In a 6-1 decision issued today, the Supreme Court of Ohio ruled that provisions in the state’s 2010-2011 budget bill authorizing up to 17,500 video lottery terminals at Ohio horse racing tracks are subject to a voter referendum. Holding that the provisions do not fall within any of the exceptions to the right of referendum established by the Ohio Constitution, the Court granted a writ of mandamus ordering the Ohio Secretary of State to accept and process summary petitions submitted by LetOhioVote.org. The group challenged the rejection of its petitions and desires to pursue a referendum on the video lottery terminal program. Wrote Justice Terrence O’Donnell for the majority:
We are not unmindful of the effect our decision may have on the state budget, nor of the commendable efforts of the members of the executive and legislative branches of state government to fulfill their constitutional duties to balance the budget in Ohio; however, our own constitutional duty is to ensure compliance with the requirements of the Ohio Constitution irrespective of their effect on the state’s current financial conditions.
The case is State ex rel. LetOhioVote.org v. Brunner.
This post was written by Joshua Bolinger.
