{"id":28130,"date":"2023-03-20T20:21:39","date_gmt":"2023-03-20T20:21:39","guid":{"rendered":"https:\/\/cincinnatirighttolife.org\/?p=28130"},"modified":"2024-03-01T18:30:20","modified_gmt":"2024-03-01T18:30:20","slug":"verified-complaint-for-writ-of-mandamus-filed-today-in-ohio-supreme-court","status":"publish","type":"post","link":"https:\/\/cincinnatirighttolife.org\/verified-complaint-for-writ-of-mandamus-filed-today-in-ohio-supreme-court\/","title":{"rendered":"Verified Complaint For WRIT OF MANDAMUS Filed Today in Ohio Supreme Court<\/strong>"},"content":{"rendered":"
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March 20, 2023<\/strong><\/p>\n\n\n\n

BREAKING:\u00a0<\/strong>Today a lawsuit was filed<\/strong><\/a><\/mark> at the Ohio Supreme Court against the Abortion Ballot Initiative that was approved by Attorney General Dave Yost, Secretary of State Frank LaRose, and the Ohio Ballot Board.<\/p>\n\n\n\n

This type of lawsuit is called a \u201cMandamus\u201d. A Mandamus action is a lawsuit that is brought against the Government, not for money, but to make the Government do something that it is required, by law, to do.<\/p>\n\n\n\n

\ufeffHere is a brief summary of what this means and why this legal action is necessary:<\/strong><\/p>\n\n\n\n

Ohio has specific guidelines and laws that govern the process when a citizens\u2019 group decides they want to place an initiative on the ballot. According to Ohio Revised Code 3519.01 (A) Only one proposal<\/strong> of law or constitutional amendment to be proposed by initiative petition shall be contained in an initiative petition <\/strong>to enable the voters to vote on that proposal separately. A petition shall include the text of any existing statute or constitutional provision that would be amended or repealed if the proposed law or constitutional amendment is adopted.<\/p>\n\n\n\n

The wording is first presented to the Attorney General through a preliminary initiative petition containing 1,000 signatures in support of the proposed constitutional amendment and a summary of its provision. At this stage the Attorney General simply determines whether the summary is a \u201cfair and truthful statement\u201d of the proposal.  On March 2, 2023, Attorney General Yost made this certification. The next step in the process was consideration of the proposal by the Ohio Ballot Board.<\/p>\n\n\n\n

On March 13, 2023, a hearing was held by the Ohio Ballot Board in Columbus, Ohio. The legal duty of the Secretary of State and Ohio Ballot Board was to determine whether the proposed amendment contained only one proposed amendment. Unfortunately, there was no discussion or debate whatsoever at this meeting about whether or not the proposed amendment under Ohio law contained more than one amendment.   <\/strong><\/p>\n\n\n\n

Therefore, today\u2019s filing asks the Ohio Supreme Court to review the decision the Ohio Ballot Board issued and contends that the Ohio Ballot Board abused their discretion and disregarded the law in its failure to recognized that that there is more than one proposed amendment contained within \u201cThe Right to Reproductive Freedom with Protections for Health and Safety\u201d. <\/p>\n\n\n\n

Today\u2019s filing relies upon case law from Roe v Wade<\/em> and Planned Parenthood v Casey<\/em> which even recognized that abortion is \u201cinherently different\u201d and a \u201cunique act\u201d and, thus, the proposed ballot initiative does, in fact, contain more than one proposed amendment. The filling asks the Ohio Supreme Court to compel the Ohio Ballot Board to:<\/p>\n\n\n\n