(The Center Square) — Democrats on the Ohio Ballot Board have leveled malpractice allegations against Attorney General Dave Yost and say Secretary of State Frank LaRose has acted overly partisan about a proposed constitutional amendment on the November ballot.
The amendment would change how the state establishes congressional and statehouse districts, removing the process from the Ohio Redistricting Commission — a political group made up of five Republicans and two Democrats — and putting into the hands of a non-political citizen committee made up of 15 people, consisting of Republicans, Democrats and Independents.
Retired judges would select the members.
Recently, the Ballot Board — which has three Republicans and two Democrats — established language for the ballot that Democrats say is false and misleading.
Citizens Not Politicians, a bipartisan coalition pushing the amendment, submitted proposed language for the ballot that included 15 members who have no disqualifying conflicts of interest and have shown an ability to conduct the redistricting process with impartiality, integrity, and fairness.
It also said each redistricting plan shall contain single-member districts that are geographically contiguous, comply with federal law, closely correspond to the statewide partisan preferences of Ohio voters and preserve communities.
The Ballot Board approved language based on Republican party lines stating that the new commission would be "required to gerrymander" the districts.
Citizens Not Politicians filed suit, and Democrats on the board believe Yost does not represent their interests and should have appointed outside council.
"One of two things has to be true: Either we should receive an outside counsel appointment so that our interests – which diverge from those of the Secretary of State – are adequately represented in this litigation; or the Attorney General is the sole representative who had an obligation under the Ohio Rules of Professional Responsibility to communicate with us, seek input from us, and consider our interests before filing an Answer purportedly on our behalf.
"We are both members of the Ballot Board with evidence, insight, and information, and we were named explicitly in our official capacities in this litigation," reads the legal filing from Rep. Terrence Upchurch, D-Cleveland, and Sen. Paula Hicks-Hudson, D-Toledo.
The two claim LaRose was politically motivated in pushing ballot language that purposely deceives and misleads voters.
LaRose, earlier this month, on social media, pointed out that Yost twice rejected the summary of the amendment. However, Yost eventually approved the summary, saying it was a fair and accurate representation.
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