James Madison, in Federalist No. 10, warned us about the dangers of factions—groups that, driven by self-interest, work against the public good.
“By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community,” Madison wrote.
This threat of self-interested political factions treading on the constitution and the rule of law foretold by Madison is happening today in my home state of Ohio.
Secretary of State Frank LaRose, acting as the leader of a faction intent on preserving political power, has manipulated the ballot language for Issue 1, a redistricting reform amendment in Ohio that is on the ballot this Nov. 5. As chair of the Ohio Ballot Board, LaRose pushed through this misleading language on a slim 3-2 vote, using the power of his office not for the general public good but to advance his own private agenda.
As the former Chief Justice of the Ohio Supreme Court, I’ve dedicated much of my career to upholding the rule of law and ensuring that every citizen’s voice is heard. The election law community should take notice of the lawsuit filed by Citizens Not Politicians against the Ohio Ballot Board and LaRose challenging their illegal decision. This lawsuit is a fight for the future of fair elections in Ohio and it is a test of the checks and balances in our three-branch system of representative government. It could have broader implications for what self-interested politicians and their factions think they can get away with in the future.
On August 19, 2024, Citizens Not Politicians, alongside dedicated Ohioans Cara Dillon and Annette Tucker Sutherland, filed an original action in the Ohio Supreme Court. The lawsuit challenges the misleading and illegal ballot language adopted by the Ohio Ballot Board for Issue 1. The Ballot Board’s action is a blatant abuse of power, designed to protect political interests rather than inform Ohio voters.
The Ohio Constitution and the Revised Code require that ballot language must be accurate, impartial, and not prejudicial. Unfortunately, the language approved by the Ballot Board violates these legal standards. It misrepresents the amendment’s provisions, falsely claiming, for example, that it would require gerrymandering to favor the two largest political parties. In reality, the amendment would do the opposite—banning partisan gerrymandering and ensuring fair representation for all Ohioans.
This lawsuit is not just about correcting these falsehoods. It’s about protecting our democracy from manipulation. It’s about ensuring that every voter has the information they need to make an informed decision at the ballot box. And it’s about holding those in power accountable when they attempt to undermine the rights of Ohioans to shape their government.
I urge those in the election law community both in Ohio and nationally to follow this case closely. The Ohio Supreme Court’s decision will have profound implications for the integrity of our elections. You can track the case by visiting the Ohio Supreme Court docket at [this link](https://www.supremecourt.ohio.gov/Clerk/ecms/#/caseinfo/2024/1200). But don’t stop there. Share the news of this lawsuit with your networks. Talk to your friends, your family, your neighbors. Ohio’s future is on the line, and it’s up to all of us to defend it.
Madison’s solution to combating factions was in the constitution and the rule of law. “There are two methods of curing the mischiefs of faction: the one, by removing its causes; the other, by controlling its effects.”
One cause of factions is gerrymandering, and the factions of politicians who benefit from gerrymandering in Ohio are doing everything in their power – legal or illegal – to stop this constitutional amendment that threatens their outsized, undeserved, and unconstitutional power and influence.
This is not just a legal issue; it’s a moral one. The right to fair elections is fundamental to our democracy. As Ohioans, we must stand together against any attempt to subvert that right. Please, stay informed, stay engaged, and help spread the word about this critical fight for the future of our state that may have broader implications for the future of free and fair elections across the country.