Feed aggregator

Adding Initiative and Referendum Issues on Ohio Ballots

Law Library - Thu, 2018-04-26 16:44

 Continuing from last Thursday’s post with information about ballot issues in Ohio, there are four methods to put an issue on the ballot: referendum, citizen-initiated constitutional amendment, legislatively-initiated constitutional amendment, and initiated statute.

A statewide referendum challenges a recently enacted law. The referendum process stops a law from becoming effective until the law itself can be submitted to voters to approve or reject at the next regular or general election. Petitioners must follow a detailed process, beginning with submitting an initial petition that includes the full text of the challenged law and signatures from 1,000 registered Ohio voters, to the Secretary of State and the Attorney General. After certification by both offices, petitioners must gather more signatures and file with the Secretary of State at least 125 days prior to an election to get the challenged law on that ballot. A few matters cannot be challenged by referendum including laws providing for tax levies, appropriations for current state government and state institution expenses, and emergency laws immediately necessary for preserving public peace, health, or safety.

Constitutional amendments may appear on statewide ballots in two ways. First, a citizen-initiated amendment  may be proposed when a citizen believes that a matter is not addressed adequately by the Ohio Constitution. An initial petition, with 1,000 registered voter signatures, must be submitted to the Attorney General for certification. Then, the Ohio Ballot Board must certify that the petition contains only one constitutional amendment. After certification by both offices and filing with the Secretary of State, petitioners must gather the required number of signatures and file with the Secretary of State at least 125 days prior to a general election to get the proposed amendment on the ballot. A proposed amendment only needs approval from a majority of voters, and then becomes effective 30 days after the election. Second, a constitutional amendment may be initiated by the General Assembly by passing a joint resolution by a three-fifths vote. The resolution must be filed with the Secretary of State at least 90 days prior to the election. The joint resolution will then appear as an issue on the general election ballot, where if approved by a majority of voters, it will become a constitutional amendment.

Finally, a citizen may initiate a statute if he or she believes that a matter is not adequately addressed by the Ohio Revised Code. Petitioners must file an initial petition, signed by 1,000 registered voters, with the Attorney General. After certification by the Attorney General, and certification from the Ballot Board that the petition contains only one proposed law, the petition is filed with the Secretary of State and petitioners must gather additional signatures.  The petition must then be filed with the Secretary of State at least 10 days prior to the beginning of a General Assembly session. The General Assembly has four months to act on the proposed law, and if it does not pass the law, passes an amended version, or takes no action at all, then petitioners may file supplemental petitions demanding that the proposed law appear on the ballot at the next general election. If the proposed law is approved by a majority of voters, it becomes effective 30 days after the election.

Putting issues on the ballot, and other matters of Ohio election law, are controlled by the Ohio Constitution Art. II and Art. XVI, and by the Ohio Revised Code Title 35.

Categories: General Law

Amended complaint naming plaintiff filed in Proskauer gender discrimination case

ABA Journal - Thu, 2018-04-26 15:35

Retaliation claims have been added in an amended complaint to a gender discrimination and Equal Pay Act suit filed against Proskauer Rose.

Although the suit…

Categories: General Law

Bill Cosby is found guilty of sexual assault in retrial with additional witnesses

ABA Journal - Thu, 2018-04-26 14:19

Bill Cosby has been found guilty of sexually assaulting a Temple University employee at his home in 2004.

Jurors in Norristown, Pennsylvania, found Cosby guilty…

Categories: General Law

Michael Cohen plans to invoke the Fifth Amendment in Stormy Daniels case

ABA Journal - Thu, 2018-04-26 11:27

President Donald Trump’s personal lawyer, Michael Cohen, has filed a declaration saying he will invoke his Fifth Amendment right against self-incrimination in Stormy Daniels’ lawsuit…

Categories: General Law

Police used DNA from discarded items to link suspect to Golden State Killer murders

ABA Journal - Thu, 2018-04-26 09:45
Corrected: Police announced Wednesday that they arrested the suspect for the Golden State Killer murders after linking him to the crimes through DNA on two…
Categories: General Law

Oops! Kobach lawyer files document with all-caps notation ‘Probably not worth arguing?’

ABA Journal - Thu, 2018-04-26 08:00

A lawyer representing Kansas Secretary of State Kris Kobach apparently had some doubts about making a standing argument in a suit challenging a state law…

Categories: General Law

Lawyer for two former NFL cheerleaders offers to settle bias claims for $1 each and Goodell meeting

ABA Journal - Wed, 2018-04-25 15:31

A lawyer representing two former cheerleaders for National Football League teams has offered to settle their bias complaints for $1 each and a “good faith”…

Categories: General Law

Study Rooms for Reading Week and Exams

Law Library - Wed, 2018-04-25 14:06

Reserve a Study Room Here.

