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|CHAD THOMPSON; WILLIAM T. SCHMITT; DON
RICHARD MICHAEL DEWINE, in his official capacity as
the Governor of Ohio; STEPHANIE B. MCCLOUD, in her
official capacity as Director of Ohio Department of
Health; FRANK LAROSE, in his official capacity as
Ohio Secretary of State,
| No. 21-3514|
Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 2:20-cv-02129—Edmund A. Sargus, Jr., District Judge.
Decided and Filed: August 6, 2021
Before: SUTTON, Chief Judge; McKEAGUE, and NALBANDIAN, Circuit Judges.
PER CURIAM. This is the third time we have seen this case. Plaintiffs are three
Ohioans who, during the 2020 election, tried to get initiatives to decriminalize marijuana on local
ballots. To do so, they had to comply with Ohio’s ballot-access laws. Those laws impose
various requirements on an initiative’s proponents, including submitting a petition with a
minimum number of ink signatures witnessed by the petition’s circulator.
Plaintiffs say the laws, as applied during the COVID-19 pandemic, made it too difficult
for them to get any of their initiatives on 2020 ballots. So they sued for declaratory and
injunctive relief. But plaintiffs tied their requests for relief exclusively to the November 2020
election. That election has come and gone—and with it the prospect that plaintiffs can get any of
the relief they asked for. This case is thus moot. We VACATE the district court’s order
dismissing plaintiffs’ complaint and REMAND with instructions to dismiss the case as moot.