October
11 , 2006
EXECUTIVE SUMMARY
Today, the 10th District Court of Appeals ruled in our favor by overturning
the lower court's decision by Judge Connor. The Court concluded that
the Secretary of State was justified in issuing the August 25, 2006
letter that notified proponents of the total number of deficient signatures.
This letter also triggered the 10-day cure period for proponents to
submit supplemental signatures. The Court also found that Judge Connor
abused his discretion in issuing the preliminary injunction and reversed
his ruling. CLICK
HERE for a copy of this decision
BOTTOM LINE: the ten day period to submit additional signatures
is over, there is a deficiency in the number of signatures needed for
Issue 1 to be on November's ballot, and the Secretary of State can now
instruct the local Boards of Election to take this issue off of the
ballot. While this is very good news for us, this decision does not
ensure the death of Issue 1. The UAW still has the ability to appeal
this decision to the Ohio Supreme Court. We will know within the next
week or so whether the UAW will execute this appeal option. For now,
we at least have a very solid decision in our favor from the 10th District
Court of Appeals.
Wednesday, Oct. 11
The 10th District Court of Appeals (case No. 06AP-963) unanimously reversed
Judge Connor's lower court decision in our favor. The Court concluded
that the Secretary of State was justified in issuing the August 25,
2006 letter that notified proponents of the total number of deficient
signatures. This letter also triggered the 10-day cure period for proponents
to submit supplemental signatures. The Court also found that Judge Connor
abused his discretion in issuing the preliminary injunction and reversed
his ruling - lifting the stay of execution
Thurs., Oct. 5
Oral arguments are presented to the 10th District Court of Appeals panel
consisting of Judge Sadler, Judge Brown and Judge French.
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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