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V - ALTERNATIVE and FRANK LAROSE, Et Al Supreme Court of Ohio Clerk of Court - Filed March 05, 2020 - Case No. 2020-0327 IN THE SUPREME COURT OF OHIO STATE EX REL. OHIOANS FOR SECURE CASE NO. AND FAIR ELECTIONS, et al. Relators, ORIGINAL ACTION IN MANDAMUS - v - ALTERNATIVE AND FRANK LAROSE, et al. PEREMPTORY WRITS REQUESTED Respondents. RELATORS’ MOTION TO EXPEDITE Freda J. Levenson * (0045916) Dav e Yost * Counsel of Record O HIO A TTORNEY G ENERAL ACLU of Ohio Foundation 30 E. Broad Street 4506 Chester Ave. Columbus, Ohio 43215 Cleveland, OH 44103 Phone: 614 - 466 - 2872 Phone: (614) 586 - 1972 Fax: 614 - 728 - 7592 Fax: (614) 586 - 1974 [email protected] Counsel for Respondents. David J. Carey (0088787) ACLU of Ohio Foundation 1108 City Park Ave., Suite 203 Columbus, Ohio 43206 Phone: (614) 586 - 1972 Fax: (614) 586 - 1972 [email protected] Dale Ho (Pro Hac Vice Pending) American Civil Liberties Union 125 Broad Street New York, NY 10004 Tel: 212 - 549 - 2693 [email protected] Alora Thomas - Lundborg (Pro Hac Vice Pending) American Civil Liberties Union 125 Broad Street New York, NY 10004 Tel: 212 - 519 - 7866 [email protected] Donald J. McTigue (0022849) J. Corey Colombo (0072398) Derek S. Clinger (0092075) Ben F.C. Wallace (0095911) M C T IGUE & C OLOMBO , LLC 545 East Town Street Columbus, Ohio 43215 Phone: (614) 263 - 7000 [email protected] [email protected] [email protected] [email protected] Counsel for Relators Relators respectfully move this Court for an alternative writ expediting briefing and consideration of the Complaint for a Writ of Mandamus against Secretary of State Frank LaRose, the Ohio Ballot Board, and Attorney General Dave Yost as the Court has done in prior actions challenging the decisions of the Ballot Board. See, State ex rel. Ohio Liberty Council v. Jennifer Brunner , Case No. 2010 - 0643, April 15, 2020 Entry Granting Alternative Writ. A Memorandum in Support of this Motion is attached hereto. Respectfully submitted, /s/ Freda J. Levenson _________________ Freda J. Levenson * (0045916) * Counsel of Record ACLU of Ohio Foundation 4506 Chester Ave. Cleveland, OH 44103 Tel: (614) 586 - 1972 Fax: (614) 586 - 1974 [email protected] David J. Carey (0088787) ACLU of Ohio Foundation 1108 City Park Avenue, Suite 203 Columbus, OH 43206 Tel: (614) 586 - 1972 Fax: (614) 586 - 1974 [email protected] Dale Ho (Pro Hac Vice Pending) American Civil Liberties Union 125 Broad Street New York, NY 10004 Tel: 212 - 549 - 2693 [email protected] Alora Thomas - Lundborg (Pro Hac Vice Pending) American Civil Liberties Union 125 Broad Street New York, NY 10004 Tel: 212 - 519 - 7866 [email protected] 1 Donald J. McTigue (0022849) J. Corey Colombo (0072398) Derek Clinger (0092075) Ben F.C. Wallace (0095911) MCTIGUE & COLOMBO LLC 545 East Town Street Columbus, Ohio 43215 Phone: (614) 263 - 7000 d [email protected] [email protected] [email protected] [email protected] Counsel for Relators 2 MEMORANDUM IN SUPPORT Time is of the essence in this case because it centers around the amount of time Relators have to circulate their initiative petition proposing the “Secure and Fair Elections Amendment” (the “Proposed Amendment”) prior to the July 1, 2020 filing deadline f or submission at the November 3, 2020 General Election. As set forth more fully in the Complaint, on March 2, 2020, Respondent Ohio Ballot Board wrongfully certified to the Ohio Attorney General that the Proposed Amendment contains four amendments and div ided the Proposed Amendment into four amendments. This action directly and adversely affects Relators’ efforts to submit their full Proposed Amendment to the electors at the November 3, 2020 General Election, and it was inconsistent with this Court’s clear precedent for determining whether a proposed constitutional amendment constitutes a single amendment. Accordingly, Relators filed the instant action on March 5, 2020 seeking a peremptory writ or writ of mandamus ordering the Ballot Board to immediately co nvene and certify to the Attorney General that the Proposed Amendment contains only one amendment, or, alternatively, ordering the Attorney General to file with the Secretary of State a verified copy of the Proposed Amendment, as written, together with its summary and the Attorney General’s certification of it. Due to the impending July 1, 2020 filing deadline, and in accordance with the Court’s precedent in actions challenging the determinations of the Ballot Board, Relators respectfully request the Court to issue an alternative writ setting forth an expedited briefing schedule. I. Relators Request an Expedited Briefing Schedule Due to the Impending July 1, 2020 Filing Deadline for their Initiative Petition. Relators cannot begin circulating their statewide initiative petition with the full Proposed Amendment intact until the Court issues the relief sought herein. Pursuant to Article II, Sections 1a of the Ohio Constitution, an initiative petition proposing an amendment to the Ohio Constitution 3 must contain the valid signatures of 