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Does Secretary of State Have Legal Duty to Accept, Process Petitions Seeking Referendum on Video Lottery Terminals?

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Does Secretary of State Have Legal Duty to Accept, Process Petitions Seeking Referendum on Video Lottery Terminals?

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State ex rel. LetOhioVote.org v. Hon. Jennifer Brunner, Case no. 2009-1310 ISSUE: When the General Assembly has declared that certain provisions included in a legislative enactment are “appropriations for the current expenses of the state” and therefore are not subject to a referendum by voters, if citizens subsequently submit to the Secretary of State summary petitions seeking to initiate a statewide referendum on that legislative enactment, does the Secretary have a legal duty to process the petitions and commence the referendum process? BACKGROUND: Section 1c, Article II of the Ohio Constitution provides that, with certain specified exceptions, bills enacted by the General Assembly do not become law until 90 days after they are transmitted by the governor to the Secretary of State. During that 90-day period, any individual or group that wishes to do so has the right to seek the repeal of all or a specified part of a legislative enactment by means of a statewide vote of the people, c

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