September
20 , 2006
EXECUTIVE SUMMARY
There have been several developments over the past two weeks regarding
the workers' compensation referendum. I have provided a short timeline
(beginning with the most recent event) below to keep you all up to speed
on the status of this potential ballot issue. This referendum will be
"Issue 1" if the proponents are successful in placing it on
November's ballot.
The bottom line: Proponents of the referendum are continuing to use
procedural and legal challenges to prolong the time they are given to
collect additional signatures and ultimately the life of this initiative.
The Ohio Chamber of Commerce is doing everything possible to keep this
issue off of the November ballot and allow all of the provisions being
challenged in SB 7 to become effective. Ohio employers will not benefit
from these provisions until this referendum is defeated.
What is the Ohio Chamber doing to keep the referendum off of the November
ballot?
The Ohio Chamber of Commerce, along with other statewide business groups,
is continuing our fight to keep the referendum off of the November ballot
on three fronts. They are:
(1) We are seeking to dismiss or resolve the proponent's protests of
signatures at the local level as quickly as possible,
(2) We have filed a protest with the Secretary of State arguing that
the additional signatures were not filed timely and should not be used
to cure the proponent's signature deficiency, and
(3) We are providing amicus support to the Secretary of State's appeal
of Judge Connor's unfavorable decision.
This Week
The Secretary of State's office requested that all local boards of election
complete their review of the additional signatures submitted by the
proponents by this Friday, Sept. 22. Therefore, by the end of this week
we will have a better idea whether the proponents have submitted enough
additional "valid" signatures to overcome the 73,000 (approx.)
signature and 24 county deficiencies.
Over the past month, the proponents have been filing an insignificant
number of protests with local boards of election. The purpose of these
filings can be attributed to nothing more than an attempt to delay the
final certification of the referendum, thus further delaying the effective
date of those portions of SB 7 that are subject to the referendum. Therefore,
we hope to see quick resolution to these protests.
Monday, Sept. 18
Judge Connor of the Franklin County Court of Common Pleas issued a ruling
granting a preliminary injunction to the proponents. The Court ruled
that the Secretary of State should not start the 10-day cure period
until all protests of signatures at the local county board of elections
level are complete. The proponents were initially unsuccessful in obtaining
a temporary restraining order from Judge Connor. The Secretary of State's
office is planning to file an appeal this week and will seek a stay
of Judge Connor's decision.
Friday, Sept.15
The UAW and small group of claimant attorneys supporting the referendum
file an additional 103,000 (approx.) signatures with the Secretary of
State. The proponents should fall woefully short on valid signatures
if the validity of this batch of signatures tracts recent ballot initiatives.
Nearly 50 percent of all signatures submitted have been deemed invalid
by the local boards of election.
Tuesday, Aug. 29
The proponents acknowledge receipt of the deficiency letter from the
Secretary of State's office and file a Motion for Temporary Restraining
Order and Preliminary Injunction with the Franklin County Court of Common
Pleas.
Friday, Aug. 25
The Secretary of State's office sends the letter to proponents stating
that they are 73,000 (approx.) signatures and 24 counties deficient
in order for the referendum to be on November's ballot. Generally, the
proponents would have 10 days from the date of receiving this certified
letter to submit additional signatures to overcome this deficiency. |
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