442,958 qualified Ohio electors. Such a petition must be filed at least 125 days prior to the general election at which petitioners seek to submit the amendment. Article II, Section 1a. For the November 3, 2020 General Election, the filing deadline is July 1, 2020. This is less than 120 days from the date of this filing, and because the outcome of this case will determine how many petitions Relators have to circulate — one or four — Relators request an expedited briefing schedule to reso lve this question well before the July 1, 2020 filing deadline. II. The Court’s Precedent is to Expedite Actions Challenging the Determinations of the Ohio Ballot Board. The Court’s precedent is to expedite actions challenging the determinations of the Ohio Ballot Board. In the most recent action challenging the decision of the Ballot Board’s to split a proposed initiative petition into multiple initiative petitions, State ex rel. Ohio Liberty Council v. Jennifer Brunner , this Court granted an alternati ve writ to expedite the briefing schedule. See, Case No. 2010 - 0643, Court’s April 15, 2020 Entry Granting Alternative Writ attached as Exhibit A. In Ohio Liberty Council , the relators filed a motion to expedite along with their complaint on April 13, 2010 . Two days later, on April 15, 2010, the Court ordered the following expedited briefing schedule: the respondents were to file an answer by the next day, April 16, 2010; the relators were to file their brief and evidence four days after that on April 20, 2 010; the respondents were to file their brief and evidence three days later on April 23, 2010, and the relators were to file their reply brief three days after that on April 26, 2010. See , Exhibit A. Based on this precedent, Relators respectfully request a similar expedited briefing schedule. III. Expediting the Briefing Schedule Will Not Prejudice Respondents. Finally, expediting the case will not prejudice Respondents. If the Court grants Relators’ requested relief, the Ballot Boar d will need only to convene and certify to the Attorney General 4 that Relators’ Proposed Amendment contains a single amendment, or, alternatively, the Attorney General will need only to file with the Secretary of State a verified copy of the Proposed Amendm ent, as written, together with its summary and the Attorney General’s certification of it. CONCLUSION Accordingly, given the short time frame within which these important matters will be considered, the extraordinary importance of these issues to Ohioans, and the Court’s precedent for expediting such actions, Relators respectfully request that this Court g rant an alternative writ setting an expedited briefing schedule. Respectfully submitted, /s/ Freda J. Levenson _________________ Freda J. Levenson * (0045916) * Counsel of Record ACLU of Ohio Foundation 4506 Chester Ave. Cleveland, OH 44103 Tel: (61 4) 586 - 1972 Fax: (614) 586 - 1974 [email protected] David J. Carey (0088787) ACLU of Ohio Foundation 1108 City Park Avenue, Suite 203 Columbus, OH 43206 Tel: (614) 586 - 1972 Fax: (614) 586 - 1974 [email protected] Dale Ho (Pro Hac Vice Pending) American Civil Liberties Union 125 Broad Street New York, NY 10004 Tel: 212 - 549 - 2693 [email protected] 5 Alora Thomas - Lundborg (Pro Hac Vice Pending) American Civil Liberties Union 125 Broad Street New York, NY 10004 Tel: 212 - 519 - 7866 athom [email protected] Donald J. McTigue (0022849) J. Corey Colombo (0072398) Derek Clinger (0092075) Ben F.C. Wallace (0095911) MCTIGUE & COLOMBO LLC 545 East Town Street Columbus, Ohio 43215 Phone: (614) 263 - 7000 [email protected] [email protected] [email protected] [email protected] Counsel for Relators CERTIFICATE OF SERVICE I hereby certify that the foregoing Motion was sent via email this the 5 th day of March, 2020 to the following: Ohio Ballot Board c/o Jeff Hobday Secretary of the Ohio Ballot Board [email protected] Ohio Attorney General Bridget Coontz Section Chief, Constitutional Offices Section [email protected] /s/ Derek S. Clinger _______________ Derek S. Clinger 6 Exhibit A The Court’s April 15, 2020 Entry Granting an Alternative Writ to Expedite the Briefing Schedule in State ex rel. Ohio Liberty Council v. Jennifer Brunner , Case No. 2010 - 0643 . ^4.e $U;treut.e ^Jaurt af (04ca State ex rel. Ohio Liberty Council et al. Case No. 2010-0643 V. IN MANDAMUS AND PROHIBITION Jemiiler Brunner, Ohio Secretary of State, E NT'RY Ohio Ballot Board, and Richard Cordray. Attomey Oeneral This cause originated in this Court on the filing ol' a complaint for a writ of mandamus and prohibition. Upon consideration of relators' niotion to expedite the writ of mandamus_ It is ordered by the Court that an alternative writ is granted on relators' mandamus claim. 'I'lie respondents shall [ile an answer to the complaint by Friday, April 16, 2010; relators shall file their brief and evidence by Tuesday, April 20, 2010; respondents shall file their brief and evideuce by F'riday, Apri123, 2010; and relators may file a reply brief by Monday, April 26, 2010.
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