Ohio Issue 1, 60% Vote Requirement to Approve Constitutional Amendments Measure (2023)
Ohio Issue 1 | |
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Election date August 8, 2023 | |
Topic Direct democracy measures | |
Status Defeated | |
Type Constitutional amendment | Origin State legislature |
Ohio Issue 1, the 60% Vote Requirement to Approve Constitutional Amendments Measure, was on the ballot in Ohio as a legislatively referred constitutional amendment on August 8, 2023. Issue 1 was defeated.
A "yes" vote supported amending the Ohio Constitution to:
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A "no" vote opposed amending the Ohio Constitution, thus:
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Election results
Ohio Issue 1 |
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Result | Votes | Percentage | ||
Yes | 1,329,052 | 42.89% | ||
1,769,482 | 57.11% |
Reactions
The following is a selection of comments and reactions from supporters of Issue 1, opponents of Issue 1, and other commentators that seek to explain the rejection of Issue 1.
Supporters
- Secretary of State Frank LaRose (R): "Unfortunately, we were dramatically outspent by dark money billionaires from California to New York, and the giant ‘for sale’ sign still hangs on Ohio’s constitution. Ohioans will see the devastating impact of this vote soon enough. The radical activists that opposed Issue 1 are already planning amendments to shut parents out of a child’s life-altering medical procedure, force job killing wage mandates on small businesses, prevent law abiding citizens from protecting their families and remove critical protections for our first responders. I've said for months now that there’s an assault coming on our constitution, and that hasn't changed."[1]
- Senate President Matt Huffman (R-12), who was the co-chair of the campaign Protect Our Constitution : "I think it’s a question that was worth asking of the voters. There were some key folks on our side of the aisle, Republicans especially, who actively opposed this, some pretty vociferously, and then there were key Republicans who simply didn’t support it, who should have been doing so."[2] He also said, "One thing that hurt us in the election was the length of time of the campaign. Until May 10, we didn’t know there was a campaign. So it took us a long time to put the campaign together to execute the campaign." Senate President Huffman said legislators could attempt to pass a similar amendment in the future, "But perhaps not in the same kind of atmosphere that we have had over the past 10 or 12 months."[3]
- Susan B. Anthony Pro-Life America: "It is a sad day for Ohio and a warning for pro-life states across the nation. Millions of dollars and liberal dark money flooded Ohio to ensure they have a path to buy their extreme policies in a pro-life state. Tragically, some sat on the sideline while outsider liberal groups poured millions into Ohio. ... Sadly, attacks on state constitutions are now the national playbook of the extreme pro-abortion Left. That is why everyone must take this threat seriously and recognize progressives will win if their opponents are scared into submission by the pro-abortion Left. So long as the Republicans and their supporters take the ostrich strategy and bury their heads in the sand, they will lose again and again."[4]
Opponents
- One Person One Vote, which led the campaign in opposition to Issue 1: "Tonight was a major victory for democracy in Ohio. The majority still rules in Ohio, and the people’s power has been preserved – because Ohio voters showed up and overwhelmingly voted down Issue 1. Voters saw Issue 1 for what it was: a deceptive power grab designed to silence their voices and diminish their voting power. We defeated Issue 1 because an enormous coalition that spanned traditional ideological divides came together to defend democracy."[5]
- President Joe Biden (D): "Today, Ohio voters rejected an effort by Republican lawmakers and special interests to change the state’s constitutional amendment process. This measure was a blatant attempt to weaken voters’ voices and further erode the freedom of women to make their own health care decisions. Ohioans spoke loud and clear, and tonight democracy won."[6]
- Julie Chávez Rodríguez (D), election campaign manager for President Joe Biden: "The resounding rejection of Amendment 1 in Ohio is a victory for democracy, and a blow to special interests that wanted to limit Ohioans’ power at the ballot box. It speaks volumes that Ohioans showed up in an off-year, August election and their vote will help ensure that the people’s power isn’t diminished in forthcoming elections, including a critical referendum on whether women in Ohio will have the freedom to make their own health care decisions."[7]
- U.S. Sen. Sherrod Brown (D): “By rejecting Issue 1, Ohioans rejected special interests and demanded that democracy remain where it belongs — in the hands of voters, not the rich and powerful. That is what has always guided me. I am proud to stand with Ohioans in this fight.”[8]
Other
- Rick Hasen, law professor and editor of the Election Law Blog: "The abortion-related aspects of this certainly motivated many Ohio voters to turn out and vote in what otherwise might have been a sleepy August election." Hasen also said, "Voters don't like to have their voting rights taken away. The process of direct democracy is generally popular with voters... It's not surprising that on a bipartisan basis, voters were not willing to give up their own power."[9]
- Sean Hannity, host on Fox News: "I think the American people– and I consider myself pro-life, I believe in the sanctity of life, but I think politically that there is– Republicans have gotta say as Bill Clinton once said – I never thought I’d quote him – 'rare,' 'legal,' and I’d add the word[s], 'very early in a pregnancy.' That seems to be – politically – where the country is. Maybe I’m wrong. But we’ll see. That vote in Ohio is pretty, pretty sobering."[10]
- Tom Bonier, CEO of TargetSmart: "If you can get 3.1 million people out to vote in an August election in Ohio, on something that isn’t even directly voting on abortion rights, but is tangentially, it clearly speaks to the organizing and mobilizing power of the issue."[11]
- Patrick T. Brown, a fellow at the Ethics and Public Policy Center: "For the pro-life movement, this outcome should be a five-alarm fire. The disappointing trajectory in Ohio, following unexpected losses last year in Kansas and Kentucky, drives the fact home that no one who fought to see Roe v. Wade overturned, least of all me, had a satisfactory game plan for the battles that would ensue following Roe’s demise."[12]
Overview
What would Issue 1 have changed about the ballot measure process in Ohio?
- See also: Constitutional changes
Issue 1 would have made three changes to the laws governing citizen-initiated constitutional amendments in Ohio. The amendment would have:[13]
- Required a 60% vote for voters to approve a constitutional amendment, whether citizen-initiated or from the General Assembly. As of August 2023, a constitutional amendment required a simple majority vote (50% plus one) to be approved in Ohio.
- Required campaigns for initiated constitutional amendments to collect signatures from each of the state's 88 counties, an increase from the current requirement of 50% (44) of the state's 88 counties. Campaigns needed to collect a number of signatures equal to 5% of the votes cast in the last governor's election in each of the counties. This is known as a signature distribution requirement.
- Eliminated the cure period of 10 days for campaigns to gather additional signatures for citizen-initiated constitutional amendments when the original submission did not have enough valid signatures.
Under Issue 1, how would Ohio have compared to other states?
- See also: Background
As of 2023, there were 26 states, including Ohio, that allowed for citizen-initiated ballot measures. The ballot initiative process allowed citizens to propose statutes or constitutional amendments, depending on the state, and collect signatures to place their proposals on the ballot for voters to decide.
- Issue 1 would have made Ohio, tied with Florida, the state with the highest voter approval requirement to pass citizen-initiated constitutional amendments in 2023. This requirement would have been 60%. New Hampshire, which didn't have a ballot initiative process, had a higher threshold—a two-thirds vote—for legislatively referred constitutional amendments.
- Under Issue 1, Ohio would have been the only state to require campaigns to collect signatures from 100% of a state's counties. Ohio has 88 counties. In Colorado, citizen-initiated amendment campaigns must have collected signatures from 100% of the state's 35 Senate districts, and in Nevada, campaigns must have collected signatures from 100% of the state's four congressional districts. Counties differed in population, while congressional and legislative districts were similar in population.
Issue 1 would have made the first change to the state's initiative signature requirements since voters approved the process in 1912. Voters approved a constitutional amendment modifying signature deadlines in 2008.
House Majority Whip Jim Hoops (R-81), who was co-chair of the campaign supporting Issue 1, said these changes “will not make it impossible to amend the Ohio Constitution but rather would require a higher level of consensus and support.”[14] House Minority Leader Allison Russo (D-7), who voted against the amendment in the Legislature, said Issue 1 would “take away power from people and put it more firmly into politicians’ hands.”[15]
In November 2023, voters decided on on an initiated constitutional amendment to provide for a state constitutional right to "make and carry out one’s own reproductive decisions," including abortion, in Ohio. Issue 1 would have required a 60% vote on future constitutional amendments, including for amendments on the ballot for November 7, 2023.
