Payday Pundit

For immediate release:

Thursday, September 4, 2008

Ohioans For Financial Freedom

Want Voice Heard On Constitutional Challenge

Columbus― Ohioans For Financial Freedom said today they will continue to work to ensure Ohioans can exercise their Constitutional right to repeal a bad law, and anticipate they will take their arguments to a higher court.

In response to a 10^th District Court of Appeals ruling today, spokesperson for Ohioans For Financial Freedom Kim Norris said, “The Court got it right in some areas, agreeing that the law creates a burden for Ohioans who want to use the petition process to repeal a bad law.  Where they got it wrong is the burden should be on the State to justify these restrictions, not the people of Ohio, in exercising their Constitutional right.”

Ohioans For Financial Freedom, which has the strong endorsement of the Ohio Chamber of Commerce, Ohio Grocers Association and many other businesses and consumers, has filed more 422,000 signatures from Ohioans with the Ohio Secretary of State to put a Vote NO on Issue 5 measure on the Nov. 4 ballot.  Repealing  section (3) of H.B. 545 gives consumers lending options and allows for short-term loans to be made under H.B. 545.

This case was originally filed in Franklin County Common Pleas Court, and argues there is nothing in the Ohio Constitution which allows any Attorney General to review a summary language of any proposed ballot issue. The Ohio Constitution (Article 2) states specific requirements for initiative and referendum petitions, including signature requirements. It says, “The foregoing provisions of this section shall be self-executing.  Laws may be passed to facilitate their operation, but in no way limiting or restricting either such provisions or the powers herein reserved.”

The lawsuit pointed out no section of the Ohio Constitution requires electors seeking to exercise their reserved power of referendum to prepare a summary of the law, section of law, or item in any law appropriating money, or to submit that summary to the Attorney General of Ohio for her certification. 

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