Ohio voters could decide the fate of a commonly used legal protection for Ohio police officers and other government employees. The Ohio Attorney General’s Office has certified the petition summary for a proposed constitutional amendment that, if approved by voters, would strip away what is known as “qualified immunity”.

Qualified immunity currently shields government officials from liability in civil lawsuits unless their conduct violates clearly established statutory or constitutional rights, and there is often significant debate over what constitutes a "clearly established" right. Ending it could expose state and local government employees to greater legal accountability for actions they take while on duty.  

The certification follows a legal challenge where a federal court deemed Ohio's long-standing ballot initiative process unconstitutional. The U.S. Supreme Court recently declined to block that ruling, compelling the Attorney General's office to certify the petition summary, despite its objections to the language.

The proposed amendment aims to create a direct avenue for individuals to sue state government actors for monetary damages when their state constitutional rights are violated. It explicitly states that qualified immunity would not be a valid defense in such cases. Supporters of ending qualified immunity argue it is essential for ensuring accountability and deterring misconduct by those in positions of power. Opponents often raise concerns about potential frivolous lawsuits and the impact on public officials' ability to do their jobs effectively.

The legal case leading to this point, Cynthia Brown, et al. v. David Yost, Ohio Attorney General, centered on the First Amendment rights of the amendment's proponents. They argued that the Attorney General's required certification of their summary as "fair and truthful" infringed upon their free speech.

Attorney General David Yost said in a news release that his office plans to work with legislators to change Ohio’s ballot initiative process.

If the amendment gathers enough signatures to be placed on the ballot and is subsequently passed by voters, it would change the way legal accountability is applied to public officials in the state.