State ex rel. Cappelletti v. Celebrezze

Although I concur in the opinion of the court, I believe that there is a distinction between ballot title and ballot language, as well as a difference in the time limitations for the filing of an action challenging the ballot language and for one challenging the ballot title.

The language, at issue in this cause, in Section l# of Article II of the Ohio Constitution, refers only to the ballot language. There is no reference to the ballot title. Therefore, although the ballot language is subject to this court’s jurisdiction under the 64-day requirement of Section 1 of Article XVI, a challenge to…