Post by carolinem on Dec 30, 2006 22:40:39 GMT -5
Greetings,
At a recent telephone conference organized by CURE representative, Kunta Kenyatta, members from several prison justice organizations discussed an interest in coordinating an initiative to abolish the Ohio death penalty.
A face-to-face meeting of activists from across the state has been
proposed, with the aim of coordinating our strategies. We'd like to discuss letter writing campaigns, petition drives, and other ideas.
For example, should our aim be a call for a moratorium, or rather a referendum on the Ohio ballot to support life and permanently end the death penalty? If there are out-of-state folks on the list who have experience in lobbying against the death penalty, you're welcome to also contribute your thoughts.
WHEN AND WHERE would activists hold such a meeting? Send
your suggestions in to Prisonersolidarity and we'll repost your
thoughts to the listserv. Our agreed aim is to meet on a SATURDAY in FEBRUARY 2007. Would you like to volunteer to host the gathering? We will send an update as soon as we hear back
from people.
A summary of some of the other topics discussed during the telephone conference follows below:
Katherine Soltis has drafted three variations of a petition to send
Gov.-elect Ted Strickland, Lieutenant Governor elect Lee Fisher and Attorney General-elect Marc Dann. See below.[1]
You may contact Katherine Soltis at kssoltis@yahoo. com
CURE Ohio's Kunta Kenyatta has contacted a number of lawyers
who specialize in capital punishment cases. He received a proposal by Toledo Attorney Richard Kerger to start a referendum campaign to make capital punishment unlawful in Ohio.[2]
You may contact Kunta at kkenyatta05@ sprintpcs. com
You may contact Rick Kerger at Rickkerger@kergerke rger.com
Attorney Staughton Lynd's has provided information about the
Statewide Referendum Procedure. See [3]. You may contact S. Lynd at salynd@aol.com
In honor of Dr. Martin Luther King, Jr.'s birthday, the Cleveland
Lucasville Five Defense Committee, the Youngstown Prison Forum
and LOOP (Loved Ones Of Prisoners) is co-sponsoring a "Stop
The Executions!" vigil at the gates of the Ohio State Penitentiary
(OSP) on Sunday, Jan. 14, at 2 - 4 PM. The rally will be in
Youngstown, at 878 Coitsville-Hubbard Rd.
For more information, see [4].
You may also contact Sharon Danann at the Peoples Fightback
Center: pfcenter@sbcglobal. net
best,
Daniel Sturm
APPENDIX
[1] PROPOSED CONSTITUTIONAL AMENDMENT TO MAKE
CAPITAL PUNISHMENT UNLAWFUL
It is hereby proposed that Ohio Constitution Article I, Section 9,
be amended as follows:
All persons shall be bailable by sufficient sureties, except for a
person who is charged with a capital offense where the proof is
evident or the presumption great, and except for a person who is
charged with a felony where the proof is evident or the
presumption great and where the person poses a substantial
risk of serious physical harm to any person or to the community.
Where a person is charged with any offense for which the person
may be incarcerated, the court may determine at any time the
type, amount, and conditions of bail. Excessive bail shall not be
required; nor excessive fines imposed; nor cruel and unusual
punishments inflicted, and the infliction of capital punishment
is prohibited.
The General Assembly shall fix by law standards to determine
whether a person who is charged with a felony where the proof
is evident or the presumption great poses a substantial risk of
serious physical harm to any person or to the community.
Procedures for establishing the amount and conditions of bail
shall be established pursuant to Article IV, Section 5(b) of the
Constitution of the state of Ohio. (1997 HJR 5, am. Eff. 1-1-98;
1851 constitutional convention, adopted eff. 9-1-1851)
Summary
The proposed amendment would eliminate the State's ability
to impose the death penalty.
Discussion
Studies have indicated that nearly 150 persons have been
released from Death Row when a subsequent investigation
proved beyond doubt that they were innocent from the crime
for which they have been convicted and sentenced to die. While
Ohio has a system intended to preserve and protect the rights of
defendants, the fact is that it cannot assure that only guilty
persons are convicted of capital crimes and subjected to a
death sentence. For the State to have a policy which permits
it to potentially subject innocent persons to the death penalty
is not acceptable. A sentence of life in prison without the
possibility of parole will protect the rest of Ohio's citizens
and serve as a more than adequate punishment of the
perpetrators. If these instances of subsequent review indicate
that the conviction has been wrongful, steps can be
taken to reverse it.