Issue 1 originated in the Ohio State Legislature. Legislators voted to create a special election date — August 8 — for Issue 1. Rep. Scott Wiggam (R-77), who chaired the House Constitutional Resolutions Committee, said, "Republicans aren’t going to put it on the same ballot as the abortion issue. That’s because if they both pass with 50%-plus-one, then abortion would be protected by a 60% threshold into the future."[16] Secretary of State Frank LaRose (R) said Issue 1 "is 100% about keeping a radical pro-abortion amendment out of our constitution. The left wants to jam it in there this coming November."[17] State Rep. Jessica Miranda (D-28) said legislative Republicans "true motivation, aside from their insatiable desire for power, is to stop women from having the reproductive freedom that we so deserve."[15] The campaign that supported the abortion-related amendment, Ohioans for Reproductive Freedom, endorsed a "no" vote on Issue 1, and the campaign that opposed the abortion-related amendment, Protect Women Ohio, was spending funds to support a "yes" vote on Issue 1.[18][19][20]
Organizations that supported Issue 1, like the Ohio Chamber of Commerce, Ohio Farm Bureau, and Buckeye Firearms Association, cited other possible future constitutional amendments related to business regulations, wages, firearms, hunting, and agriculture. State Rep. Brian Stewart (R-12) said Issue 1 was needed because "over the last 15 years, there’s definitely been an increase in what a lot of Republicans and conservatives would consider to be far-left ballot proposals" and "how easy it is to sort of buy a slot on the ballot."[21] Senate President Matt Huffman (R-12) also said, "Why did it happen now? Well, certainly because of the November issue, but we’ve been trying to do it for 15 or 20 years."[22] Hannah Ledford, Campaigns Director at The Fairness Project, also said other issues would be affected. "It is about abortion in that Issue One was put on the ballot to block the abortion initiative specifically, but it has a tail but is much longer than that," said Ledford.[23]
Text of measure
Ballot title
The official ballot title was as follows:[24]
“ |
Issue 1 Proposed Constitutional Amendment ELEVATING THE STANDARDS TO QUALIFY FOR AN INITIATED CONSTITUTIONAL AMENDMENT AND TO PASS A CONSTITUTIONAL AMENDMENT Proposed by Joint Resolution of the General Assembly To amend Sections 1b, le, and 1g of Article IT and Sections 1 and 3 of Article XVI of the Constitution of the State of Ohio A majority yes vote is necessary for the amendment to pass. The proposed amendment would:
If passed, the amendment will be effective immediately.[25] |
” |
Ballot summary
The official ballot explanation was as follows:[26]
“ |
Issue 1 asks eligible Ohio voters to consider an amendment to the Constitution of the State of Ohio proposed by a two-thirds majority of the Ohio General Assembly. The amendment, if approved, would elevate the standards by which the Constitution of the State of Ohio may be amended. Any newly proposed constitutional amendment placed on a statewide ballot must receive at least 60 percent of the vote to be approved. Any initiated petition proposing to amend the Constitution of the State of Ohio that is filed with the Secretary of State on or after January 1, 2024 must contain the signatures of at least five percent of the eligible voters residing in each county of the state. Finally, the amendment specifies that new signatures may not be added to an initiative petition proposing to amend the Constitution of the State of Ohio once it has been filed with the Secretary of State on or after January 1, 2024.[25] |
” |
Constitutional changes
- See also: Ohio Constitution
Issue 1 would have amended Sections 1b, 1e, and 1g of Article II and Sections 1 and 3 of Article XVI of the Ohio Constitution. The following underlined text would have been added and struck-through text would have been deleted:[13]
Note: Use your mouse to scroll over the text below to see the full text.
Section 1b of Article II When at any time, not less than ten days prior to the commencement of any session of the General Assembly, there shall have been filed with the secretary of state a petition signed by three per centum of the electors and verified as herein provided, proposing a law, the full text of which shall have been set forth in such petition, the secretary of state shall transmit the same to the General Assembly as soon as it convenes. If said proposed law shall be passed by the General Assembly, either as petitioned for or in an amended form, it shall be subject to the referendum. If it shall not be passed, or if it shall be passed in an amended form, or if no action shall be taken thereon within four months from the time it is received by the General Assembly, it shall be submitted by the secretary of state to the electors for their approval or rejection, if such submission shall be demanded by supplementary petition verified as herein provided and signed by not less than three per centum of the electors in addition to those signing the original petition, which supplementary petition must be signed and filed with the secretary of state within ninety days after the proposed law shall have been rejected by the General Assembly or after the expiration of such term of four months, if no action has been taken thereon, or after the law as passed by the General Assembly shall have been filed by the governor in the office of the secretary of state. The proposed law shall be submitted at the next regular or general election occurring subsequent to one hundred twenty-five days after the supplementary petition is filed in the form demanded by such supplementary petition which form shall be either as first petitioned for or with any amendment or amendments which may have been incorporated therein by either branch or by both branches, of the General Assembly. If a proposed law so submitted is approved by a majority of the electors voting thereon, it shall be the law and shall go into effect as herein provided in lieu of any amended form of said law which may have been passed by the General Assembly, and such amended law passed by the General Assembly shall not go into effect until and unless the law proposed by supplementary petition shall have been rejected by the electors. All such initiative petitions, last above described, shall have printed across the top thereof, in case of proposed laws: “Law Proposed by Initiative Petition First to be Submitted to the General Assembly.” Ballots shall be so printed as to permit an affirmative or negative vote upon each measure submitted to the electors. Any proposed law If conflicting proposed laws or conflicting proposed amendments to the constitution shall be approved at the same election by No law proposed by initiative petition and approved by the electors shall be subject to the veto of the governor. Section 1e of Article II (A) The powers defined herein as the “initiative” and “referendum” shall not be used to pass a law authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property. (B)(1) Restraint of trade or commerce being injurious to this state and its citizens, the power of the initiative shall not be used to pass an amendment to this constitution that would grant or create a monopoly, oligopoly, or cartel, specify or determine a tax rate, or confer a commercial interest, commercial right, or commercial license to any person, nonpublic entity, or group of persons or nonpublic entities, or any combination thereof, however organized, that is not then available to other similarly situated persons or nonpublic entities. (2) If a constitutional amendment proposed by initiative petition is certified to appear on the ballot and, in the opinion of the Ohio ballot board, the amendment would conflict with division (B)(1) of this section, the board shall prescribe two separate questions to appear on the ballot, as follows: (a) The first question shall be as follows: "Shall the petitioner, in violation of division (B)(1) of Section 1e of Article II of the Ohio Constitution, be authorized to initiate a constitutional amendment that grants or creates a monopoly, oligopoly, or cartel, specifies or determines a tax rate, or confers a commercial interest, commercial right, or commercial license that is not available to other