Washington, DC – Restoring Integrity and Trust in Elections (RITE) has filed a brief with the U.S. Supreme Court supporting Ohio’s efforts to uphold its law requiring that voters receive fair and truthful summaries of proposed ballot initiatives that amend the state constitution. Ohio sought an emergency stay application with the Supreme Court to pause an order that required Ohio to publish a ballot summary submitted by proponents of an initiative to abolish qualified immunity for police officers. Ohio argues that the summary, which specifically purports to “protect Ohioans’ constitutional rights,” is misleading.
Ohio is appealing a district court ruling that held the state’s law requiring initiative summaries be “fair and truthful” violated the First Amendment. RITE’s brief explains that ruling was wrong, noting that the initiative process is a form of lawmaking—not private speech—and therefore not subject to the First Amendment’s free speech clause. RITE also challenges the lower court’s use of the Anderson-Burdick standard, which typically applies to laws regulating voting, not legislating.
“Liberal activists frequently use deceptive summaries and titles to try and trick the public about the true effect of ballot initiatives, including those that weaken election integrity,” said RITE spokesman Tim Murtaugh. “States have a strong interest in regulating legislation enacted through ballot initiatives. The Supreme Court should act to preserve Ohio’s commonsense protections and uphold public trust.”
###
