Monday, March 26, 2018

Sixth Circuit Upholds State Single-Subject Ballot-Initiative Rule Against First Amendment Challenge

The Sixth Circuit ruled last week that Ohio's single-subject rule for ballot initiatives doesn't violate the First Amendment. The ruling upholds a state Ballot Board order requiring the plaintiffs to split their initiative--which includes one question on term limits for state supreme court justices and another to apply all laws "that apply to the people" of the state "equally to the members and employees of the General Assembly"--into two.

The case, Committee to Impose Term Limits v. Ohio Ballot Board, arose when the state Ballot Board rejected the plaintiffs' request to include a ballot question with two parts--one to impose term limits on Ohio supreme court justices, and the other to apply laws equally to members of the General Assembly. The Board ruled that state single-subject rule for ballot initiatives required the plaintiffs to split the questions. The plaintiffs sued, arguing that the Board's ruling violated the First Amendment.

The Sixth Circuit disagreed. The court rejected the plaintiffs' argument that the single-subject rule was a content-based restriction on speech and instead applied the Anderson-Burdick balancing test for "minimally burdensome and nondiscriminatory regulations." Under the balancing test, the court said that the single-subject rule amounted to only a minimal burden on the plaintiffs, but that it was justified by multiple state interests (avoiding confusion at the ballot box, promoting informed decision-making, preventing logrolling).

The ruling aligns with every other circuit that addressed the question post-Buckley v. Valeo.

https://lawprofessors.typepad.com/conlaw/2018/03/sixth-circuit-upholds-state-single-subject-ballot-initiative-rule-against-first-amendment-challenge.html

Cases and Case Materials, Elections and Voting, First Amendment, News, Opinion Analysis, Speech, State Constitutional Law | Permalink

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