similarly situated persons?" (b) The second question shall describe the proposed constitutional amendment. (c) If both questions are approved or affirmed by (3) If, at the general election held on November 3, 2015, the electors approve a proposed constitutional amendment that conflicts with division (B)(1) of this section with regard to the creation of a monopoly, oligopoly, or cartel for the sale, distribution, or other use of any federal Schedule I controlled substance, then notwithstanding any severability provision to the contrary, that entire proposed constitutional amendment shall not take effect. If, at any subsequent election, the electors approve a proposed constitutional amendment that was proposed by an initiative petition, that conflicts with division (B)(1) of this section, and that was not subject to the procedure described in division (B)(2) of this section, then notwithstanding any severability provision to the contrary, that entire proposed constitutional amendment shall not take effect. (C) The supreme court of Ohio shall have original, exclusive jurisdiction in any action that relates to this section. Section 1g of Article II (A) Any initiative, supplementary, or referendum petition may be presented in separate parts but each part shall contain a full and correct copy of the title, and text of the law, section or item thereof sought to be referred, or the proposed law or proposed amendment to the constitution. Each signer of any initiative, supplementary, or referendum petition must be an elector of the state and shall place on such petition after his name the date of signing and his place of residence. A signer residing outside of a municipality shall state the county and the rural route number, post office address, or township of his residence. A resident of a municipality shall state the street and number, if any, of his residence and the name of the municipality or the post office address. The names of all signers to such petitions shall be written in ink, each signer for himself. To each part of such petition shall be attached the statement of the circulator, as may be required by law, that he witnessed the affixing of every signature. The secretary of state shall determine the sufficiency of the signatures not later than one hundred five days before the election. (B) The Ohio supreme court shall have original, exclusive jurisdiction over all challenges made to petitions and signatures upon such petitions under this section. Any challenge to a petition or signature on a petition shall be filed not later than ninety-five days before the day of the election. The court shall hear and rule on any challenges made to petitions and signatures not later than eighty-five days before the election. If no ruling determining the petition or signatures to be insufficient is issued at least eighty-five days before the election, the petition and signatures upon such petitions shall be presumed to be in all respects sufficient. (C) If (D) No law or amendment to the constitution submitted to the electors by initiative and supplementary petition and receiving (E) Upon all initiative, supplementary, and referendum petitions provided for in any of the sections of this article, it shall be necessary to file from each of one-half of the counties of the state, petitions bearing the signatures of not less than one-half of the designated percentage of the electors of such county, except that upon an initiative petition proposing an amendment to the constitution, it shall be necessary to file from each county of the state petitions bearing the signatures of not less than five per cent of the electors of the county. (F) A true copy of all laws or proposed laws or proposed amendments to the constitution, together with an argument or explanation, or both, for, and also an argument or explanation, or both, against the same, shall be prepared. The person or persons who prepare the argument or explanation, or both, against any law, section, or item, submitted to the electors by referendum petition, may be named in such petition and the persons who prepare the argument or explanation, or both, for any proposed law or proposed amendment to the constitution may be named in the petition proposing the same. The person or persons who prepare the argument or explanation, or both, for the law, section, or item, submitted to the electors by referendum petition, or against any proposed law submitted by supplementary petition, shall be named by the General Assembly, if in session, and if not in session then by the governor. The law, or proposed law, or proposed amendment to the constitution, together with the arguments and explanations, not exceeding a total of three hundred words for each, and also the arguments and explanations, not exceeding a total of three hundred words against each, shall be published once a week for three consecutive weeks preceding the election, in at least one newspaper of general circulation in each county of the state, where a newspaper is published. (G) The secretary of state shall cause to be placed upon the ballots, the ballot language for any such law, or proposed law, or proposed amendment to the constitution, to be submitted. The ballot language shall be prescribed by the Ohio ballot board in the same manner, and subject to the same terms and conditions, as apply to issues submitted by the general assembly pursuant to Section 1 of Article XVI of this constitution: The ballot language shall be so prescribed and the secretary of state shall cause the ballots so to be printed as to permit an affirmative or negative vote upon each law, section of law, or item in a law appropriating money, or proposed law, or proposed amendment to the constitution. (H) The style of all laws submitted by initiative and supplementary petition shall be: “Be it Enacted by the People of the State of Ohio,” and of all constitutional amendments: “Be it Resolved by the People of the State of Ohio.” (I) The basis upon which the required number of petitioners in any case shall be determined shall be the total number of votes cast for the office of governor at the last preceding election therefore. (J) The foregoing provisions of this section shall be self-executing, except as herein otherwise provided. Laws may be passed to facilitate their operation but in no way limiting or restricting either such provisions or the powers herein reserved. (K) The requirements of divisions (C) and (E) of this section, as amended by this amendment, apply to the initiative petitions proposing constitutional amendments that are filed with the secretary of state on or after January 1, 2024. Section 1 of Article XVI Either branch of the General Assembly may propose amendments to this constitution; and, if the same shall be agreed to by three-fifths of the members elected to each house, such proposed amendments shall be entered on the journals, with the yeas and nays, and shall be filed with the secretary of state at least ninety days before the date of the election at which they are to be submitted to the electors, for their approval or rejection. They shall be submitted on a separate ballot without party designation of any kind, at either a special or a general election as the General Assembly may prescribe. The ballot language for such proposed amendments shall be prescribed by a majority of the Ohio ballot board, consisting of the secretary of state and four other members, who shall be designated in a manner prescribed by law and not more than two of whom shall be members of the same political party. The ballot language shall properly identify the substance of the proposal to be voted upon. The ballot need not contain the full text nor a condensed text of the proposal. The board shall also prepare an explanation of the proposal, which may include its purpose and effects, and shall certify the ballot language and the explanation to the secretary of state not later than seventy-five days before the election. The ballot language and the explanation shall be available for public inspection in the office of the secretary of state. The Supreme Court shall have exclusive, original jurisdiction in all cases challenging the adoption or submission of a proposed constitutional amendment to the electors. No such case challenging the ballot language, the