[2] PETITIONS
From: Katherine Soltis
Subject: [OTSE] Petitions
I have put together three slightly differing petitions we have
been using here in Cleveland: to Strickland, Fisher, and Dann.
(For now, they have temporary addresses; I will revise that info
and redo all three around the end of the year, when I can get
their permanent contact info.)
If anyone would like copies, please just e-mail back, and I'll
attach them to my reply to you.
One more point: Since Lee Fisher has a long (though rather
ambivalent) history with the death penalty, I am sending him
a copy of every Biros and Filiaggi petition that I send to
Strickland. I have urged all CCADP members to do the same.
Perhaps we should also copy Dann in each case.
Peace,
Kathy Soltis
Cleveland Coalition AD
[3] Statewide Referendum Procedure
Attached is a summary of the procedure required to put a
statewide referendum on the Ohio ballot. As you can see there
are two steps:
1. Written petition signed by 1000 electors is submitted to the
Secretary of State and Attorney General.
2. Within 90 days thereafter, signatures must be collected on
the petition that equal at least 6 per cent of the total vote cast
for governor at the most recent state election. There must be
signatures from each of 44 counties equal to at least 3 per cent
of the votes cast for governor at the most recent state election
in that county.
Staughton
Procedure for a Statewide Referendum
Note: This procedural outline is not designed to be relied upon
as the sole source of information. Petitioners must comply
with all applicable sections of the Ohio Constitution and the
Ohio Revised Code. Petitioners are encouraged to seek legal
counsel.
(Ohio Const. Art. II, sections 1, 1b, 1c, 1d, 1g; Art. XVI, section 1;
Revised Code sections 3501.05, 3501.38, 3501.381, 3501.382,
3503.06 & Chapter 3519.)
PURPOSE
A referendum is a method by which a law or section or item
of a law passed by the General Assembly can be submitted
as a statewide ballot issue to the voters for approval.
Matters Not Subject To Referendum (Art. II, sec. 1d, 1e)
Exempted from the referendum are:
· emergency laws necessary for the immediate preservation
of public peace, health or safety,
· tax levies, and
· appropriations for current expenses for state government
and state institutions.
These laws go into immediate effect.
AUTHORITY:
ACTION:
Committee for Petitioners (R.C. 3519.02)
Petitioners designate a committee of not less than three (3)
nor more than five (5) persons to represent them in all matters
relating to the petition.
Initial Filing With Attorney General & Secretary of State
(R.C. 3501.05, 3519.01, 3519.05)
Written petition signed by 1000 electors must be submitted
to the Secretary of State with the full text and summary of the
law or section of a law to be referred. Within ten days of
receiving the petition, the Secretary of State shall verify the
number of valid signatures and compare the full text of the
law or section of the law with the law on file with his office.
If the petition text is correct, the Secretary of State shall
so certify.
On the same day or within one business day before or after
the petition is filed with the Secretary of State, a copy of the
petition with the full text and summary of the law or section
of the law must be filed with the Attorney General. Within
ten (10) days of receiving the petition the Attorney General
certifies if, in his opinion, the summary is a fair and truthful
statement of the law or section of law to be referred.
Petition To Be Circulated (Art. II, Sec.1g; R.C. 3501.38,
3501.381, 3501.382, 3503.06, 3519.05)
Petitioners draw up the petition. It may be made up of part-
petitions, but all separate petitions shall be filed at one time as
one instrument. Each part-petition must have a copy of the title
and text of the law or section of law to be referred attached.
Circulator must be Ohio resident. Form 15 must be filed with
Secretary of State prior to circulating petition if entity or individual
is being compensated for supervising, managing or otherwise
organizing any effort to obtain signatures.
Signature Requirements (Art. II, Sec. 1c, R.C. 3519.14)
The total number of signatures on the petition must equal at least
six percent (6%) of the total vote cast for the office of governor at
the last gubernatorial election. The Secretary of State may not
accept for filing any initiative petition which does not purport to
contain at least the minimum number of signatures required.
Signature Distribution (Art. II, Sec.1g; R.C. 3519.14)
The signatures must have been obtained from at least 44 of the
88 counties of the state. From each of these 44 counties, there
must be signatures equal to at least three percent (3%) of the
total vote cast for the office of governor in that county at the
last gubernatorial election.
