The Independent View: Federal Judge Orders OH to Allow State Issue Campaigns to Collect Electronic Petition Signatures

A Federal Judge, in Cincinnati, has Ordered Ohio Officials to Allow State Issue Campaigns to Collect Signatures needed to make the Ballot Electronically, granting a Request from Backers of Two Campaigns Targeting the November Election.

- Ohioans for Raising the Wage - wants to Raise Ohio’s Minimum Wage to $13 an hour. The Minimum-Wage Campaign, backed by a Coalition of Organized-Labor Groups, seeks to Amend the State Constitution to Raise Ohio’s Minimum Wage, currently $8.70 per hour for Non-Tipped Employees, to $9.60 per hour Starting in 2021. The Minimum Wage would then continue Rising incrementally each year after that until it hits $13 an hour in 2025. After that, the Minimum Wage would Increase based on Inflation.

- Ohioans for Secure and Fair Elections - Backers of an effort to Expand Ohio’s Voting Access Laws, had laid out a Plan for gathering Electronic Signatures. Ohioans for Secure and Fair Elections’ proposed Constitutional Amendment would Automatically Register Ohioans to Vote when they visit the BMV, and would Allow People to Register to Vote and Cast a Ballot on the Same Day during Ohio’s Early-Voting Period. It also would Require a Post-Election Audit, among other Changes.

The Campaigns proposed using the Company DocuSign, which commonly is used to Collect Electronic Signatures for Mortgages and other financial Documents, and Collecting the Last Four Digits of each Voters’ Social Security Number for Verification.

In a Tuesday Order, U.S. District Judge, Edmund A. Sargus, said the Groups’ Plan, in addition to Ohio Laws, that make it a Felony to Falsely Sign a Petition, ensures Integrity for the Signature-gathering Process, given that the Coronavirus Pandemic has made it practically Impossible to Collect Pen-on-Paper Signatures.

State Officials had Argued allowing Electronic Signatures would lead to Increased Risk of Fraud.

Sargus also Extended a July Deadline by which the Ohio Constitution Requires the Campaigns to Submit Valid Signatures from 452,958 Voters. The Campaigns now have until July 31st. However, he Rejected a Request from the Issue Campaigns to Reduce the Number of Signatures Required, or to Eliminate or Change the Requirement that the Signatures be Gathered from 44 of Ohio’s 88 Counties.

The Order also Applies to Backers of Local Ballot-Issue Campaigns seeking to Decriminalize Marijuana Possession on the Local Level, including Cadiz and Adena, Two Villages in Eastern Ohio.

However, it was Not immediately Clear how the Ruling may affect other Proposed State-Issue Campaigns, including One that would Change Term Limits for State Lawmakers.

In a Statement, Maggie Sheehan, a Spokeswoman for Secretary of State, Frank LaRose (R), characterized the Ruling as Allowing the Campaigns to “ignore the Ohio Constitution and get their issues on the ballot in November." “Let me be clear, the petition requirements set in the Ohio Constitution and decisions on changing them belong to the General Assembly and the people. Our office has already informed Attorney General Yost that we intend to appeal the ruling,” Sheehan said. The State filed an Appeal later Wednesday. The Sixth Circuit would hear any Appeals to the Ohio Ruling.

Ohioans for Secure and Fair Elections, backed by the ACLU, is now studying its Next Moves. “Given the significant signature requirement that remains, we must consider our path forward," Toni Webb, the Group’s Campaign Manager, said in a Statement. "But one thing remains clear: many states have passed common sense, bipartisan reform measures to make their elections more efficient, and it’s high time for Ohio to do the same.”