FOR IMMEDIATE RELEASE
COLUMBUS – Ohio Secretary of State Jon Husted today filed a reply in support of his motion to dismiss Case No. 2:16-cv-00038, Tracy L. Jones vs. Husted.
“In simple terms, I have a responsibility to act on behalf of the people of Ohio to make sure the law is followed and that is exactly what I am doing,” Secretary Husted said. “Stop this nonsense litigation that wastes time and tax dollars.”
Below are excerpts from the filing, as well as links to the full filing and other helpful resources:
Secretary Husted’s Response, Pages 3 & 4:
“Plaintiffs have not pointed to any provision in the Ohio Constitution or in any Ohio statute that prohibited the additional review by the boards of election. In fact, Ohio’s laws say just the opposite. The Secretary’s duty is to ‘receive all initiative and referendum petitions on state questions and issues and determine and certify to the sufficiency of those petitions,’ Ohio Revised Code 3501.05(K).
“He is able to send a petition to the General Assembly only ‘when . . . there shall have been filed with the secretary of state a petition signed by three per centum of the electors and verified as herein provided. . . .’ Ohio Constitution art. II, § 1(b).
“In other words, the Secretary is more than a delivery person, as Plaintiffs portray. Before certifying a proposed initiative to the General Assembly, the Secretary needs to verify whether the petitions include the mandatory number of signatures.”
Secretary Husted’s Response, Page 5:
“The dispute here is whether the Ohio Constitution and Ohio statutes permitted the second review of Plaintiffs’ petitions. Plaintiffs say no. The Secretary says yes. The Secretary is right, but the important point for abstention purposes is that the issue centers on Ohio law, not something else...”
- The Secretary of State’s Reply in Support of the Motion to Dismiss
- 1/4/2016 Press Release: Secretary Husted Instructs Boards of Elections to Conduct Second Review of Drug Price Relief Act Petitions
- 2/4/2016 Press Release: Secretary Husted Transmits Drug Price Relief Act Initiated Statute to General Assembly
For more information, please contact Joshua Eck at (614) 466-2729