Youngstown Anti-Fracking Charter Amendment Must Be on Ballot, Ohio Supreme Court Says

The Ohio Supreme Court held that a “Community Bill of Rights” charter amendment, which would ban fracking in Youngstown, must go on the ballot.  See Alliance Review, Court orders anti-fracking issue back on ballot in Youngstown  The Mahoning County Board of Elections had refused to put it on the ballot, stating that it was contrary

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City Charter Can Not Require More Signatures for Ballot Issue Than Ohio Constitution

State ex rel. Wilen v. Kent, Slip Opinion No. 2015-Ohio-3763. A city charter can not require a higher number of signatures in order to get a proposed charter amendment on the ballot than what is required by the Ohio Constitution Article XVIII, Section 9.  Docket. See Cleveland.com  Ohio Supreme Court rules Kent officials unconstitutionally blocked

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OCMC Committee Discusses One Subject Rule, Congressional Redistricting

The Legislative and Executive Branch Committee of the Ohio Constitutional Modernization Commission discussed the one subject rule contained in the Ohio Constitution, as well as amending the Ohio Constitutional to reform Congressional Redistricting.  See OCMC Press Release.   View meeting materials, including expert reports, here.

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Ohio Constitutional Modernization Commission Committee Creates New Language for Voting by Mentally Incapacitated

The Ohio Constitutional Modernization Commission’s Bill of Rights and Voting Committee discussed constitutional provisions on the capacity to vote at their September 10, 2015 meeting.  The committee recommended that Article V, Section 6 be repealed, and that a new section be adopted.   Currently, Article V, Section 6 of the Ohio Constitution reads, “no idiot or

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County Charters Restricting Oil and Gas Operations will not be on the Ballot

State ex rel. Walker v. Husted, Slip Opinion No. 2015-Ohio-3749.  In determining whether a petition to adopt a county charter can be placed on the ballot, the Secretary of State may not deny the petition because it believes provisions of the charters would violate the Ohio Constitution by unconstitutionally interfering with the state’s exclusive authority

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Marijuana Monopoly Could Violate Commerce Clause if Enforced vs. Out-of-State Growers

ResponsibleOhio’s marijuana legalization amendment may run afoul of the Commerce Clause if the marijuana monopoly is enforced to prohibit out-of-state growers from selling marijuana in Ohio.  This may be true even the federal government does not legalize marijuana. See Crain’s Cleveland Business.  Monopoly on Ohio marijuana market could be cloudy issue

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Beck Energy Challenges Munroe Falls Zoning Ordinances Which Prohibit Drilling

Beck Energy filed a mandamus action in the Ohio Supreme Court, seeking to vacate a stop work order issued by Munroe Falls to halt work on the Sunoco well.   Beck Energy seeks a declaration that: “The Home Rule Amendment to the Ohio Constitution, Article XVIII,Section 3, does not allow Munroe Falls to enact a zoning

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