Signature Verification (R.C. 3519.10)
Each signer must be a qualified elector of the state. Each
part-petition must contain signatures of electors of only one
county. If a part-petition contains signatures of more than
one county, the Secretary of State determines the county
from which the majority of signatures came from, and only
signatures from that county will be counted.
Alteration (R.C. 3501.38)
Signatures may not be withdrawn after part-petitions are filed
with the Secretary of State.
Filing Deadline and Filing Fee (Art. II, Sec. 1c; R.C. 3501.05,
3513.10)
The petition must be filed with the Secretary of State within
ninety (90) days after the law or section of law to be referred
has been filed with the Secretary of State by the Governor. If
the petition is found to be valid, the law or section of law will
not go into effect unless it is approved by a majority of the
voters at the first regular or general election which occurs
more than sixty (60) days after the petition is filed. Petition
must be accompanied by filing fee of twenty-five dollars ($25).
Supplemental Petitions (Art. II, Sec. 1g)
The petition and signatures on such petition shall be presumed to
be in all respects sufficient, unless not later than forty (40) days
before the election, it shall be otherwise proved, and in such event
ten (10) additional days shall be allowed for the filing of additional
signatures.
Arguments (Art. II, Sec. 1g; Art. XVI, Sec. 1; R.C. 3519.03)
The committee named on the petition may prepare and file an
argument and/or explanation in opposition to the law or section
of law being referred not later than the eighth (80th) day before
the date of the election with the Secretary of State. If the
committee fails to prepare or timely file the argument and/or
explanation, the Secretary of State shall notify the Ohio Ballot
Board. The Ohio Ballot Board shall prepare or designate a
group to prepare the argument and/or explanation. The
argument and/or explanation must be filed with the Secretary
of State not later than seventy-five (75) days before the
election. The argument and/or explanation in favor of the
law or section of law being referred is prepared by persons
named by the General Assembly, if in session, or if not in
session, by the Governor. The argument and/or explanation
must be filed with the Secretary of State not later than
seventy-five (75) days before the election. The arguments
and/or explanations may not exceed 300 words.
At a recent telephone conference organized by CURE representative, Kunta Kenyatta, members from several prison justice organizations discussed an interest in coordinating an initiative to abolish the Ohio death penalty.
A face-to-face meeting of activists from across the state has been
proposed, with the aim of coordinating our strategies. We'd like to discuss letter writing campaigns, petition drives, and other ideas.
For example, should our aim be a call for a moratorium, or rather a referendum on the Ohio ballot to support life and permanently end the death penalty? If there are out-of-state folks on the list who have experience in lobbying against the death penalty, you're welcome to also contribute your thoughts.
WHEN AND WHERE would activists hold such a meeting? Send
your suggestions in to Prisonersolidarity and we'll repost your
thoughts to the listserv. Our agreed aim is to meet on a SATURDAY in FEBRUARY 2007. Would you like to volunteer to host the gathering? We will send an update as soon as we hear back
from people.
A summary of some of the other topics discussed during the telephone conference follows below:
Katherine Soltis has drafted three variations of a petition to send
Gov.-elect Ted Strickland, Lieutenant Governor elect Lee Fisher and Attorney General-elect Marc Dann. See below.[1]
You may contact Katherine Soltis at kssoltis@yahoo. com
CURE Ohio's Kunta Kenyatta has contacted a number of lawyers
who specialize in capital punishment cases. He received a proposal by Toledo Attorney Richard Kerger to start a referendum campaign to make capital punishment unlawful in Ohio.[2]
You may contact Kunta at kkenyatta05@ sprintpcs. com
You may contact Rick Kerger at Rickkerger@kergerke rger.com
Attorney Staughton Lynd's has provided information about the
Statewide Referendum Procedure. See [3]. You may contact S. Lynd at salynd@aol.com
In honor of Dr. Martin Luther King, Jr.'s birthday, the Cleveland
Lucasville Five Defense Committee, the Youngstown Prison Forum
and LOOP (Loved Ones Of Prisoners) is co-sponsoring a "Stop
The Executions!" vigil at the gates of the Ohio State Penitentiary
(OSP) on Sunday, Jan. 14, at 2 - 4 PM. The rally will be in
Youngstown, at 878 Coitsville-Hubbard Rd.
