IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WILLIAM SCHMITT, JR., et al., :

:

Plaintiffs, : Case No. 2:18-cv-966

:

v. : Judge Edmund Sargus, Jr.

:

OHIO SECRETARY OF STATE, et al., : Magistrate Judge Elizabeth Deavers

:

Defendants. :

REPLY IN SUPPORT OF MOTION FOR RECONSIDERATION OF 

DEFENDANT OHIO SECRETARY OF STATE FRANK LAROSE 

On February 25, 2019, Secretary LaRose moved the Court for reconsideration for the 

limited purpose of clarifying the extent of the Court’s February 11, 2019 Order. Secretary’s 

Mtn. for Reconsideration, Doc. 39 at 1-4. In its February 11, 2019 Order, the Court identified a 

procedural due process violation. Op. and Order, Doc. 37 at 7-8. The Court ordered that the 

preliminary relief it previously granted be “reinstate[d] and convert[ed] to permanent 

injunction.” Id. at 10. The Secretary requests clarification as to whether the permanent 

injunction applies statewide to enjoin all applications of the challenged statutes, or only to 

exclude Plaintiffs’ initiative petitions from appearing on a Portage County ballot in any future 

election. 

Plaintiffs’ arguments highlight the need for clarification. Plaintiffs contend that their 

Complaint requested a permanent injunction of the challenged statutes in all applications, and 

note that the parties’ briefing on permanent relief framed the case in that manner. See Pls.’ 

Mem. Contra, Doc. 40 at 2-5. The language of the Court’s Order, however, suggests that the 

permanent injunction is limited to the Plaintiffs’ initiatives that form the controversy in this 

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particular case. Op. and Order, Doc. 37 at 10 (“[T]he Court REINSTATES and CONVERTS to 

permanent injunction the preliminary injunctive relief granted in its Opinion and Order issued on 

September 19, 2018.”). 

Contrary to Plaintiffs’ suggestion, such an order would indeed be “forward-looking.” . 

See Pls.’ Mem. Contra, Doc. 40 at 6 n.2. Plaintiffs appear to suggest that an order simply 

converting the preliminary relief to a permanent injunction would have no effect because the 

November 2018 election has already passed. Id. But as the Court noted in concluding that the 

case is ripe for decision, Plaintiffs “intend to submit identical initiative petitions” in future 

elections. Op. and Order, Doc. 37 at 5. Plaintiffs themselves also state that they intend to 

circulate petitions for inclusion on a 2019 ballot. See Pls.’ Mem. Contra Def.’s Mtn. to Stay, 

Doc. 43 at 6 (“Plaintiffs have submitted affidavits . . . alleging that they intend to continue to 

circulate petitions for initiatives during the 2019 electoral cycle.”). An order extending the 

preliminary relief would apply to the identical petitions that Plaintiffs intend to submit in future 

elections, not just to the November 2018 general election. 

Again, and contrary to Plaintiffs’ assertions, the Secretary is not attempting to reargue 

issues that have already been presented to the Court and decided. See Pls.’ Mem. Contra, Doc. 

40 at 7. The Secretary simply seeks clarification so that he may accurately instruct the relevant 

boards of elections as to the applicability of the Court’s Order so that the Secretary can properly 

advise the county boards of elections as to the conduct of upcoming elections. See O.R.C. 

§ 3501.05(B), (C).

Therefore, Secretary LaRose requests reconsideration of the Court’s February 11, 2019 

Order for the limited purpose of clarifying the scope of the permanent injunction. 

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Respectfully submitted,

DAVE YOST

OHIO ATTORNEY GENERAL

/s/ Sarah E. Pierce 

SARAH E. PIERCE (0087799)* 

*Lead Counsel 

RENATA Y. STAFF (0086922) 

Assistant Attorneys General 

Constitutional Offices Section 

30 East Broad Street, 16th Floor 

Columbus, Ohio 43215 

Tel: 614-466-2872 | Fax: 614-728-7592 

sarah.pierce@ohioattorneygeneral.gov 

renata.staff@ohioattorneygeneral.gov 

Counsel for Defendant 

Ohio Secretary of State Frank LaRose

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CERTIFICATE OF SERVICE

I hereby certify that on March 18, 2019, the foregoing was filed electronically. Notice of 

this filing will be sent to all parties for whom counsel has entered an appearance by operation of 

the Court’s electronic filing system. Parties may access this filing through the Court’s system. I 

further certify that a copy of the foregoing has been served by e-mail or facsimile upon all parties 

for whom counsel has not yet entered an appearance and upon all counsel who have not entered 

their appearance via the electronic system.

/s/ Sarah E. Pierce 

SARAH E. PIERCE (0087799) 

Assistant Attorney General

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