court cases

A federal judge has temporarily blocked enforcement of an Ohio law barring out-of-state residents from circulating petitions needed to place an issue or candidate on the ballot.

U.S. District Court Judge Michael Watson said in ruling this week that he could identify no harm that would come to the state from allowing nonresidents to gather signatures.

The injunction comes in a dual challenge by the Libertarian Party of Ohio and a group that includes Citizens in Charge, a ballot access organization, and backers of two active ballot campaigns.

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On November 13, an injunction was issued in Ohio’s Southern District Court for the case of Citizens in Charge, Inc. et al. v. Husted, which challenges Ohio’s residency requirement laws.  This decision enjoins the state from enforcing the provisions of Senate Bill 47, which places restrictions on petition circulators in violation of their Constitutional 1st Amendment rights.

The decision, made by Judge Watson of the Columbus division of the Southern District of Ohio, indicated that the law violated political speech protected by the First Amendment.