For more information, see [4].
You may also contact Sharon Danann at the Peoples Fightback
Center: pfcenter@sbcglobal. net
best,
Daniel Sturm
APPENDIX
[1] PROPOSED CONSTITUTIONAL AMENDMENT TO MAKE
CAPITAL PUNISHMENT UNLAWFUL
It is hereby proposed that Ohio Constitution Article I, Section 9,
be amended as follows:
All persons shall be bailable by sufficient sureties, except for a
person who is charged with a capital offense where the proof is
evident or the presumption great, and except for a person who is
charged with a felony where the proof is evident or the
presumption great and where the person poses a substantial
risk of serious physical harm to any person or to the community.
Where a person is charged with any offense for which the person
may be incarcerated, the court may determine at any time the
type, amount, and conditions of bail. Excessive bail shall not be
required; nor excessive fines imposed; nor cruel and unusual
punishments inflicted, and the infliction of capital punishment
is prohibited.
The General Assembly shall fix by law standards to determine
whether a person who is charged with a felony where the proof
is evident or the presumption great poses a substantial risk of
serious physical harm to any person or to the community.
Procedures for establishing the amount and conditions of bail
shall be established pursuant to Article IV, Section 5(b) of the
Constitution of the state of Ohio. (1997 HJR 5, am. Eff. 1-1-98;
1851 constitutional convention, adopted eff. 9-1-1851)
Summary
The proposed amendment would eliminate the State's ability
to impose the death penalty.
Discussion
Studies have indicated that nearly 150 persons have been
released from Death Row when a subsequent investigation
proved beyond doubt that they were innocent from the crime
for which they have been convicted and sentenced to die. While
Ohio has a system intended to preserve and protect the rights of
defendants, the fact is that it cannot assure that only guilty
persons are convicted of capital crimes and subjected to a
death sentence. For the State to have a policy which permits
it to potentially subject innocent persons to the death penalty
is not acceptable. A sentence of life in prison without the
possibility of parole will protect the rest of Ohio's citizens
and serve as a more than adequate punishment of the
perpetrators. If these instances of subsequent review indicate
that the conviction has been wrongful, steps can be
taken to reverse it.
[2] PETITIONS
From: Katherine Soltis
Subject: [OTSE] Petitions
I have put together three slightly differing petitions we have
been using here in Cleveland: to Strickland, Fisher, and Dann.
(For now, they have temporary addresses; I will revise that info
and redo all three around the end of the year, when I can get
their permanent contact info.)
If anyone would like copies, please just e-mail back, and I'll
attach them to my reply to you.
One more point: Since Lee Fisher has a long (though rather
ambivalent) history with the death penalty, I am sending him
a copy of every Biros and Filiaggi petition that I send to
Strickland. I have urged all CCADP members to do the same.
Perhaps we should also copy Dann in each case.
Peace,
Kathy Soltis
Cleveland Coalition AD
[3] Statewide Referendum Procedure
Attached is a summary of the procedure required to put a
statewide referendum on the Ohio ballot. As you can see there
are two steps:
1. Written petition signed by 1000 electors is submitted to the
Secretary of State and Attorney General.
2. Within 90 days thereafter, signatures must be collected on
the petition that equal at least 6 per cent of the total vote cast
for governor at the most recent state election. There must be
signatures from each of 44 counties equal to at least 3 per cent
of the votes cast for governor at the most recent state election
in that county.
Staughton
Procedure for a Statewide Referendum
Note: This procedural outline is not designed to be relied upon
as the sole source of information. Petitioners must comply
with all applicable sections of the Ohio Constitution and the
Ohio Revised Code. Petitioners are encouraged to seek legal
counsel.
(Ohio Const. Art. II, sections 1, 1b, 1c, 1d, 1g; Art. XVI, section 1;
Revised Code sections 3501.05, 3501.38, 3501.381, 3501.382,
3503.06 & Chapter 3519.)
PURPOSE
A referendum is a method by which a law or section or item
of a law passed by the General Assembly can be submitted
as a statewide ballot issue to the voters for approval.
Matters Not Subject To Referendum (Art. II, sec. 1d, 1e)
Exempted from the referendum are:
· emergency laws necessary for the immediate preservation
of public peace, health or safety,
· tax levies, and
· appropriations for current expenses for state government
and state institutions.
