Minority Ballot Board Members Ask Ohio Supreme Court to Rectify Republicans' Conflict of Interest in Citizens Not Politicians Case

COLUMBUS — State Rep. Terrence Upchurch (D-Cleveland) and State Senator Paula Hicks-Hudson (D-Toledo) Wednesday submitted a filing with the Ohio Supreme Court detailing the alleged legal malpractice of Attorney General Dave Yost and overtly partisan behavior of the Ballot Board chair Secretary of State Frank LaRose concerning each party’s conduct with the Citizens Not Politicians legal matter. 

AG Yost’s refusal to allow outside counsel to represent the only two dissenting votes standing up against the misleading and false Issue 1 ballot language, while simultaneously failing to seek input and share information with the dissenting members prior to a legal filing, proves his office engaged in ethically questionable behavior.  

“One of two things has to be true: either we should receive an outside counsel appointment so that our interests–which diverge from those of the Secretary of State–are adequately represented in this litigation; or the Attorney General is the sole representative who had an obligation under the Ohio Rules of Professional Responsibility to communicate with us, seek input from us, and consider our interests before filing an Answer purportedly on our behalf.  We are both members of the Ballot Board with evidence, insight, and information, and we were named explicitly in our official capacities in this litigation,” reads the legal filing.

Secretary LaRose played political games with the ballot language approval process by drafting language that purposely deceives and misleads voters on the Citizens Not Politicians anti-gerrymandering constitutional amendment. 

EDITOR’S NOTE: The Answer filed Wednesday afternoon by Rep. Upchurch and Senator Hicks-Hudson is attached here.