explanation, or the actions or procedures of the General Assembly in adopting and submitting a constitutional amendment shall be filed later than sixty-four days before the election. The ballot language shall not be held invalid unless it is such as to mislead, deceive, or defraud the voters. Unless the General Assembly otherwise provides by law for the preparation of arguments for and, if any, against a proposed amendment, the board may prepare such arguments. Such proposed amendments, the ballot language, the explanations, and the arguments, if any, shall be published once a week for three consecutive weeks preceding such election, in at least one newspaper of general circulation in each county of the state, where a newspaper is published. The General Assembly shall provide by law for other dissemination of information in order to inform the electors concerning proposed amendments. An election on a proposed constitutional amendment submitted by the general assembly shall not be enjoined nor invalidated because the explanation, arguments, or other information is faulty in any way. If Section 3 of Article XVI At the general election to be held in the year one thousand nine hundred and thirty-two, and in each twentieth year thereafter, the question: "Shall there be a convention to revise, alter, or amend the constitution", shall be submitted to the electors of the state; and in case a majority of the electors, voting for and against the calling of a convention, shall decide in favor of a convention, the General Assembly, at its next session, shall provide, by law, for the election of delegates, and the assembling of such convention, as is provided in the preceding section; but no amendment of this constitution, agreed upon by any convention assembled in pursuance of this article, shall take effect, until the same shall have been submitted to the electors of the state, and adopted by |
Support
Protect Our Constitution, also known as Yes on 1, led the campaign in support of Issue 1.[27] Ohio Senate President Matt Huffman (R-12) and Ohio House Majority Whip James Hoops (R-81) were the co-chairs of Protect Our Constitution. Senate President Huffman said, "The Ohio Constitution is our state's historic foundational document. It should never be treated as a permission slip for bad ideas brought by greedy special interest groups."[28]
Supporters
Officials
- U.S. Sen. J.D. Vance (R)
- U.S. Rep. Troy Balderson (R)
- U.S. Rep. Bill Johnson (R)
- U.S. Rep. Jim Jordan (R)
- U.S. Rep. Max Miller (R)
- U.S. Rep. Brad Wenstrup (R)
- Gov. Richard Michael DeWine (R)
- State Sen. Niraj Antani (R)
- State Sen. Andrew Brenner (R)
- State Sen. Jerry Cirino (R)
- State Sen. Matt Dolan (R)
- State Sen. Theresa Gavarone (R)
- State Sen. Frank Hoagland (R)
- State Sen. Matt Huffman (R)
- State Sen. Terry Johnson (R)
- State Sen. George Lang (R)
- State Sen. Robert McColley (R)
- State Sen. Sandra O'Brien (R)
- State Sen. Bill Reineke (R)
- State Sen. Michele Reynolds (R)
- State Sen. Kristina Daley Roegner (R)
- State Sen. Mark J. Romanchuk (R)
- State Sen. Tim Schaffer (R)
- State Sen. Shane Wilkin (R)
- State Sen. Steve Wilson (R)
- State Rep. Tim Barhorst (R)
- State Rep. Adam Bird (R)
- State Rep. Sara Carruthers (R)
- State Rep. Thaddeus Claggett (R)
- State Rep. Gary Click (R)
- State Rep. Rodney Creech (R)
- State Rep. Jon Cross (R)
- State Rep. Alessandro Cutrona (R)
- State Rep. Bill Dean (R)
- State Rep. Steve Demetriou (R)
- State Rep. David Dobos (R)
- State Rep. Ron Ferguson (R)
- State Rep. Don Jones (R)
- State Rep. Angela King (R)
- State Rep. Roy Klopfenstein (R)
- State Rep. Beth Lear (R)
- State Rep. Susan Manchester (R)
- State Rep. Adam Mathews (R)
- State Rep. Riordan McClain (R)
- State Rep. Derek Merrin (R)
- State Rep. Kevin Miller (R)
- State Rep. Melanie Miller (R)
- State Rep. Bob Peterson (R)
- State Rep. Justin Pizzulli (R)
- State Rep. Phil Plummer (R)
- State Rep. Tracy Richardson (R)
- State Rep. Nick Santucci (R)
- State Rep. Jean Schmidt (R)
- State Rep. Dick Stein (R)
- State Rep. Jason Stephens (R)
- State Rep. Brian Stewart (R)
- State Rep. Reggie Stoltzfus (R)
- State Rep. D.J. Swearingen (R)
- State Rep. Jim Thomas (R)
- State Rep. Scott Wiggam (R)
- State Rep. Josh Williams (R)
- State Rep. Bernard Willis (R)
- State Auditor Keith Faber (R)
- Lt. Gov. Jon Husted (R)
- Secretary of State Frank LaRose (R)
- State Treasurer Robert Sprague (R)
- Attorney General Dave Yost (R)
Former Officials
- Secretary of State Ken Blackwell (R)
- Vice President Mike Pence (R)
- State Rep. Craig Riedel (R)
Political Parties
Corporations
Organizations
- American Policy Coalition
- American Principles Project
- Associated Builders & Contractors of Ohio
- Buckeye Firearms Association
- Center for Christian Virtue
- Created Equal
- National Federation of Independent Business
- Ohio AgriBusiness Association
- Ohio Cattlemen's Association
- Ohio Chamber of Commerce
- Ohio Dairy Producers Association
- Ohio Farm Bureau
- Ohio Hotel & Lodging Association
- Ohio Pork Council
- Ohio Restaurant Association
- Ohio Right to Life
- Ohio State Association of Nurse Anesthetists
- Protect Women Ohio
- Republican National Lawyers Association - Ohio Chapter
- Republican State Leadership Committee
- Restoration Action
- School Choice Ohio Alliance
- Sportsmen’s Alliance
- Susan B. Anthony Pro-Life America
- The Buckeye Institute
- Wholesale Beer & Wine Association of Ohio
Individuals
- Jim Caviezel - Actor
- Jimmy Haslam - Co-Chair of Haslam Sports Group and Co-Owner of Cleveland Browns
- Susan Haslam - Co-Chair of Haslam Sports Group and Co-Owner of Cleveland Browns
- Kari Lake (R) - Candidate for Arizona Governor in 2022
- Bernie Moreno (R) - Candidate for U.S. Senate
- Tony Perkins - President of the Family Research Council
- Richard Uihlein - CEO of Uline Corporation
Arguments
Official arguments
State Sen. Rob McColley (R-1) and Rep. Brian Stewart (R-12) wrote the official argument in support of Issue 1:[29]
“ |
Vote YES on Issue 1 Empower the People, Protect the Constitution A YES vote on Issue 1 protects our Constitution from deep-pocketed, out-of-state interests. By passing Issue 1, the People will ensure constitutional changes are widely accepted and declare that Ohio’s Constitution is not for sale. Currently, special interests target Ohio, seeking to inject their own personal views and objectives into our state’s most sacred document. Why? Because Ohio is one of the few states that allow these interests to directly enshrine their social preferences and corporate motives into the Constitution at the same threshold as everyday laws. Common sense tells us that this should not be the case. Instead, our constitutional rights should be broadly supported and shielded from well-financed special interests. Voting YES on Issue 1 strengthens our Constitution by:
We, the People, must have our voices heard on August 8th. Empower yourself and your fellow Ohioans. Protect the Constitution. Vote YES on Issue 1.[25] |
” |
Opposition
One Person One Vote, also known as No on Issue 1, led the campaign in opposition to Issue 1. The campaign stated, "[Issue 1] would destroy the sacred principle of 'one person one vote' by allowing a small group of voters to make decisions for everyone else. It’s a special election for special interests."[30]
Opponents
Officials
- U.S. Sen. Sherrod Brown (D)
- Vermont U.S. Sen. Bernie Sanders (Independent)
- U.S. Rep. Joyce Beatty (D)
- U.S. Rep. Shontel Brown (D)
- U.S. Rep. Ro Khanna (D)
- U.S. Rep. Greg Landsman (D)
- California U.S. Rep. Nancy Pelosi (D)
- U.S. Rep. Emilia Sykes (D)
- Illinois Gov. J.B. Pritzker (D)
- State Sen. Nickie Antonio (D)
- State Sen. William DeMora (D)
- State Sen. Paula Hicks-Hudson (D)
- State Sen. Vernon Sykes (D)
- State Rep. Sean Brennan (D)
- State Rep. Jay Edwards (R)
- State Rep. Tavia Galonski (D)
- State Rep. Michele Grim (D)
- State Rep. Dani Isaacsohn (D)
- State Rep. Dontavius Jarrells (D)
- State Rep. Lauren McNally (D)
- State Rep. Jessica Miranda
- State Rep. Allison Russo (D)
- State Rep. Michael Skindell (D)
- State Rep. Anita Somani (D)
- State Rep. Bride Rose Sweeney (D)
- State Rep. Casey Weinstein (D)
- Mayor of Cleveland Justin Bibb (Nonpartisan)
- Mayor of Columbus Andrew Ginther
- Mayor of Akron Daniel Horrigan (D)
- Mayor of Dayton Jeffrey J. Mims, Jr.