These laws go into immediate effect.
AUTHORITY:
ACTION:
Committee for Petitioners (R.C. 3519.02)
Petitioners designate a committee of not less than three (3)
nor more than five (5) persons to represent them in all matters
relating to the petition.
Initial Filing With Attorney General & Secretary of State
(R.C. 3501.05, 3519.01, 3519.05)
Written petition signed by 1000 electors must be submitted
to the Secretary of State with the full text and summary of the
law or section of a law to be referred. Within ten days of
receiving the petition, the Secretary of State shall verify the
number of valid signatures and compare the full text of the
law or section of the law with the law on file with his office.
If the petition text is correct, the Secretary of State shall
so certify.
On the same day or within one business day before or after
the petition is filed with the Secretary of State, a copy of the
petition with the full text and summary of the law or section
of the law must be filed with the Attorney General. Within
ten (10) days of receiving the petition the Attorney General
certifies if, in his opinion, the summary is a fair and truthful
statement of the law or section of law to be referred.
Petition To Be Circulated (Art. II, Sec.1g; R.C. 3501.38,
3501.381, 3501.382, 3503.06, 3519.05)
Petitioners draw up the petition. It may be made up of part-
petitions, but all separate petitions shall be filed at one time as
one instrument. Each part-petition must have a copy of the title
and text of the law or section of law to be referred attached.
Circulator must be Ohio resident. Form 15 must be filed with
Secretary of State prior to circulating petition if entity or individual
is being compensated for supervising, managing or otherwise
organizing any effort to obtain signatures.
Signature Requirements (Art. II, Sec. 1c, R.C. 3519.14)
The total number of signatures on the petition must equal at least
six percent (6%) of the total vote cast for the office of governor at
the last gubernatorial election. The Secretary of State may not
accept for filing any initiative petition which does not purport to
contain at least the minimum number of signatures required.
Signature Distribution (Art. II, Sec.1g; R.C. 3519.14)
The signatures must have been obtained from at least 44 of the
88 counties of the state. From each of these 44 counties, there
must be signatures equal to at least three percent (3%) of the
total vote cast for the office of governor in that county at the
last gubernatorial election.
Signature Verification (R.C. 3519.10)
Each signer must be a qualified elector of the state. Each
part-petition must contain signatures of electors of only one
county. If a part-petition contains signatures of more than
one county, the Secretary of State determines the county
from which the majority of signatures came from, and only
signatures from that county will be counted.
Alteration (R.C. 3501.38)
Signatures may not be withdrawn after part-petitions are filed
with the Secretary of State.
Filing Deadline and Filing Fee (Art. II, Sec. 1c; R.C. 3501.05,
3513.10)
The petition must be filed with the Secretary of State within
ninety (90) days after the law or section of law to be referred
has been filed with the Secretary of State by the Governor. If
the petition is found to be valid, the law or section of law will
not go into effect unless it is approved by a majority of the
voters at the first regular or general election which occurs
more than sixty (60) days after the petition is filed. Petition
must be accompanied by filing fee of twenty-five dollars ($25).
Supplemental Petitions (Art. II, Sec. 1g)
The petition and signatures on such petition shall be presumed to
be in all respects sufficient, unless not later than forty (40) days
before the election, it shall be otherwise proved, and in such event
ten (10) additional days shall be allowed for the filing of additional
signatures.
Arguments (Art. II, Sec. 1g; Art. XVI, Sec. 1; R.C. 3519.03)
The committee named on the petition may prepare and file an
argument and/or explanation in opposition to the law or section
of law being referred not later than the eighth (80th) day before
the date of the election with the Secretary of State. If the
committee fails to prepare or timely file the argument and/or
explanation, the Secretary of State shall notify the Ohio Ballot
Board. The Ohio Ballot Board shall prepare or designate a
group to prepare the argument and/or explanation. The
argument and/or explanation must be filed with the Secretary
of State not later than seventy-five (75) days before the
election. The argument and/or explanation in favor of the
law or section of law being referred is prepared by persons
named by the General Assembly, if in session, or if not in
session, by the Governor. The argument and/or explanation
must be filed with the Secretary of State not later than
seventy-five (75) days before the election. The arguments
and/or explanations may not exceed 300 words.