On August 19, 2015, a
group of voters from Athens, Fulton and Medina counties filed
an appeal against the Ohio Secretary of State’s ruling
that invalidated three proposed county charter petitions. Those petitions were
aimed at attempting to extend local regulatory authority over hydraulic
fracturing within the counties’ limits. Ohio Secretary of State, Jon Husted,
concluded that “state law preempts any authority to regulate ‘fracking’ by
political subdivisions of the state, including charter counties.”
The voters seek a mandamus in the Ohio Supreme Court to
compel the Secretary of State to comply with the requirements specified in
section 307.95 of the Ohio Revised Code, and the Constitution of the state of
Ohio. They also ask the Court to reintroduce the three petitions in the
November 2015 election ballots.
Said voters contended
that the Secretary of State’s objection against the petitions is
“unconstitutional, arbitrary, illegal and an abuse of his legal authority”
alleging that “[r]espondent Secretary of State is forbidden by pertinent
constitutional principles from arrogating to himself the power to peremptorily
“invalidate” the three Petitions because of his particular quibbles over their
content and legality.”
Written by Chloe Marie - Research Fellow
08/26/2015
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