House Minority Leader Allison Russo said the resolution was at best “legally questionable”
MAY 10: Linda Wagner of Galena holds up a sign during a protest against the SJR 2 before the Ohio House session, May 10, 2023, at the Statehouse in Columbus, Ohio.
Lawmakers tried to change the law around August elections, the complaint reads, “but all those efforts failed, leaving no legal basis for submission of the Amendment to the voters in an August election.” Steven Steinglass, dean emeritus of the Cleveland State law school and a leading authority on the state constitution,. Under his reading, lawmakers can go forward only if the Supreme Court found any conflicting statutes unconstitutional.
“The General Assembly has prescribed a comprehensive statutory scheme governing when elections may be held, including elections on constitutional amendments it proposes,” the complaint argues. The argument goes on to note lawmakers have amended the relevant chapter of the Ohio Revised Code “several times since Foreman was decided.”
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