AHF: Committee Sues Jon Husted, Ohio Secretary of State, Over Voter Signatures on Drug Price Ballot Measure

AHF sues to restore voter signatures in support of a ballot measure to lower drug prices for state programs in Ohio

Legal action, filed as a Complaint in Original Action in Mandamus with the Supreme Court of Ohio today over improper rejection of voter signatures by Secretary Husted, seeks to restore the signatures on a ballot measure intended to lower drug prices for state programs in Ohio.

The Court had previously dismissed, without prejudice, a lawsuit seeking restoration of the voter signatures, writing at the time that the lawsuit was “premature,” pending the resolution of a separate, but related OSC lawsuit brought by PhRMA seeking to invalidate voter signatures on the ballot measure.

The Supreme Court of Ohio issued a ruling in the PhRMA case denying most of PhRMA’s claims and objections on the signatures; however, one part of the ruling now compels backers of the Ohio Drug Price Relief Act to collect an additional 5,044 voter signatures by August 25^th—making the backers’ prior legal action to restore the voter signatures urgent, and no longer “premature.”

August 22, 2016  --(BUSINESS WIRE)--Members of the citizens’ committee sponsoring the Ohio Drug Price Relief Act filed a new legal action (Case No. 2016-1235) today with the Supreme Court of Ohio against Ohio Secretary of State Jon Husted over voter signatures in support of a ballot measure to lower drug prices for state programs in Ohio that backers allege were unlawfully invalidated by Secretary Husted earlier this year.

The legal action was filed as a Complaint in Original Action in Mandamus with the Supreme Court of Ohio .

The Supreme Court of Ohio had previously dismissed (without prejudice) a lawsuit by members of the drug pricing ballot measure citizens’ committee that was seeking restoration of the voter signatures, writing at the time that the backers’ lawsuit was “premature,” pending the resolution of a separate, but related lawsuit brought in the SCO by PhRMA (the Pharmaceutical Research and Manufacturers Association, the lobbying association of large drug manufacturers) in conjunction with the Ohio Manufacturers’ Association seeking to invalidate voter signatures on the ballot measure.

On Monday, the Supreme Court of Ohio issued a ruling in the PhRMA case denying most of PhRMA’s claims and objections on the signatures; however, one part of the ruling now compels backers of the Ohio Drug Price Relief Act to collect an additional 5,044 voter signatures by August 25^th—making the citizens’ committee’s prior legal action to restore the signatures urgent, and no longer “premature.”

In its lawsuit, the Ohio drug pricing advocates assert:

“The instant action is a re-filing of State ex rel. Tracy L. Jones, et al. v. Jon Husted, et al., Case No. 2016-455, but is more limited in scope based on the Court’s August 15, 2016 decision in Ohio Mfrs. Assn. v. Ohioans for Drug Price Relief Act, Slip Opinion No. 2016-Ohio-5377 which invalidated 10,303 signatures from the petition proposing the Ohio Drug Price Relief Act to the General Assembly (“the Petition”), leaving the Petition 5,044 signatures below the constitutionally required threshold. However, the Court in Ohio Mfrs. Assn. also held that it is improper to invalidate part-petitions because they contain signatures crossed out by someone other than the circulator, signer, or signer’s attorney-in-fact. The instant action seeks to recover such signatures that were rejected by Respondent and various county boards of elections. The recovery of these signatures would more than make up the deficiency and further would moot the portion of the Court’s decision that “[i]f the secretary certifies enough valid signatures, then he shall resubmit the initiative to the General Assembly, in accordance with the terms of the Ohio Constitution, Article ii, Section 1b.” Id. at ¶47.”

The Ohio Drug Price Relief Act will amend Ohio law to require state programs to pay the same or less for prescription medications as the U.S. Department of Veterans Affairs¹.

Backers intended to have the initiative appear on Ohio’s November 2016 presidential election ballot, but obstructionist—and backers believe, illegal—moves by Secretary of State Husted have forced the ballot measure proponents to aim for the November 2017 Ohio ballot instead.

“Secretary of State Jon Husted rode roughshod over local County Board of Elections that twice certified voter signatures for the Ohio Drug Price Relief Act when he eliminated those signatures, an act that thwarted attempts to get this measure before voters and on the ballot in Ohio,” said Michael Weinstein, President, AIDS Healthcare Foundation, the sponsor and primary funder of the measure.

“Now, Monday’s Supreme Court ruling in the PhRMA case forces backers to gather an additional 5,044 signatures by August 25^th in order to compel Secretary Husted to transmit the proposed law to the Ohio legislature, as legally required under the Ohio Constitution. However, the ruling also appears to overturn Husted’s invalidation of more than 20,000 signatures previously thrown out by him.

The committee is now suing to get further clarity from the court and restore those other signatures—which are more than enough to force Husted to advance this measure for consideration and possible action by the Ohio legislature as the next step in the process of ultimately bringing this drug pricing issue before Ohio voters in ballot measure form in November 2017.”

