Petition Challenges

(A) General To invoke the original jurisdiction of the Supreme Court pursuant to Article II, (1) Section 1g of the Ohio Constitution, for the purpose of challenging an initiative, supplementary, or referendum petition or the signatures upon such petition, a party shall file a challenge with the Clerk of the Supreme Court. The challenge shall meet both of the following requirements: (a) It shall designate on the cover page that it challenges an initiative, supplementary, or referendum petition pursuant to Article II, Section 1g of the Ohio Constitution. It shall contain a statement of the reasons for the challenge and a specific (b) statement of facts upon which the challenge is based. (2) The party filing a challenge shall be referred to as the relator. The secretary of state and the party submitting the petition that is the subject of the challenge shall be referred to as the respondents. (B) Burden of relator The relator shall have the burden of demonstrating by a preponderance of the evidence that the petition or signatures thereon do not comply with applicable law. (C) Applicable rules In all challenge proceedings filed under this rule, these rules shall govern the (1) procedure and the form of all documents. (2) The Ohio Rules of Civil Procedure and the Ohio Rules of Evidence, including those related to depositions, interrogatories, requests for production of documents, and subpoenas, shall supplement these rules unless clearly inapplicable. Where these rules conflict with the Ohio Rules of Civil Procedure or the Ohio Rules of Evidence, these rules shall control. (D) Procedure The Clerk of the Supreme Court shall issue a summons and serve a copy of the challenge by certified mail sent to the address of the respondent as indicated on the cover page of the challenge. The summons shall inform the respondent of the time to respond to the challenge. 79 (E) Reference to a master commissioner; oral argument (1) The Supreme Court may refer challenge actions to a master commissioner for any purpose, including resolving discovery disputes and conducting hearings for the presentation of evidence. (2) The Supreme Court may also order oral argument before the court. (F) Power of Supreme Court In a challenge to an initiative, supplementary, or referendum petition brought under Article II, Section 1g of the Ohio Constitution, the Supreme Court may do all things necessary for an efficient and timely ruling on the challenge. The Supreme Court may sua sponte, or on motion by a party, issue a procedural order to govern the receipt of evidence, filing of briefs, conduct of hearings, and manner for ruling on any challenges. (G) Service All documents filed under this rule, except those filed to institute a case, shall be served by personal service, or e-mail on the date of the documents’ submission for filing. Effective Date: January 1, 2010 Amended: January 1, 2013; September 24, 2021; January 1, 2023; April 1, 2025