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Group files lawsuit against Ohio special election in August

One Person One Vote says election 'illegal'
Ohio House session
Posted at 2:58 PM, May 12, 2023
and last updated 2023-06-12 18:14:45-04

COLUMBUS, Ohio — A lawsuit has been filed challenging the state's legally questionable August election meant to stop abortion from becoming legal. One Person One Vote, a nonpartisan coalition, announced it filed a lawsuit in the Ohio Supreme Court challenging the controversial election.

Dennis Willard, spokesperson for One Person One Vote, said, “Our complaint asks the Ohio Supreme Court to call this election what it is: illegal. Just five months ago, the General Assembly specifically prohibited all statewide special elections in August. Secretary (Frank) LaRose explained that August elections have 'embarrassingly low' turnout and are bad for taxpayers, election officials, voters, and the civic health of our state. To that end, the General Assembly revised Ohio law to allow elections only during November, March, or May and they’ve done nothing since that time to change the law. Constitutional amendments may be voted on in November, March or May – not August – and we’re confident the Court will agree."

News 5 spoke to legal experts Thursday with different political leanings. Each came to the same conclusion that opponents would have a strong legal case against the resolution.

RELATED: Upcoming August special election is illegal, law experts say

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“The question every voter should be asking themselves is – why August, when there was already an election scheduled for November? The answer is simple: because that’s what special interests wanted," Willard said. "Special interests spent millions lobbying for an August election, which will cost taxpayers $20 million, specifically because that’s when turnout is the lowest. This is an illegal special election for special interests. Period.”

State lawmakers in the House and Senate passed Senate Joint Resolution 2 on Wednesday evening to put a measure on a special election ballot in August to require a 60% supermajority of Ohio voters to amend the state’s constitution, a move some lawmakers hope will make it less likely that voters will make abortion legal in November.

RELATED: Ohio lawmakers pass resolution to ask voters to require 60% vote to amend constitution ahead of abortion vote

Lawmakers pass measure to set up vote to make it harder to amend OH constitution

National anti-abortion group Created Equal responded to the lawsuit, with organization president Mark Harrington saying: “It’s ironic that a campaign calling themselves ‘One Person One Vote’ is appealing to the courts to stop a duly passed resolution.  We believe in one voter one vote. Ohioans are going to get a chance to decide whether they want to protect the Ohio constitution from out-of-state money influence and mob rule.  We live in a representative republic, not a pure democracy. Ohio needs to follow the lead of dozens of other states and the federal government in making it difficult to amend our founding document.”

The GOP has insisted it has a strong legal case and will win against litigation.

News 5 reached out to LaRose and Attorney General Dave Yost to comment on the lawsuit.

"We don’t comment on litigation," LaRose's spokesperson Rob Nichols said.

“We are reviewing the lawsuit and will consult with our client regarding next steps,” Yost's spokesperson Hannah Hundley said.

Statehouse reporter Morgan Trau's past reporting on this issue:

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