Ohio Redistricting Activists Sue Over GOP-Passed Ballot Wording

A group proposing changes to Ohio’s redistricting process accused a Republican-controlled board on Monday of attempting to deceive voters when they approved a nearly 900-word description of the constitutional measure slated to appear on ballots in November.

The language approved last week by the Ohio Ballot Board was drafted to try to mislead and “prejudice voters against the Amendment,” stated Citizens Not Politicians, which aims to take legislative and congressional mapmaking duties out of the hands of elected officials. The complaint asks the Ohio Supreme Court to order the board and Secretary of State Frank LaRose (R), whose office drafted the contested description, to put forth new language that comports with state law.

“So, let’s be blunt about what is happening here: Politicians do not wish to give up power, they oppose the Amendment, and they’re using control of the Ballot Board to try to influence voters with ballot language so farcically biased and deceptive that it approaches comedy,” the lawsuit states.

The lawsuit’s filing was not a surprise, as it was telegraphed by the group shortly after the conclusion of the ballot board meeting. There, the description was approved by a 3-2 vote, with both Democratic members voting against it.

Citizens Not Politicians had drafted a summary that was about 700 words shorter that it said accurately described the measure. It was also in line with related amendments that passed in 2015 and 2018, the group said. However, the board shot it down in another party-line vote.

As of now, the proposed amendment will appear on ballots, under the name Issue 1, with a title that says it’ll “create an appointed redistricting commission not elected by or subject to removal by the voters of the state.”

It goes on to tell voters that if they vote “yes” they’ll “establish a new taxpayer-funded commission of appointees required to gerrymander the boundaries of state legislative and congressional districts to favor either of the two largest political parties in the state of Ohio.”

“Every single paragraph of the ballot language includes misleading and biased language that further serves to sway voters against the Amendment,” reads the complaint.

The court, which Republicans control 4-3, is expected to act quickly on the case, as the election is fast approaching. Military and overseas absentee ballots must be ready by Sept. 20, according to the secretary of state’s website.

The challengers are represented by McTigue & Colombo LLC and Elias Law Group LLP.

The case is Ohio ex rel. Citizens Not Politicians v. Ohio Ballot Board, Ohio, No. 2024-1200, filed 8/19/24.