September
30 , 2006
EXECUTIVE SUMMARY
There have been several developments since our last update 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.
NOTE: While Issue 1 may remain on absentee and Nov. 7 ballots, the vote
on this issue will not be counted if the Secretary of State is successful
in appealing Judge Connor's decision.
Monday, Oct. 2
The amicus brief supporting the Secretary of State's appeal of Judge
Connor's decision is due. The Ohio Chamber is working with other statewide
business associations to file this brief.
Wed., Sept. 27
The 10th Appellate District Court of Appeals approves a motion
for stay pending appeal of Judge Connor's decision. This stay requires
the Sec. of State not to instruct the County Boards of Election to remove
Issue 1 from the ballot pending the outcome of this appeal. (see attached)
Tues., Sept. 26
The Secretary of State's office issues a letter
to the Committee for Petitioners stating that they were still deficient
in total number of signatures necessary for the SB 7 referendum to be
on November's ballot by 13,853 signatures. The proponents still have
signature protests pending in a handful of counties, but there are only
approx. 1200 signatures in question.
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.
For the history on this issue and details on specific provisions of
SB 7 being challenged CLICK
HERE. |
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