AIDS Healthcare Foundation (AHF), the largest global AIDS organization, currently provides medical care and/or services to over 614,000 individuals in 36 countries worldwide in the US, Africa, Latin America/Caribbean, the Asia/Pacific Region and Eastern Europe. To learn more about AHF, please visit our website: www.aidshealth.org, find us on Facebook:www.facebook.com/aidshealth and follow us on Twitter: @aidshealthcare and Instagram:@aidshealthcare

¹ V.A. pricing is generally believed to be 20% to 24% lower than for almost any other government program.

AHF to Submit 550,000 Signatures for 2016 Drug Pricing Ballot Measure in California

LOS ANGELES--(BUSINESS WIRE)--Oct 29, 2015--Drug pricing advocates affiliated with AIDS Healthcare Foundation (AHF) announce they will file close to 550,000 signatures of registered California voters with state election officials by Monday, November 2 nd in order to qualify The California Drug Price Relief Act, a statewide ballot initiative that will revise California law to require state programs to pay no more for prescription medications than the prices negotiated by the U.S. Department of Veterans Affairs. 

The V.A. generally pays 20% to 24% less than any government program. The advocates intend to qualify the measure for the November 2016 presidential election ballot in California.

Separately, advocates from AHF and ‘Ohioans for Fair Drug Prices’ have been collecting voter signatures in Ohio for a similar drug pricing ballot measure since mid-August. 

State officials approved petition language in early August. Both the California and Ohio measures are expected to qualify for, and appear on the November 2016 presidential election ballots in their respective states.

The California Drug Price Relief Act

To qualify the California measure, 365,880 valid signatures of registered voters are needed (5% of all votes cast for governor in the most recent statewide election, which was held in November 2014). 

However, as a cushion, advocates, who began collecting signatures in early April, will continue to collect signatures up until the October filing deadlines. Signatures are to be submitted to the respective counties statewide, and after signature certification, the ballot measure is expected to be placed on the November 2016 California ballot.

“As of August 16 th, we had already collected enough signatures to qualify our California ballot measure, which, when passed by voters in November 2016, will compel state officials to obtain V.A. pricing—by far, the lowest pricing available to any government agency—for the purchase of prescription drugs for use in state programs,” said Michael Weinstein, president of AIDS Healthcare Foundation and one of the citizen proponents of the California measure. 

“If California—and Ohio—are able to pay the same prices for prescription drugs as the amounts paid by the United States Department of Veterans Affairs, it would result in significant savings to taxpayers. These ballot initiatives are necessary and appropriate to address public concern about runaway drug pricing.”

“Nationally, prescription drug spending increased more than 800 percent between 1990 and 2013, making this one of the fastest-growing segments of health care,” said Tracy Jones, Executive Director of the AIDS Taskforce of Greater Cleveland and one of the citizen proponents of the Ohio measure. 

“Spending on specialty medications, in particular, such as those used to treat HIV/AIDS, Hepatitis C, and cancers, are rising faster than other types of medications. In 2014 alone, total spending on specialty medications increased by more than 23 percent. 

"And although Ohio has engaged in efforts to reduce prescription drug costs through rebates, drug manufacturers are still able to charge the state more than other government payers for the same medications, resulting in a dramatic imbalance that must be rectified. 

"That is why we are mounting this initiative, bringing the critical issue to legislators and, if necessary, directly to Ohio voters if the legislature fails to act.”

The Ohio Drug Price Relief Act

On August 3 rd, Ohio Attorney General Mike DeWine approved petition language for a similar drug pricing ballot initiative in Ohio seeking Department of Veterans Affairs pricing for state programs. On August 13th, the Ohio Ballot Board approved the proposed statute as a single issue. As a result, that measure, backed by AHF and Ohioans for Fair Drug Prices, was cleared for signature gathering—an effort that will begin in earnest today in Ohio.

According to the Cleveland.com website (the Northeast Ohio Media Group), “ Supporters can now begin collecting the 91,677 signatures of registered Ohio voters required to put the issue before the Ohio General Assembly. 

State lawmakers would then have four months to act on the legislation. If they reject or change the proposed law, supporters then have the chance to collect another 91,677 signatures to put the issue before voters.”

According to the Ohio petition language, “The Ohio Drug Price Relief Act would enact Section 194.01 of the Ohio Revised Code to require that notwithstanding any other provision of law and in so far as permissible under federal law, the State of Ohio shall not enter into any agreement for the purchase of prescription drugs or agree to pay, directly or indirectly, for prescription drugs, including where the state is the ultimate payer, unless the net cost is the same or less than the lowest price paid for the same drug by the U. S. Department of Veterans Affairs.”

AIDS Healthcare Foundation (AHF), the largest global AIDS organization, currently provides medical care and/or services to over 492,000 individuals in 36 countries worldwide in the US, Africa, Latin America/Caribbean, the Asia/Pacific Region and Eastern Europe. 

To learn more about AHF, please visit our website: www.aidshealth.org, find us on Facebook: www.facebook.com/aidshealth and follow us on Twitter: @aidshealthcare and Instagram: @aidshealthcare