Case: Ohioans for Raising the Wage v. Larose

20-cv-02381 | Ohio state trial court

Filed Date: March 30, 2020

Closed Date: April 29, 2020

Clearinghouse coding complete

Case Summary

COVID-19 summary: On March 30, members of Ohioans for Raising the Wage filed a complaint and motion for a preliminary injunction against the Ohio Secretary of State. The plaintiffs sought to suspend the required number of signatures required to qualify for the ballot in Ohio. The motion for preliminary injunction was denied on April 28, and the plaintiffs voluntarily dismissed the case the next day. On March 30, members of Ohioans for Raising the Wage, a ballot issue committee in support of a p…

COVID-19 summary: On March 30, members of Ohioans for Raising the Wage filed a complaint and motion for a preliminary injunction against the Ohio Secretary of State. The plaintiffs sought to suspend the required number of signatures required to qualify for the ballot in Ohio. The motion for preliminary injunction was denied on April 28, and the plaintiffs voluntarily dismissed the case the next day.


On March 30, members of Ohioans for Raising the Wage, a ballot issue committee in support of a petition effort for the passage of a constitutional amendment to raise wages to $13 per hour by 2025 in Ohio, filed a complaint and motion for a preliminary injunction against the Ohio Secretary of State, Frank Larose.

The group had collected 73,968 signatures for the petition as of March 12, the date an order prohibiting large gatherings was issued. Since then, the COVID-19 pandemic significantly reduced the number of signatures they were able to collect. Therefore, the plaintiffs argued that the requirements were “unduly burdensome . . . in light of the COVID-19 public health crisis” and therefore violated the Ohio constitutional rights rights of speech, association and ballot access.

Represented by private attorneys, the plaintiffs sought preliminary and permanent injunctive relief under state law. Specifically, the plaintiffs sought to suspend the required number of signatures, which was 442,958 statewide or 10% of total votes, to 6% of the number of electors that voted in the 2018 gubernatorial elections, which amounts to 265,774 signatures. They also sought to extend the deadline to submit the signatures from July 1 to August 21. The case was assigned to Judge David C. Young.

On March 31, the Ohioans for Secure and Fair Elections sought to intervene as plaintiffs in the case, represented by the American Civil Liberties Foundation and the ACLU of Ohio. The same day, they filed an intervenor’s motion for a preliminary injunction.

The defendant moved to dismiss the case on April 27.

On April 28, the plaintiff’s request for a preliminary injunction was denied. Judge David C. Young found that despite the unique situation presented, the “constitutional language does not include an exception for extraordinary circumstances or public health emergencies.” On April 29, the plaintiff filed a voluntary dismissal and on April 30, the intervening plaintiffs also voluntarily dismissed the case.

Summary Authors

Averyn Lee (6/14/2020)

People


Judge(s)

Young, David C. (Ohio)

Attorneys(s) for Plaintiff

Clinger, Derek S (Ohio)

Colombo, J. Corey (Ohio)

McTigue, Donald Joseph (Ohio)

Wallace, Ben F.C. (Ohio)

Attorneys(s) for Defendant

Seskes, Brandi Laser (Ohio)

Staff, Renata Y (Ohio)

Yost, Dave (Ohio)

Other Attorney(s)

Active

Active

Judge(s)

Young, David C. (Ohio)

Attorneys(s) for Plaintiff

Clinger, Derek S (Ohio)

Colombo, J. Corey (Ohio)

McTigue, Donald Joseph (Ohio)

Wallace, Ben F.C. (Ohio)

Attorneys(s) for Defendant

Seskes, Brandi Laser (Ohio)

Staff, Renata Y (Ohio)

Yost, Dave (Ohio)

Other Attorney(s)

Bonham, Elizabeth (Ohio)

Carey, David J. (Ohio)

Ho, Dale E. (New York)

Levenson, Freda J. (Ohio)

Thomas-Lundborg, Alora (New York)

Expert/Monitor/Master

Gallaway, Chirstopher (Ohio)

Documents in the Clearinghouse

Document

Docket

March 30, 2020 Docket

Motion for a Preliminary Injunction

Ohioans for Raising the Wage v. Ohio Secretary of State Frank Larose

March 30, 2020 Pleading / Motion / Brief

Affidavit of Christopher Gallaway

Ohioans for Raising the Wage v. Ohio Secretary of State

March 30, 2020 Declaration/Affidavit

Complaint for Preliminary and Permanent Injunctive Relief

Ohioans for Raising the Wage v. Ohio Secretary of State

March 30, 2020 Complaint

Motion to Intervene

March 31, 2020 Pleading / Motion / Brief

Intervenors' Motion for Preliminary Injunction

Ohioans for Raising the Wage v. Frank Larose

March 31, 2020 Pleading / Motion / Brief

Motion to Dismiss Intervenors' and Plaintiffs' Complaints of Defendant Ohio Secretary of State Frank Larose

Ohioans for Raising the Wage v. Ohio Secretary of State Frank Larose

April 27, 2020 Pleading / Motion / Brief

Decision and Entry

Ohioans for Raising the Wage v. Ohio Secretary of State Frank Larose

April 28, 2020 Order/Opinion

Resources

Title Description External URL

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: Ohio

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: March 30, 2020

Closing Date: April 29, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Members of the Ohioans for Raising the Wage, a ballot issue committee

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ohio Secretary of State, State

Case Details

Causes of Action:

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Voting

Voting access

Voting:

Challenges to at-large/multimember district/election