- Mayor of Cincinnati Aftab Pureval (Nonpartisan)
Former Officials
- New York City Mayor Michael Bloomberg (D)
- Gov. Dick Celeste (D)
- Attorney General Richard Cordray (D)
- State Rep. Mike Curtin (D)
- Attorney General Lee Fisher (D)
- U.S. Attorney General Eric Holder
- Gov. John Kasich (R)
- Attorney General Betty Montgomery (R)
- Ohio Supreme Court Chief Justice Maureen O'Connor (R)
- Attorney General Jim Petro (R)
- U.S. Secretary of Labor Robert Reich
- Attorney General Nancy Rogers (D)
- U.S. Rep. Tim Ryan (D)
- Gov. Ted Strickland (D)
- Gov. Bob Taft (R)
- State Sen. Nina Turner (D)
Political Parties
- Democratic Party of Ohio
- Forward Party of Ohio
- Green Party of Ohio
- Libertarian Party of Ohio
- Working Families Party
Government Entities
Unions
- American Federation of Government Employees
- National Education Association
- Ohio AFL-CIO
- Ohio Association of Professional Firefighters
- Ohio Association of Public School Employees
- Ohio Education Association
- Ohio Federation of Teachers
- Ohio Nurses Association
- Ohio State Building and Construction Trades Council
- United Auto Workers
- United Steelworkers
Organizations
- ACLU of Ohio
- All Voting is Local
- America Votes
- American Advocacy Action Fund
- American Civil Liberties Union
- Article IV
- Ballot Initiative Strategy Center
- Children's Defense Fund Ohio
- Common Cause Ohio
- Democratic Socialists of America
- End Citizens United
- Equality Ohio
- Every Eligible American
- Everytown for Gun Safety
- Fair Districts Ohio
- Fraternal Order of Police of Ohio
- Human Rights Campaign
- Innovation Ohio
- Leadership Now Project
- League of Women Voters of Ohio
- Moms Demand Action
- NARAL Pro-Choice Ohio
- National Association of Social Workers, Ohio Chapter
- National Redistricting Action Fund
- North Fund
- Ohio Black Judges Association
- Ohio Citizen Action
- Ohio Conference of the NAACP
- Ohio Council of Churches
- Ohio Environmental Council
- Ohio Farmers Union
- Ohio Physicians for Reproductive Rights
- Ohio Progressive Collaborative
- Ohio Voter Rights Coalition
- Ohio Women's Alliance Action Fund
- Ohioans for Reproductive Freedom
- Our Revolution
- Planned Parenthood Advocates of Ohio
- Pro-Choice Ohio
- Protect Choice Ohio
- Represent.Us
- Sierra Club Ohio
- Sixteen Thirty Fund
- Stand Up America
- Swing Left
- The Fairness Project
- The Lincoln Project
- Tides Foundation
- Unite America
Individuals
- Karla Jurvetson - Physician
- Kent Thiry - Former CEO of DaVita
- Randi Weingarten - President of the American Federation of Teachers
Arguments
Official arguments
State Sen. Paula Hicks-Hudson (D-11), Sen. Vernon Sykes (D-28), Rep. Dontavius Jarrells (D-1), Rep. Bride Rose Sweeney (D-16), and Rep. Dani Isaacsohn (D-24) wrote the official argument against Issue 1:[31]
“ |
This amendment would destroy citizen-driven ballot initiatives as we know them, upending our right to make decisions that directly impact our lives. It takes away our freedom by undermining the sacred principle of 'one person, one vote' and destroys majority rule in Ohio. Last year, Ohio politicians eliminated August special elections saying, “Interest groups often manipulatively put issues on the ballot in August because they know fewer Ohioans are paying attention.” And yet here we are, voting in August on just one question: should Ohio permanently abolish the basic constitutional right of majority rule? Special interests and corrupt politicians say yes. They don't like voters making decisions, so they’re trying to rewrite the rules to get what they want: even more power. Here’s why we’re confident Ohio citizens will resoundingly vote NO: 🅇 Issue 1 Ends Majority Rule: It means just 40% of voters can block any issue, putting 40% of voters in charge of decision-making for the majority. 🅇 Issue 1 Shreds Our Constitution: It would permanently undo constitutional protections that have been in place for over 100 years to check politicians’ power at the ballot box. 🅇 Issue 1 Takes Away Our Freedom: It would destroy citizen-driven ballot initiatives as we know them, guaranteeing that only wealthy special interests could advance changes to our constitution. 🅇 Issue 1 Applies to All Issues: If this amendment passes, it will apply to every single amendment on any issue Ohioans will ever vote on – you name it, just 40% of voters will decide. We all deserve to make decisions that impact our lives. We must protect our freedom to determine our future, not permanently change our constitution to give up our rights. Vote NO.[25] |
” |
Campaign finance
The Protect Our Constitution PAC registered to support Issue 1 on May 17, 2023.[32] Protect Women Ohio, which formed to oppose the citizen-initiated constitutional amendment to establish a state constitutional right to abortion, contraception, and other reproductive matters, reported spending funds to support Issue 1.[33][20] Protect Our Kids Ohio also expended funds to support Issue 1.[34]
The One Person One Vote PAC registered to oppose Issue 1 on May 11, 2023.[35]
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
---|---|---|---|---|---|
Support | $23,239,969.35 | $314,367.06 | $23,554,336.41 | $22,244,569.62 | $22,558,936.68 |
Oppose | $19,443,935.39 | $2,579,841.52 | $22,023,776.91 | $19,442,138.26 | $22,021,979.78 |
Support
The following table includes contribution and expenditure totals for the committee in support of Issue 1.[32][36][34]
Committees in support of Issue 1 | |||||
---|---|---|---|---|---|
Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
Protect Women Ohio | $16,129,460.89 | $312,129.29 | $16,441,590.18 | $15,178,004.40 | $15,490,133.69 |
Protect Our Constitution | $6,175,508.46 | $2,237.77 | $6,177,746.23 | $6,164,083.15 | $6,166,320.92 |
Protect Our Kids Ohio | $935,000.00 | $0.00 | $935,000.00 | $902,482.07 | $902,482.07 |
Total | $23,239,969.35 | $314,367.06 | $23,554,336.41 | $22,244,569.62 | $22,558,936.68 |
Donors
The following were the top donors to the committees.[32][36][34]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
Susan B. Anthony Pro-Life America | $12,244,000.00 | $253,086.56 | $12,497,086.56 |
Richard Uihlein | $4,000,000.00 | $0.00 | $4,000,000.00 |
American Policy Coalition | $800,000.00 | $0.00 | $800,000.00 |
Diocese of Columbus | $600,000.00 | $0.00 | $600,000.00 |
Restoration Action | $575,000.00 | $0.00 | $575,000.00 |
Opposition
The following table includes contribution and expenditure totals for the committee in opposition to Issue 1.[35]
Committees in opposition to Issue 1 | |||||
---|---|---|---|---|---|
Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
One Person One Vote | $19,443,935.39 | $2,579,841.52 | $22,023,776.91 | $19,442,138.26 | $22,021,979.78 |
Total | $19,443,935.39 | $2,579,841.52 | $22,023,776.91 | $19,442,138.26 | $22,021,979.78 |
Donors
The following were the top donors to the committee.[35]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
Sixteen Thirty Fund | $5,000,000.00 | $140,750.00 | $5,140,750.00 |
Tides Foundation | $1,875,000.00 | $0.00 | $1,875,000.00 |
National Education Association | $1,120,000.00 | $0.00 | $1,120,000.00 |
American Advocacy Fund Inc. | $1,000,000.00 | $0.00 | $1,000,000.00 |
Ohio Education Association | $1,000,000.00 | $0.00 | $1,000,000.00 |
Satellite spending
- See also: Satellite spending
There was at least one Super PAC and one Hybrid PAC, both registered with the FEC, and one 501(c)(4) organization that spent funds to advertise for or against the constitutional amendment.
Support
- The Save Our Constitution PAC, a Super PAC, was launched on March 31, 2023, and aired advertisements supporting legislation to place the constitutional amendment on the ballot.[37] Some of the advertisements encouraged people to contact Speaker of the House Jason Stephens (R-93). Joel Riter, a spokesperson for the Save Our Constitution PAC, said, "The clock is ticking and the decisions made in the coming days by Speaker Stephens and those who put him into power will shape Ohio for decades to come. The voters must be allowed to protect our Constitution." According to Statehouse News Bureau, Richard Uihlein contributed most of the committee's funding.[38]
Opposition
- The Progress Action Fund (PAF), a Hybrid PAC, aired an advertisement on television, online platforms, and streaming services that connected reproductive decisions to Issue 1. The advertisement said, "Keep Republicans Out of Your Bedroom. Vote No on Aug. 8."[39]
- Educate Ohio Action Fund, a 501(c)(4) nonprofit organization, released advertisements against the constitutional amendment in 13 legislative districts while the Legislature was considering the resolution, stating that the amendment would "rig our constitution to end majority rule." Ads were aired in the district of House Speaker Jason Stephens (R-93).[40]
Media editorials
- See also: 2023 ballot measure media endorsements
Support
Ballotpedia did not locate media editorial boards in support of the ballot measure.
Opposition
Polls
- See also: 2023 ballot measure polls
- Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.
