The nuclear industry's violent assault on democracy in Ohio has taken a surreal leap. It could seriously impact whether Donald Trump will carry this swing state-and the nation-in 2020.
Ohio's GOP secretary of state has now asked the Ohio Supreme Court NOT to provide a federal judge with answers about key procedural questions surrounding the state's referendum process.
The short-term issue is about a billion-dollar bailout for two nuke reactors and two coal burners.
Long-term it asks whether targeted violence perpetrated by paid thugs will now define our election process. And whether the public referendum will remain a workable part of our democracy.
The battle starts with House Bill 6, the now-infamous billion-dollar nuke bailout approved by the corrupt, gerrymandered Ohio legislature in late July.
HB6 forces all Ohio ratepayers to subsidize two crumbling nukes on Lake Erie, along with two decrepit coal burners, one of them in Indiana. It helps underwrite 10 small solar farms, but undercuts much larger subsidies for other wind and solar facilities.
The Perry reactor east of Cleveland, and Davis-Besse near Toledo, are among the world's most dangerous, decrepit reactors. Both were set to shut because they cannot compete with wind and solar, as well as fracked gas.
But Akron-based FirstEnergy spent millions to "persuade" the legislature to hand them a billion dollars to keep their uncompetitive, uninsured and essentially unregulated reactors on line.
When the bailout passed, a statewide group called Ohioans Against Corporate Bailouts turned in a petition for a repeal referendum on the 2020 ballot. The law allows 90 days for referendum sponsors to gather signatures to get on the ballot. In this case 265,711 would be required.
Ohio's Attorney General David Yost sat on the request for 19 days, then rejected it. OACB filed a second application, which the AG sat on for another 19 days before approving it.
That left the petitioners just 52 days to gather signatures.
But signature gatherers were immediately attacked with violent threats and bribery offers. In the field, they (and potential signatories) were physically assaulted by "blockers" hired by the nuclear industry. Sworn testimony about these attacks was filmed at a public gathering in Columbus and can be seen here:
Bailout opponents then went to federal court to ask that the 38 days consumed by the AG be restored to the petition campaign, which came up short at the 90-day deadline. A federal judge asked for guidance from the Ohio Supreme Court and submitted five questions for the Justices to answer.
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