Legal Opinion · Dissent

State ex rel. Tulley v. Brown

Ohio Supreme Court

Decided March 24, 1972No. 72-196Published

1DissentSchNeider, J.

I would deny the writ foi the reason that R. C. 3519.01, requiring a “preliminary” petition for the consideration of a summary of a proposed constitutional amendment by initiative for the purpose of including that summary on the initiative petition itself (see R. C. 3519.05), conflicts with the plain terms of Section lg, Article II of the Ohio Constitution, which requires the initiative petition to contain the title and text of the proposed amendment and sanctions no such summary of that text.

Section lg provides further that its provisions “shall be self-executing, except” that the General…

2Cases cited2 opinions

  1. State Ex Rel. Miller v. Court of Common PleasOhio Supreme Court · 1949
  2. State, Ex Rel. v. Ind. Com.Ohio Supreme Court · 1944

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