Ohio Issue 1, 60% Vote Requirement to Approve Constitutional Amendments Measure (2023) | ||||||
---|---|---|---|---|---|---|
Northern Poll (Ohio Northern University) | 7/17/2023-7/26/2023 | 675 RV | ± 3.70% | 42.4% | 41.0% | 16.6% |
Question: "Ohio law currently requires a simple majority (50%+1 person) of voters to approve a change to the state’s constitution. Do you agree or disagree with the effort to increase the threshold majority to 60%?" | ||||||
USA TODAY Network/Suffolk University | 7/9/2023-7/12/2023 | 500 LV | ± 4.40% | 26.2% | 57.2% | 16.6% |
Question: "Next month, Ohio voters will decide State Issue 1, which would require 60% of the vote for a constitutional amendment to pass instead of the current requirement of a simple majority. To put an amendment on the ballot, citizens would need to get signatures from voters in 88 counties instead of the current requirement of 44 counties. Issue 1 would also remove a 10-day period that allows petitioners, if necessary, to gather additional signatures for an amendment. Do you support or oppose State Issue 1?" | ||||||
Scripps News/YouGov | 6/20/2023-6/22/2023 | 500 LV | ± 5.95% | 38% | 37% | 26% |
Question: "Ohio law requires more than 50% of voters to approve a change to the state's Constitution. Do you agree or disagree with an effort to increase that threshold to 60%?" | ||||||
Note: LV is likely voters, RV is registered voters, and EV is eligible voters. |
Path to the ballot
Amending the Ohio Constitution
- See also: Amending the Ohio Constitution
In Ohio, a 60 percent vote in each legislative chamber during one legislative session is required to refer a legislatively referred constitutional amendment to the ballot. That amounts to a minimum of 60 votes in the Ohio House of Representatives and 20 votes in the Ohio State Senate, assuming no vacancies. Amendments do not require a governor's signature to be referred to the ballot.
Senate Joint Resolution 2
Sen. Robert McColley (R-1) and Sen. Theresa Gavarone (R-2) introduced the constitutional amendment into the Ohio State Legislature as Senate Joint Resolution 2 (SJR 2) on March 22, 2023. SJR 2 progressed through the Legislature between March 22 and May 10, 2023:[41]
- On March 22, the constitutional amendment was introduced as SJR 2.
- On April 19, the Senate General Government Committee voted 4-1 to recommend the adoption of SJR 2.
- Later on April 19, the Senate voted 26-7 to approve SJR 2. The upper chamber's 26 Republicans supported SJR 2, and the seven Democrats opposed the amendment.
- Secretary of State Frank LaRose (R) said the Legislature had until May 10, 2023, to pass SJR 2 for the proposal to appear on a ballot for August 8. He said August 8 "is the latest that a statewide election can be held without statutorily altering the election calendar for the upcoming November election."[42]
- On May 9, the House Rules and Reference Committee voted 7-5 to recommend the adoption of SJR 2.
- On May 10, the House voted 62-37 to approve SJR 2. Of the House Republicans, 62 supported and five opposed SJR 2, and the chamber's 37 Democrats opposed the amendment.
- Due to a technical change in the House, state senators voted 26-7 for a second time on May 10.
- On May 10, Secretary of State LaRose issued Directive 2023-07, instructing local boards of elections to prepare for a statewide special election on August 8.[43]
|
|
Lawsuits
State ex rel. One Person One Vote et al. v. LaRose
Lawsuit overview | |
Issue: Can Senate Joint Resolution 2, a joint resolution, set a special election date of August 8, 2023? | |
Court: Ohio Supreme Court | |
Ruling: SJR 2 can set a special election date of August 8, 2023, under the Ohio Constitution. | |
Plaintiff(s): One Person One Vote, Jeniece Brock, Brent Edwards, and Christopher Tavenor | Defendant(s): Secretary of State Frank LaRose |
Source: Ohio Supreme Court
On May 12, 2023, One Person One Vote, the campaign opposed to Issue 1, filed a lawsuit asking the Ohio Supreme Court to request that the court issue a writ of mandamus requiring Secretary of State Frank LaRose (R) to remove the constitutional amendment from the ballot for August 8, 2023. One Person One Vote argued that a special election date in August was unlawful because Ohio Revised Code does not provide for a special election in August.[44]
The legal complaint read, "In response to that abysmal turnout and the extraordinary burdens August elections impose on Ohio’s election workers, the General Assembly voted just five months ago to abolish statewide August elections entirely. ... The Amendment’s proponents in the General Assembly recognized this fatal flaw in their scheme. They made several attempts to amend the Revised Code to reauthorize August special elections on constitutional amendments. But all those efforts failed, leaving no legal basis for submission of the Amendment to the voters in an August election."[44]
In 2022, the General Assembly passed House Bill 458 (HB 458), prohibiting statewide special elections in August. HB 458 said "proposed constitutional amendments... may be submitted at a special election occurring" on a primary election date.[44]
On June 16, 2023, the Ohio Supreme Court, in a 4-3 decision, ruled that the General Assembly can set a special election date for August 8, 2023, as part of the joint resolution. Republican Justices Pat DeWine, Joseph Deters, Pat Fischer, and Sharon Kennedy composed the majority's opinion. Democratic Justices Jennifer Brunner, Michael Donnelly, and Melody Stewart dissented.[45]
The majority's opinion read, "Article XVI, Section 1 authorizes the General Assembly to 'prescribe' a special election on a proposed constitutional amendment without requiring that it do so by statute." HB 458 "cannot restrain the secretary from proceeding with a special election that the General Assembly has validly prescribed under the Ohio Constitution," ruled the court.[45]
Justice Michael Donnelly, in his dissenting opinion, wrote, "Contrary to what the lead opinion states, Article XVI, Section 1 does not give the General Assembly the power to violate the rules that it has prescribed by law. ... With nothing in the plain language of the constitutional provision to support its added verbiage, the lead opinion creates rather than interprets the law." Justice Brunner also dissented, writing, "The General Assembly has specifically abolished special elections that are held on a date other than the date of a primary election... The General Assembly’s choices are thus limited to deciding whether [SJR 2] is to be voted on this November or at a primary election to be held in 2024."[45]
State ex rel. One Person One Vote et al. v. Ohio Ballot Board
Lawsuit overview | |
Issue: Is the ballot title for Issue 1 misleading and inaccurate? | |
Court: Ohio Supreme Court | |
Ruling: Some aspects of the ballot title were inaccurate and needed to be rewritten, while other aspects that plaintiffs argued were misleading were valid. | |
Plaintiff(s): One Person One Vote, Jeniece Brock, Brent Edwards, and Christopher Tavenor | Defendant(s): Ohio Ballot Board |
Source: Ohio Supreme Court
On May 23, 2023, One Person One Vote, the campaign opposed to Issue 1, filed a lawsuit asking the Ohio Supreme Court to compel the Ohio Ballot Board to write a different ballot title for Issue 1.[46]
One Person One Vote argued that the ballot title was incomplete and misleading, saying, the Board adopted a "misleading, prejudicial ballot title and inaccurate, incomplete ballot language that improperly favor the Amendment in flagrant violation Ohio’s Constitution and laws and this Court’s jurisprudence." Further, One Person One Vote argued that the ballot language did not describe the status quo vote requirement, that the phrase elevate the threshold was not neutral, and that the distribution requirement description was inaccurate.[46]
Attorney General Dave Yost (R) responded, saying the state was not required to provide the status quo voting threshold nor was the verb elevate biased. His lawyers noted that there was an error in describing the distribution requirement.[47]
On June 12, 2023, the Ohio Supreme Court granted in part and denied in part the plaintiff's request. The majority's opinion stated, "The ballot board shall reconvene forthwith to adopt lawful ballot language that accurately characterizes and explains the definition of 'electors' underlying the petition-signature requirements in the proposed amendment, including how many signatures would be required to qualify an initiative petition for the ballot." The opinion denied the claim that the word elevated was biased and denied that the ballot title needed to include the current status quo.[48]
Democratic Justices Jennifer Brunner, Michael Donnelly, and Melody Stewart concurred in part and dissented in part. Justice Donnelly wrote, "The proposed amendment at issue is seeking to make it harder to amend the Ohio Constitution based on an initiative petition than it is under the current constitutional provision. Some might, not implausibly, call this restricting or curtailing or diminishing or limiting the power of the people to amend the Constitution. Instead, respondent Secretary of State Frank LaRose styles this as 'elevating' the standards to amend the Constitution. This word creates prejudice in favor of the measure."[48]
Background
Legislation on special elections in August
On January 6, 2023, Gov. Mike DeWine (R) signed House Bill 458 (HB 458), which eliminated special elections in August, with an exception for local governments during fiscal emergencies. HB 458 was an election omnibus bill that contained other changes as well, including a voter photo identification requirement. All legislative Republicans supported HB 458, along with 27.5% of legislative Democrats.[49]
- State Rep. Thomas Hall (R-46) was the lead sponsor of HB 458. He said, "Unless there are unique circumstances, we should have two elections a year in Ohio: a primary election, and a general election. August special elections are costly to taxpayers and fail to engage a meaningful amount of the electorate in the process. They should be eliminated from the elections calendar."[50]
- Secretary of State Frank LaRose (R) supported the bill's provision eliminating special elections in August. LaRose said that these elections "aren’t good for taxpayers, election officials, voters or the civic health of our state," and "those embarrassingly low voter turnout rates in the last two August elections are not an anomaly."[51]
- The Ohio School Boards Association, Ohio Association of School Business Officials, Buckeye Association of School Administrators, and Ohio Township Association issued a joint statement opposing the provision, writing, "We contend that the typically fewer items that appear on the August ballot serve as a key opportunity for districts to educate voters on the levy request and the needs of the district."[51]
Issue 1 was designed to require a special election on August 8, 2023, which opponents of the constitutional amendment said violated HB 458. Supporters said the Legislature could set an election date through a joint resolution.[52] One Person One Vote, the campaign opposed to Issue 1, filed a lawsuit against the state, contending, "The General Assembly’s attempt to put the Amendment before the people in a low-turnout August special election is unlawful."[44] The Ohio Supreme Court ruled that the Legislature could set a special election date for a constitutional amendment. "Article XVI, Section 1 authorizes the General Assembly to 'prescribe' a special election on a proposed constitutional amendment without requiring that it do so by statute," ruled the court.[45]
Before 2023, the last time a state ballot measure was decided in August in Ohio was in 1926, when voters rejected a constitutional amendment that addressed tax assessments on properties benefiting from a public improvement project.
