Ohio: SB47’s Provisions Struck Down.
On November 13, an injunction was issued in Ohio’s Southern District Court for the case of Citizens in Charge, Inc. et al. v. Husted, which challenges Ohio’s residency requirement laws. This decision enjoins the state from enforcing the provisions of Senate Bill 47, which places restrictions on petition circulators in violation of their Constitutional 1st Amendment rights.
The decision, made by Judge Watson of the Columbus division of the Southern District of Ohio, indicated that the law violated political speech protected by the First Amendment.
Judge Watson’s 27-page decision went on to say, “…laws prohibiting nonresidents from acting as petition circulators significantly burden political speech because they substantially reduce the number of petition circulators and are therefore subject to strict scrutiny.”
Maurice Thompson, Executive Director for the 1851 Center for Constitutional Law, said of the decision, “We’re grateful for the Court’s thorough ruling. This Act is a set of back-door tactics to effectively eliminate initiative and referendum in Ohio, by eliminating many of those who do the actual work of gathering signatures on important issues.”
Read the Judge’s decision here:
http://www.ohioconstitution.org/wp-content/uploads/2013/11/Citizens-Order-Prelim-Inj.pdf
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