Friday, September 09, 2005


[Updated] RON Victory! - Court rules against challengers

The details are few, but the Gongwer Report (no link - subscription required) has just released the following:
The 10th Ohio District Court of Appeals on Friday dismissed a Republican-backed lawsuit to block four election-related constitutional amendments from the fall ballot, Carlo LoParo, spokesman for Secretary of State Ken Blackwell, said.

Opponent group Ohio First had argued that Mr. Blackwell had illegally assumed quasi-judicial powers in a directive to election boards that allowed non-residents to circulate petitions.
We hope to know more about the court's legal decision and whether they took our advice (didn't sound like it from early reports) in a few hours.

Yes, an appeal is possible to the Supreme Court, but it's chances there would be even worse than what they were in the District Court.

[Update at 12:50 pm] The AP has confirmed the courts decision and has added this new information.
The three-judge panel of the Ohio 10th District Court of Appeals said the state's chief election officer, Secretary of State Kenneth Blackwell, acted within his jurisdiction when he said out-of-state petition circulators were allowed under state law.
It should be noted that it's only about 9 weeks to the election and the Reform Ohio Now campaign needs volunteers and donations. These initiatives have the potential of opening enormous political possibilities and bringing real change to our corruption-riddled state. The blogosphere will play a key role - perhaps the decisive role - in getting these passed Nov. 8. Please go to the campaign website and help in any way you can.

[Updated at 3:30 pm] We have now read the courts opinion. The only one with more mud on their face that us is Jim Petro. The court dismissed our constitutional arguments (how dare they?!) with a wave of their jurisdictional wand. Translation: The District Court of Appeal is happy to handle this case, thank you very much.

Then the three judges unanimously flicked away the AG's reasonings for requests for writs of prohibition and manadamus. Case dismissed, Mr. Petro - please pay the court's bill as you leave.


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