Supermajority requirements for constitutional amendments
- See also: Supermajority requirement
Voters decide on constitutional amendments in 49 of 50 states. Legislatures are required to seek voter approval to amend their state constitutions. Delaware is the one state where voter approval is not required for state constitutional amendments.
As of 2023, 18 states, including Ohio, allowed voters to initiate constitutional amendments. Proponents of a ballot initiative collect petition signatures from a certain minimum number of registered voters in a state.
As of 2023, 11 states required a supermajority vote or other election vote threshold for constitutional amendments:
- New Hampshire, which does not have citizen-initiated constitutional amendments, had the highest vote requirement at two-thirds (66.67%).
- Florida, which does provide for citizen-initiated constitutional amendments, had the second-highest vote requirement at 60%.
- In Colorado, a 55% vote of voters was required to amend the state constitution.
- In Hawaii, Minnesota, and Wyoming, a majority of the total ballots cast in an election was required, meaning a blank vote has the same effect as a 'no' vote in these three states.
- The other five states had other requirements, such as requiring a simple majority vote on the ballot measure itself and a certain percentage of voter turnout or ballots cast.
In Oregon, voters approved Measure 63 in 1998, which required that a ballot measure proposing a supermajority vote, such as a 60% vote, on ballot measures must be passed by the same vote threshold, such as 60%, as the measure itself proposes.
Before 1912, a majority of the total ballots cast in an election, rather than a majority of votes cast on an amendment, was required to approve a constitutional amendment in Ohio. Voters approved a constitutional amendment to change the vote requirement.
The following map shows the election vote threshold requirements for state constitutional amendments:
Signature distribution requirements for citizen-initiated ballot measures
- See also: Distribution requirement
Of the 26 states that provided for statewide citizen-initiated ballot measures in 2023, 16 required signature distribution requirements, including Ohio.
Heading into August, Ohio required initiated constitutional amendment campaigns to collect a number of signatures equal to 10% of the votes cast for governor, including a number of signatures equal to 5% of the votes cast for governor in each of half of the state's counties (44 of 88 counties).
Including Ohio, seven states had distribution requirements based on counties, while four based them on congressional districts and five based them on state legislative districts. Counties have variable populations, and congressional districts and legislative districts have similar populations.
The following map provides information on initiative signature distribution requirements:
Comparison of signature distribution requirements
- See also: Distribution requirement
The 16 signature distribution requirements for citizen-initiated ballot measures, as of 2023, can be compared in two ways:
- (1) The percentage of jurisdictions from which signatures must be collected. In Ohio, for example, signatures must be collected from at least half (44) of the state's 88 counties, meaning signatures are required from 50% of the counties. The distribution requirement in Ohio is based on counties.
- (2) The percentage of the total number of signatures required to meet the distribution requirement. In 2023, 413,487 signatures were required for initiated constitutional amendments in Ohio. That number is equal to 10% of the votes cast in the last gubernatorial election. The distribution requirement is 5% of the votes cast in the last gubernatorial election from 44 counties. That means at least 25% of the required number of signatures must come from the 44 counties.
These two factors alone cannot provide a comprehensive comparison of signature distribution requirements because the various jurisdiction requirements are different. Counties differ in population, while congressional and legislative districts are similar in population, and states have different numbers of counties, legislative districts, and congressional districts.
The table below provides a comparison of the two factors described above — the percentage of jurisdictions required and the percentage of signatures required to meet the distribution requirement:
Comparison of state ballot initiative distribution requirements (as of August 2023) | |||||
---|---|---|---|---|---|
State | Type | Citizen-initiated state statute | Citizen-initiated constitutional amendment | ||
Percentage of jurisdictions required | Percentage of signatures required relative to total | Percentage of jurisdictions required | Percentage of signatures required relative to total | ||
Alaska | State legislative districts | 75% of House districts | 53% of total required | N/A | N/A |
Arkansas | Counties | 67% of counties | 33% of total required | 67% of counties | 33% of total required |
Colorado | State legislative districts | None | None | 100% of Senate districts | 61% of total required |
Florida | Congressional districts | N/A | N/A | 50% of congressional districts | 50% of total required |
Idaho | State legislative districts | 51% of legislative districts | 51% of total required | N/A | N/A |
Maryland | Counties | 9% of counties | 0% of total required | N/A | N/A |
Massachusetts | Counties | 14% of counties | 0% of total required | 14% of counties | 0% of total required |
Mississippi | Congressional districts | N/A | N/A | 125% of congressional districts[53] | 125% of total required[53] |
Missouri | Congressional districts | 75% of congressional districts | 100% of total required | 75% of congressional districts | 100% of total required |
Montana | State legislative districts | 33% of legislative districts | 33% of total required | 40% of legislative districts | 40% of total required |
Nebraska | Counties | 40% of counties | 29% of total required | 40% of counties | 20% of total required |
Nevada | Congressional districts | 100% of congressional districts | 100% of total required | 100% of congressional districts | 100% of total required |
New Mexico | Counties | 75% of counties | 75% of total required | N/A | N/A |
Ohio (Existing) | Counties | 50% of counties | 25% of total required | 50% of counties | 25% of total required |
Ohio (Issue 1) | Counties | 50% of counties | 25% of total required | 100% of counties | 50% of total required |
Utah | State legislative districts | 90% of legislative districts | 90% of total required | N/A | N/A |
Wyoming | Counties | 70% of counties | 70% of total required | N/A | N/A |
History of ballot measures about direct democracy in Ohio
- See also: Direct democracy measures on the ballot
In 1912, voters approved the Initiative and Referendum Process Amendment, which created a state initiative and referendum process in Ohio. Between 1912 and 2022, voters addressed ballot measures to make changes to the initiative and referendum process nine times. Voters approved five of the ballot measures and rejected four.