Study Rooms are available in the law library for your use but as a reminder they are heavily used during exams—so make sure to familiarize yourself with how to reserve one for you or your group:

 

  • Only law students can reserve and use study rooms in the law library.
  • Reserve your room well in advance during reading and exam period. Check to see what’s available prior to booking.
  • Use your CSU law email to reserve the study room.
  • Confirm your booking in the email you receive.
  • Stop by the access services desk in the law library prior to going to your study room. Someone will walk with you to the study room to make sure it is unlocked for you, or else confirm that the room has already been opened.

Categories: General Law

Former New York prosecutor is convicted of bribing ex-cop over gun-license issues

ABA Journal - Wed, 2018-04-25 11:02

A former Brooklyn, New York, prosecutor has been convicted for bribing an ex-police sergeant in matters involving gun licenses for his clients.

Manhattan federal jurors…

Categories: General Law

Any prior police contact? New state rule deems that a presumptively invalid reason for juror strike

ABA Journal - Wed, 2018-04-25 09:00

Washington has become the first state to adopt a rule that expands the ban on race-based peremptory challenges during jury selection.

The new rule,…

Categories: General Law

Mystery donor gave $100K to law firm representing ex-husband of Missouri governor’s accuser

ABA Journal - Tue, 2018-04-24 13:53

Lawyers for embattled Missouri Gov. Eric Greitens revealed in court Monday that a law firm representing the ex-husband of the governor’s accuser received two mystery…

Categories: General Law

Monkey has no standing to assert copyright infringement in selfie case, 9th Circuit rules

ABA Journal - Tue, 2018-04-24 09:00
A federal appeals court has ruled that a monkey has no standing under the U.S. Copyright Act to assert copyright in selfie photos.

The…

Categories: General Law

Flashcards Available for Checkout

Law Library - Mon, 2018-04-23 17:53

Do you like to use flashcards to study?

Law in a Flash Flashcards are available for checkout at the circulation desk in the law library.  The flashcards circulate for three days.

Topics currently available for checkout are: Contracts, Civil Procedure, Criminal Law, Real Property, Torts, and Wills & Trusts. 

Categories: General Law

Former Fisher & Phillips partner is convicted of felony murder in wife’s death

ABA Journal - Mon, 2018-04-23 17:16

Former Fisher & Phillips partner Claud “Tex” McIver was found guilty of felony murder on Monday in the fatal shooting of his wife, Diane McIver,…

Categories: General Law

Secret of David Copperfield’s signature trick revealed in slip-and-fall suit by audience volunteer

ABA Journal - Mon, 2018-04-23 14:25

The secret of magician David Copperfield’s signature trick was partly revealed last week during the trial of a civil suit by an audience volunteer who…

Categories: General Law

Florida police try to use dead man’s finger to unlock his phone; was a warrant needed?

ABA Journal - Mon, 2018-04-23 12:46

Police in Largo, Florida, investigating the death of a man shot by one of the department’s officers visited a funeral home last month in an…

Categories: General Law

Justice of the peace pleads guilty to tampering in connection with faked petition signatures

ABA Journal - Mon, 2018-04-23 12:04

A Texas justice of the peace has pleaded guilty to a charge of tampering with government records after he was accused of faking voter signatures…

Categories: General Law

Please support empirical study of decision making in business insolvency

Credit Slips - Mon, 2018-04-23 11:20

Leiden University in the Netherlands has established an impressive strength in insolvency law studies. For example, following his retirement, the eminent Bob Wessels left his massive collection of literature on the subject to a foundation, which permanently lent the collection to the school as the Bob Wessels Insolvency Law Collection. Credit Slips readers can support the efforts of Leiden researchers without parting with their libraries by simply responding to a 15-minute online questionnaire. Niek Strohmaier is a Ph.D. candidate at Leiden conducting a study on judgement and decision making within the areas of business rescue and insolvency law. As he puts it, "We offer a novel perspective on these fields by utilizing the interdisciplinary nature of our research team and by adopting a social sciences approach with empirical research methods." If there's one thing that Credit Slips can rally around, it's empirical research! So I'm hoping we can show Niek our community spirit by responding to his survey at this link (http://leidenuniv.eu.qualtrics.com/jfe/form/SV_51GewBINfBAyfzv). The survey has received a good response from the professional membership of INSOL Europe, but I hope we can supercharge this qualitative data collection with responses from North America and elsewhere, as well. Thanks for your help!

Categories: Bankruptcy

Watch this Florida judge berate a woman in a wheelchair in court before she died days later

ABA Journal - Mon, 2018-04-23 10:46

A Florida judge has been banned from the bench in advance of her planned June 30 retirement after berating a woman struggling to breathe while…

Categories: General Law

7th Circuit blocks disability abortion ban; partial dissent labels the procedure a ‘super-right’

ABA Journal - Fri, 2018-04-20 16:34

A federal appeals court has upheld a permanent injunction blocking an Indiana law that banned abortions based on race, sex, ancestry, Down syndrome or other…

Categories: General Law

Pages