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SCHMITT v. LAROSE

No. 19-3196.

933 F.3d 628 (2019)

William T. SCHMITT; Chad Thompson; Debbie Blewitt, Plaintiffs-Appellees, v. Frank LAROSE, Ohio Secretary of State, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 7, 2019.

Attorney(s) appearing for the Case

ARGUED: Benjamin M. Flowers , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellant. Mark R. Brown , CAPITAL UNIVERSITY LAW SCHOOL, Columbus, Ohio, for Appellees. ON BRIEF: Benjamin M. Flowers , Michael J. Hendershot , Stephen P. Carney , OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellant. Mark R. Brown , CAPITAL UNIVERSITY LAW SCHOOL, Columbus, Ohio, Mark G. Kafantaris , Columbus, Ohio, for Appellees.

WHITE, J., delivered the opinion of the court in which CLAY, J., joined, and BUSH, J., joined in part. BUSH, J. (pp. 642-51), delivered a separate opinion concurring in part and in the judgment.

OPINION

Plaintiffs William T. Schmitt and Chad Thompson submitted proposed ballot initiatives to the Portage County Board of Elections that would effectively decriminalize marijuana possession in the Ohio villages of Garrettsville and Windham. The Board declined to certify the proposed initiatives after...

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