ZEIGER, TIGGES 8c LITTLE LLP ATTORNEYS AT LAW TELEPHONE: (614) 365-9900 (614) 365-4101 FACSJMILE: (614) 365-7900 3500 HUNTINGTON CENTER DIRECT 41 SOUTH HIGH STREET COLUMBUS. OHIO 43215 August 1, 2019 VIA HAND DELIVERY Michael Grodhouse, Esq. Matthew C. McDonnell, Esq. Chief Legal Counsel Deputy Chief Legal Counsel Ohio Secretary of State Ohio Secretary of State 180 East Broad St., 16th Floor 180 East Broad St., Floor Columbus, Ohio 43215 Columbus, Ohio 43215 Re: Proposed Referendum on H.B. 6 Gentlemen: I enclose a copy of our Firm?s research memorandum concluding that: H.B. 6 is a ?law providing for a tax levy? that is excepted from referendum under Article II, Section 1d of the Ohio Constitution; and (2) the Secretary of State therefore has a clear legal duty pursuant to RC. 3501 to reject the Referendum Petition on H.B. 6. I am glad to discuss this research further at your convenience. Two cases that have been mentioned do not impact our analysis as they are simply inapplicable to the present issue. I In State ex rel. LetOhio Voteorg v. Brunner, 123 Ohio St.3d 322 (2009), the Supreme Court held that the video-lottery-terminal provisions of 2009 H.B. 1 were subject to referendum because those provisions were not appropriations for the current expenses of the state government. In contrast, the recently enacted H.B. 6 is clearly a ?law providing for a tax levy? and, thus, is not subject to referendum. In State ex rel. Ohioans for Fair Districts v. Hasted, 130 Ohio St.3d 240 (2011), the Court held that the provisions of 2011 H.B. 319 establishing new congressional districts in Ohio were subject to referendum because those provisions were not appropriations for current expenses of the state government. In contrast, here, H.B. 6 is plainly a law imposing a tax levy that is mt subject to referendum. Nothing in either of these two decisions diminishes the Secretary of State?s clear legal duty to reject a referendum petition where, as here, it seeks to refer a law that is plainly and persuasively a law providing for a tax levy that is exempt from a referendum under Article II, Section 1d of the Ohio Constitution. ZEIGER, TIGGES 8c LITTLE LLP Please do not hesitate to contact me if I can be of further assistance. Very truly yours, ago John W. Zeiger Encl. 1207-001:823575