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Ohio Attorney General Yost must stop blocking proposed ban on police immunity

Ohio Attorney General Dave Yost has been instructed to advance a proposed constitutional amendment that would end qualified immunity for police officers and other government employees.

COLUMBUS, Ohio — Federal judges have ordered Ohio Attorney General Dave Yost to stop blocking a bill asking voters to ban qualified immunity for police officers and other government employees, but he intends to appeal, he said Thursday.

Yost said he would seek review by the U.S. Court of Appeals for the 6th Circuit in Cincinnati after a divided panel announced its decision on Wednesday, overturning a lower federal court ruling. The constitutional amendment would end immunity that allows people to sue if they claim police officers or government employees violated their constitutional rights.

The panel directed the Republican attorney general to refer the proposal to Ohio’s Republican-majority Board of Elections, which will decide whether it includes one or more constitutional amendments. Once that’s cleared, organizers could begin collecting about 413,000 valid signatures from registered voters needed to qualify. They have until July 3 to submit their petitions to get the question on the Nov. 5 ballot.

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Yost has repeatedly rejected the proposed petition summary, saying it was not a fair and accurate representation of the measure’s impact. The panel found that his actions placed a “heavy burden” on organizers when it came to communicating with voters and meeting the filing deadline. They also rejected Yost’s argument that the case belongs in the Ohio Supreme Court.

Yost’s office issued a statement Thursday noting that the appeals court has not yet ruled on whether its summary decision was correct. They said the motion for a full judicial review would likely be filed Friday.

“If Attorney General Yost’s decision was correct, then the panel’s order presents voters with an unfair, untruthful summary,” said Bethany McCorkle, communications director for the office. “Ohio has a compelling interest in a fair and truthful process.”

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