Ohio Supreme Court Rules Attorney General Erred in Rejecting Voting Amendment Title

The Ohio Supreme Court dealt a significant blow to Republican Attorney General Dave Yost on Wednesday, ruling that he overstepped his authority by rejecting a voting-related amendment’s ballot petition solely based on his objections to the title.

In a unanimous decision, the court supported a coalition of civil rights organizations advocating for the “Ohio Voters Bill of Rights” and ordered Yost to revisit his January decision within ten days. However, the justices refrained from directing Yost to advance the constitutional amendment directly to the state Ballot Board, as the plaintiffs had requested. Instead, they instructed him to fulfill his duty and review the coalition’s summary for fairness and accuracy.

The coalition, which includes the NAACP’s Ohio chapter, A. Philip Randolph Institute, and Ohio Organizing Collaborative, aimed to place the measure on this year’s ballot. This proposed package of election law changes was a response to Ohio’s implementation of tougher photo ID requirements, shortened deadlines for returning and curing ballots after Election Day, and other voting alterations introduced last year.

The groups filed a lawsuit following Yost’s second rejection of their certification petition, which he labeled as “highly misleading and misrepresentative” of the measure’s contents. Yost’s decision was particularly contentious because he had previously certified identical language for a Nursing Facility Patients’ Bill of Rights in 2021 and another Ohio Voters Bill of Rights in 2014.

In his rejection letter, Yost argued that “recent authority from the Ohio Supreme Court” allowed him to review petition headings in addition to the content summaries as he traditionally has. He referenced the court’s decision in a legal dispute last year concerning the title on petitions for a local drag ban.

However, the Supreme Court ruled that he does not have the authority to impose such a review under Ohio law, effectively reinstating the coalition’s push for the amendment and requiring Yost to reevaluate his previous decision.

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