News and information useful to Cleveland-Marshall College of Law students, faculty and staff.

Archive for the ‘Ohio’


Election Board Seeks Workers for November 6th Election

Cuyahoga County Board of Elections LogoThe Cuyahoga County Board of Elections is seeking election officials for the November 6th, 2018 General Election “to help staff the polls, transport ballots and materials, and maintain political balance.”  To apply, complete the online application or call 216-443-3277.

By the way, the deadline to register to vote for the November 6th, 2018 General Election in the state of Ohio is 9pm EST, Tuesday, October 9th, 2018.  You can register to vote and/or update your voter registration address at the Ohio Secretary of State Online Voter Registration System.  Ohio residents can also register to vote at numerous Ohio License Bureau offices, government agencies, libraries, and schools – see this list.

UELMA Enacted in Ohio

Flag of Ohio On June 29, 2018, Ohio joined the growing number of states enacting the Uniform Electronic Legal Material Act (UELMA) when Governor Kasich signed SB139 into law. According to the Uniform Law Commission, UELMA “requires that official electronic legal material be: (1) authenticated, by providing a method to determine that it is unaltered; (2) preserved, either in electronic or print form; and (3) accessible, for use by the public on a permanent basis.” The goal is to provide online legal material with a high degree of trustworthiness and permanence. As stated in a supporting resolution submitted by the Ohio Regional Association of Law Libraries, “permanent public access to official, authentic legal information is critical to the legal system of the United States.”

CALI Lessons on Ohio Law

CALI – the Center for Computer-Assisted Legal Instruction – offers hundreds of online tutorials to help law students learn and review important legal concepts through interactive and self-paced lessons. Registration is required and CM Law students can get the authorization code here.

If your summer legal work involves Ohio law, CALI offers you three lessons to review what you’ve learned –

CALI lessons cover a wide range of topics, and some are even keyed to specific casebooks. Check them out.

Ohio’s Application for PPACA State Innovation Waiver Denied

CCIIO logoOhio’s application for a State Innovation Waiver under section 1332 of the Patient Protection and Affordable Care Act (PPACA) was recently denied. Ohio was specifically seeking to waive the “individual mandate.”* Per federal guidelines (see 45 C.F.R. 155.1308(c)), the application was reviewed by the U.S. Department of Health and Human Services and the U.S. Department of the Treasury (hereinafter “the Departments”). The Departments found the application to be incomplete, as communicated to the Ohio Department of Insurance in a 5/17/18 letter from Randy Pate, Director of the Center for Consumer Information & Insurance Oversight (CCIIO) and Deputy Administrator of the Centers for Medicare & Medicaid Services. Specifically, the Ohio application did “not include a description of any program implementing a waiver plan for providing coverage that meets section 1332 requirements,” and did not include a description of the reason Ohio was seeking to waive the “individual mandate.” [See requirements detailed at 42 U.S.C. 18052 and 45 C.F.R. 155.1308(f)(3)(iii).] The CCIIO oversees the implementation of PPACA provisions related to private health insurance, including Section 1332 State Innovation Waivers, which permit a state to “pursue innovative strategies for providing their residents with access to high quality, affordable health insurance while retaining the basic protections of the ACA.” After the Departments make a preliminary determination that a State Innovation Waiver application is complete, they provide for a public notice and comment period, and make a final decision on the application within 180 days.

*The “individual mandate” was originally codified at 26 U.S.C. §5000A and 26 C.F.R. 1.5000A-2. The Tax Cuts and Jobs Act (Pub. L. No. 115-97, 131 Stat. 2054, 12/22/17; text not yet available – see Section 11081 of H.R. 1, 115th Cong., 2017) repealed §5000A and eliminated the penalty associated with the individual mandate, beginning in 2019. However, no changes were made to the statutory language that established the mandate. For more information, see The Individual Mandate for Health Insurance Coverage: In Brief, by the Congressional Research Service.

Adding Initiative and Referendum Issues on Ohio Ballots

Flag of OhioContinuing from last Thursday’s post with information about ballot issues in Ohio, there are four methods to put an issue on the ballot: referendum, citizen-initiated constitutional amendment, legislatively-initiated constitutional amendment, and initiated statute.

A statewide referendum challenges a recently enacted law. The referendum process stops a law from becoming effective until the law itself can be submitted to voters to approve or reject at the next regular or general election. Petitioners must follow a detailed process, beginning with submitting an initial petition that includes the full text of the challenged law and signatures from 1,000 registered Ohio voters, to the Secretary of State and the Attorney General. After certification by both offices, petitioners must gather more signatures and file with the Secretary of State at least 125 days prior to an election to get the challenged law on that ballot. A few matters cannot be challenged by referendum including laws providing for tax levies, appropriations for current state government and state institution expenses, and emergency laws immediately necessary for preserving public peace, health, or safety.

Constitutional amendments may appear on statewide ballots in two ways. First, a citizen-initiated amendment  may be proposed when a citizen believes that a matter is not addressed adequately by the Ohio Constitution. An initial petition, with 1,000 registered voter signatures, must be submitted to the Attorney General for certification. Then, the Ohio Ballot Board must certify that the petition contains only one constitutional amendment. After certification by both offices and filing with the Secretary of State, petitioners must gather the required number of signatures and file with the Secretary of State at least 125 days prior to a general election to get the proposed amendment on the ballot. A proposed amendment only needs approval from a majority of voters, and then becomes effective 30 days after the election. Second, a constitutional amendment may be initiated by the General Assembly by passing a joint resolution by a three-fifths vote. The resolution must be filed with the Secretary of State at least 90 days prior to the election. The joint resolution will then appear as an issue on the general election ballot, where if approved by a majority of voters, it will become a constitutional amendment.

Finally, a citizen may initiate a statute if he or she believes that a matter is not adequately addressed by the Ohio Revised Code. Petitioners must file an initial petition, signed by 1,000 registered voters, with the Attorney General. After certification by the Attorney General, and certification from the Ballot Board that the petition contains only one proposed law, the petition is filed with the Secretary of State and petitioners must gather additional signatures.  The petition must then be filed with the Secretary of State at least 10 days prior to the beginning of a General Assembly session. The General Assembly has four months to act on the proposed law, and if it does not pass the law, passes an amended version, or takes no action at all, then petitioners may file supplemental petitions demanding that the proposed law appear on the ballot at the next general election. If the proposed law is approved by a majority of voters, it becomes effective 30 days after the election.

Putting issues on the ballot, and other matters of Ohio election law, are controlled by the Ohio Constitution Art. II and Art. XVI, and by the Ohio Revised Code Title 35.