The Ohio Ballot Board on Monday rejected the claims in a lawsuit accusing its Republican members of trying to insert “biased and deceptive” language onto ballots to mislead voters about Issue 1, the proposed constitutional amendment intended to end gerrymandering.

Those Republicans — Secretary of State Frank LaRose, who chairs the Ballot Board; State Sen. Theresa Gavarone; and William N. Morgan — “deny that the ballot language adopted by the Ballot Board is flawed,” according to a brief filed in the Ohio Supreme Court by State Attorney General Dave Yost, who represents the board in legal matters.

The case stems from the Aug. 16 meeting of the ballot board, which decides on the language that will appear on printed ballots to describe the effects that a constitutional amendment will have. The amendments themselves are usually much too long to appear on a ballot.

The coalition behind the proposed amendment, Citizens Not Politicians (CNP), suggested language for the ballot. But instead the board voted 3-2, along party lines, to adopt a much longer summary prepared by LaRose’s staff. Days later, CNP filed a suit with the Ohio Supreme Court, alleging that the adopted language is “biased and deceptive” (examples are explained here).

The brief filed on Monday did not explain why the Ballot Board rejected CNP’s proposed ballot language.

Issue 1 is intended to end gerrymandering in Ohio, the practice of drawing political district boundaries in ways that benefit one party over another, by barring elected officials from the process. Gov. Mike DeWine and other state Republicans have spoken out against it.

Also on Monday, the Campaign Legal Center filed a brief of amicus curiae (“friend of the court”). An amicus brief is a way for individuals or organizations who are not part of a case to offer their opinions for the judge or judges to consider. Campaign Legal Center is a nonpartisan voter advocacy group based in Washington, D.C.

In its brief, the Campaign Legal Center argued that Ohio voters will not understand Issue 1 “unless this Court orders the Ohio Ballot Board and Secretary of State LaRose to correct the current misleading, deceptive, and factually inaccurate ballot language …”

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