuit has been trying to get started since last year, but the Attorney General has rejected their proposed summary six times.  The Sixth Circuit ordered the Attorney General to send the paperwork to the Ohio Ballot Board, a process that should be quick and should let the group finally start to get its signatures.  The measure would abolish qualified immunity for police officers.  The decision was 2-1.  Here is the Opinion.  It is by Judge Karen Nelson Moore, a Clinton appointee, and is also signed by Judge Andre Mathis, a Biden appointee.  The dissent is by Judge John K. Bush, a Trump appointee.