 Posted: Fri Sep 12, 2008 10:50 am Subject: Ohio Signatures may be tossed out |
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| Quote: | Secretary of State Jennifer Brunner said yesterday she will appoint a hearing officer to help determine if a number of signatures submitted by payday lenders should be tossed out because a form was not properly filed.
The decision came in response to a letter sent to Brunner this week by the Yes on Issue 5 campaign, asking that she immediately toss out all petitions collected by California-based Arno Political Consultants, one of the firms used to gather names.
Maria Armstrong, legal counsel for the campaign, wrote that Arno supervisors apparently did not file what is known as Form 15, a required filing under Ohio law that details anyone who is getting paid to supervise or organize a signature-gathering effort for a statewide referendum.
"At minimum, those part-petitions listing Arno as the employers must be deemed invalid," Armstrong wrote.
Payday lenders are attempting to qualify a referendum for the ballot that would partially overturn a new law imposing tough regulations on the short-term lenders. To make the ballot, the group Ohioans for Financial Freedom needs 241,366 valid signatures. On Aug. 30, the group turned in about 422,000.
Brunner wrote that she could not, based on the allegations, invalidate the petitions -- at least not yet.
"Your allegations must be proved to a degree sufficient to invoke the authority found in (state law)," Brunner wrote. "Rather, I accept your letter as a protest."
Brunner said she would appoint a hearing officer to hear the protest and recommend a course of action. She said a final decision would be reached by Sept. 25.
Arno apparently collected signatures in several counties, though the exact number of signatures is not known.
"The purpose of requiring the filing of these forms is to help ensure that voters know who is trying to influence them," said Sandy Theis, spokeswoman for Yes on Issue 5. "We're not surprised that Arno is apparently trying to hide from the voters."
This marks the latest dustup over the payday lenders' efforts to reach the ballot. In July, lenders accused Attorney General Nancy H. Rogers of improperly delaying their petition gathering effort by not approving their petition summary language. More recently, the anti-lender group has accused petition circulators of using misleading and deceptive tactics to get people to sign.
If it makes the ballot, a "yes" vote would restrict payday lenders to a maximum 28 percent annual interest rate, with a $15 origination fee. A "no" vote allows lenders to charge 391 percent annual interest ($15 per $100 on a two-week loan).
The anti-payday group also filed a designation of treasurer with the secretary of state's office yesterday, making it an official political committee. It also came up with a mouthful of a new name: Is 391% Too High? Vote Yes on 5 Committee. |
source: http://www.dispatchpolitics.com/live/content/local_news/stories/2008/0 9/12/payday13.html?adsec=politics&sid=101
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Ryan_N
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