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Is it legal for elected or appointed boards to override decisions by the voters?

Within each state there are a number of elected and appointed boards to make necessary decisions regarding issues facing their state economy.  The balance of these boards is important to have proper decisions made important to their specific state.  Today there was a report that projected actions by a state legislature intends to replace individuals who are not in agreement with its position on a specific issue.  The issue involves whether to expand Medicaid within the state.  While the state involved is Ohio the question of whether to expand Medicaid was answered by the voters.  There answer was no.

There is a distinct principle involved in this particular issue.  It is questionable at best whether projected actions by a member of the state legislature as has been reported to replace individuals on the board who must make the decision to expand Medicaid or not.  The intended action appears to be to replace individuals who will vote against expanding Medicaid within the state of Ohio.

This brings up two questions one of which may need a court to decide if action to expand Medicaid takes place.  Does any state board whether elected or appointed have the legal authority to override decisions made by the voters.  Voters in any state make decisions regarding issues and when they make a decision it should stand without further action by the state.  No individual anywhere, in my opinion has the right or authority to override decisions of the voters regardless of the issue involved.  It is a disregard for the will of the people.

Like the federal government state governments only have the authority given it by the voters through the election process.  The Constitution of each state can be changed but only by a vote of the people.  There is a process in place in many if not all states where decisions by voters can be reversed but the legal process is through what is called a referendum to place an issue on the ballot.  Such action did take place in Ohio where voters reversed a decision they had made in a previous election.  It happened through a movement by a group of individuals who were not satisfied with the decision and obtained the signatures required to place it on the ballot.

Government today whether it is a state or federal government should respect the

decisions made by voters.  When voters make decisions regarding issues in a state election the decisions should be final and no legislative action or board action which reverses the decisions should be accepted by the courts.  The rule of law within a state or within the country should not only be respected but accepted by all parties regardless of the political affiliation.  Changes in decisions by voters should be properly be made through the election process.  Elected or appointed officials need to respect the decisions of voters and take no further action.  With regards to the Medicaid expansion issue the voters have made their decision.  It should not even come up for a vote by any board whether elected or appointed.   Our election process is well structured where individuals can take action when they disagree with decisions made by government.  No board whether elected or appointed should be given any authority to override decisions made by the voters.

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Dennis AuBuchon

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