A federal judge has ordered Ohio Attorney General Dave Yost to stop blocking a measure that would have asked voters to ban qualified immunity for police and other government employees, but Yost said Thursday he plans to appeal.
Yost said he would seek review by the full 6th U.S. Circuit Court of Appeals in Cincinnati after a divided panel ruled Wednesday to overturn a lower federal court’s ruling that would eliminate qualified immunity, allowing people to sue police and other government officials for violating their constitutional rights.
Former Ohio House Speaker not charged in federal investigation
The committee ordered the Republican attorney general to send the proposal to the Republican-majority Ohio Ballot Committee, which will decide whether the proposal qualifies as a constitutional amendment. Once that’s determined, organizers can begin gathering the roughly 413,000 valid signatures of registered voters needed to qualify for the ballot. Organizers have until July 3 to submit the petition to put the question on the Nov. 5 ballot.
MARYLAND, USA – MARCH 4: Ohio Attorney General Dave Yost speaks at the Conservative Political Action Coalition’s annual conference at the Gaylord National Resort & Convention Center on March 4, 2023 in Maryland, USA. (Photo by Celal Gunes/Anadolu Agency via Getty Images)
Yost has repeatedly rejected the petition’s proposed summary language, saying it did not fairly and accurately represent the bill’s contents. The committee found that his actions created a “significant burden” for organizers when it came to communicating with voters and meeting filing deadlines. The committee also rejected Yost’s argument that the case falls within the jurisdiction of the Ohio Supreme Court.
Yost’s office issued a statement Thursday noting that the appeals court’s review division has not yet decided whether he was correct in his ruling on the summary language. The office said a request for a full en banc review would likely be filed on Friday.
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“If Attorney General Yost’s decision stands, the Commission’s order presents voters with an unfair and untrue summary,” said Bethany McCorkle, the office’s communications director. “The state of Ohio has a vested interest in a fair and truthful process.”