Year | Type | Measure | Description | Outcome | Yes vote | No vote |
---|---|---|---|---|---|---|
1915 | CICA | Prohibit Re-Submitting Twice Rejected Constitutional Amendments for Six Years Initiative | Prohibit the submission of any constitutional amendment that has been rejected more than once, unless six years have passed | 46.39% | 53.61% | |
1923 | LRCA | Publication of Ballot Measures in Newspapers Amendment | Authorize the state to publish copies of ballot measures in newspapers, rather than sending copies to voters | 41.58% | 58.42% | |
1939 | CICA | Initiative and Referendum Signature Requirements Initiative | Replace the signature requirements based on electors with flat requirements - 100,000 signatures for constitutional amendments and 50,000 signatures for statutes | 21.49% | 78.51% | |
1971 | LRCA | Publication of Ballot Measures in Newspapers Amendment | Authorize the state to publish copies of ballot measures in newspapers, rather than sending copies to voters | 64.64% | 35.36% | |
1974 | LRCA | Issue 3: Ballot Board and Constitutional Amendments | Provide for the Ohio Ballot Board, require the Board to prepare language for constitutional amendments, and give the state Supreme Court jurisdiction in cases challenging ballot measure language | 71.96% | 28.04% | |
1976 | CICA | Issue 7: Initiative and Referendum Signature Requirements Initiative | Replace the signature requirements based on electors with flat requirements - 250,000 signatures for constitutional amendments, 150,000 signatures for statutes, and 100,000 for veto referendums | 32.80% | 67.20% | |
1978 | LRCA | Issue 1: Ballot Board to Write Measure Language Amendment | Require the Ohio Ballot Board to write the language for legislative and citizen-initiated ballot measures | 65.53% | 34.47% | |
2008 | LRCA | Issue 1: Ballot Initiative Signature Deadline Amendment | Change the signature deadline for initiatives from 90 days before the election to 125 days before the election | 68.67% | 31.33% | |
2015 | LRCA | Issue 2: Ballot Initiatives to Create Monopolies Amendment | Prohibit the use of citizen-initiated ballot measures to grant monopolies, oligopolies, or cartels | 51.33% | 48.67% |
Constitutional amendments in Ohio
- See also: List of Ohio ballot measures
In 1912, voters adopted 34 changes to the Ohio Constitution following a state constitutional convention. One of those changes created the initiative and referendum process.
From 1912 to 2022, voters decided on 269 constitutional amendments in Ohio, including:
- 42 convention-referred constitutional amendments;
- 71 citizen-initiated constitutional amendments; and
- 156 legislatively referred constitutional amendments
Voters approved 161 (59.85%) constitutional amendments between 1912 and 2022.
The following chart shows the outcomes for constitutional amendments in Ohio, as well as the outcomes for citizen-initiated amendments, legislative constitutional amendments, and convention-referred amendments.
Constitutional amendments in Ohio, 1913-2022 | ||||||||
---|---|---|---|---|---|---|---|---|
Outcome | Total | Citizen | Legislative | Convention | ||||
Approved | 161 | 59.85% | 19 | 26.76% | 108 | 69.23% | 34 | 80.95% |
Defeated | 108 | 40.15% | 52 | 73.24% | 48 | 30.77% | 8 | 19.05% |
Of the 161 voter-approved constitutional amendments, 69 passed with between 50% and 60% of the vote. Under Issue 1, these 69 amendments would have failed to meet the 60% vote requirement.
- There were 71 initiated constitutional amendments from 1912 to 2022. Voters approved 19 (26.76%). Of those 19 voter-approved amendments, eight received between 50% and 60% of the vote.
- There were 156 legislatively referred constitutional amendments from 1912 to 2022. Voters approved 108 (69.23%). Of those 108 voter-approved amendments, 42 received between 50% and 60% of the vote.
- There were 42 convention referred constitutional amendments in 1912. There were none in later years. Voters approved 34 (80.95%). Of those 34 voter-approved amendments, 19 received between 50% and 60% of the vote.
The following table lists the 69 constitutional amendments that received between 50% and 60% of the vote in Ohio from 1912 to 2022:
- Click [show] to expand the table below.
Measures to change ballot initiative processes
The following is a list of ballot measures that were designed to change ballot initiative processes and were certified for the ballot for elections in 2018 through 2022.
2022
State | Type | Title | Description | Result | Yes Votes | No Votes |
---|---|---|---|---|---|---|
AR | Issue 2 | Require a 60% vote to approve ballot initiatives |
|
353,812 (41%) |
511,580 (59%) |
|
AZ | Proposition 128 | Allow the Legislature to amend or repeal voter-approved ballot measures that contain provisions ruled unconstitutional by the Arizona Supreme Court or U.S. Supreme Court |
|
859,675 (36%) |
1,502,368 (64%) |
|
AZ | Proposition 129 | Require citizen-initiated ballot measures to embrace a single subject |
|
1,311,046 (55%) |
1,062,533 (45%) |
|
AZ | Proposition 132 | Require a 60% vote to pass ballot measures to approve taxes |
|
1,210,702 (51%) |
1,176,327 (49%) |
|
CO | Proposition GG | Require a table showing changes in income tax owed for average taxpayers in certain brackets to be included in the ballot title for initiated measures |
|
1,704,757 (72%) |
665,476 (28%) |
|
SD | Constitutional Amendment C | Require a three-fifths vote of approval for ballot measures that increase taxes or fees or require the state to appropriate $10 million or more in the first five fiscal years |
|
59,125 (33%) |
122,417 (67%) |
2020
State | Type | Title | Description | Result | Yes Votes | No Votes |
---|---|---|---|---|---|---|
AR | Issue 3 | Increase the signature distribution requirement for initiatives; eliminate the signature cure period; and move the signature submission deadline, among other changes |
|
503,028 (44%) |
638,319 (56%) |
|
FL | Amendment 4 | Require voter-approved constitutional amendments to be approved at a second general election |
|
4,853,402 (48%) |
5,356,792 (52%) |
|
MT | C-46 | Change language in constitution to match existing initiated amendment distribution requirements in statute |
|
426,279 (77%) |
128,295 (23%) |
|
MT | C-47 | Change language in constitution to match existing initiated statute and referendum distribution requirements in statute |
|
411,153 (75%) |
140,300 (25%) |
|
ND | Constitutional Measure 2 | Require voter-approved initiated constitutional amendments to be submitted to the Legislature, which must also pass the amendment; or, when the Legislature does not, the initiative must receive voter approval for a second time |
|
125,460 (38%) |
201,343 (62%) |
2019
State | Type | Title | Description | Result | Yes Votes | No Votes |
---|---|---|---|---|---|---|
ME | Question 2 | Allow for persons with physical disabilities that prevent them from signing their own names to use an alternative signature to sign ballot initiative petitions |
|
141,162 (76%) |
45,799 (24%) |
2018
State | Type | Title | Description | Result | Yes Votes | No Votes |
---|---|---|---|---|---|---|
CA | Proposition 71 | Move the effective date of ballot propositions from the day after election day to the fifth day after election results are certified |
|
4,527,073 (78%) |
1,288,385 (22%) |
|
SD | Amendment W | Require voter approval for substantive legislative changes to a voter-approved initiative or referendum and add the existing simple majority vote requirement for initiatives to the state constitution, among other changes |
|
142,769 (45%) |
174,081 (55%) |
|
SD | Constitutional Amendment X | Require a 55% vote to approve a constitutional amendment |
|
140,730 (46%) |
167,362 (54%) |
|
SD | Amendment Z | Enact a single-subject rule for constitutional amendments |
|
195,790 (62%) |
117,947 (38%) |
|
SD | Initiated Measure 24 | Prohibit out-of-state persons and entities from making contributions to ballot question committees in South Dakota |
|
174,960 (56%) |
140,172 (44%) |
How to cast a vote
- See also: Voting in Ohio
Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Ohio.
How to cast a vote in Ohio | |||||
---|---|---|---|---|---|
Poll timesIn Ohio, all polling places are open from 6:30 a.m. to 7:30 p.m. Eastern Time. Voters who are in line at 7:30 p.m. are permitted to vote.[54] Registration
To register to vote in Ohio, an applicant must be a United States citizen, a resident of Ohio for at least 30 days before the election, and at least 18 years old by the day of the election. Individuals who are incarcerated for a felony conviction, have been declared by a court to be incompetent for voting purposes, or have been permanently disenfranchised may not register to vote.[55] Applicants may register to vote online, in person, or by mail. The Ohio Voter Registration and Information Update Form is available online and can be requested by mail. In-person voter registration is available at various locations including the secretary of state and board of elections offices, Ohio Bureau of Motor Vehicles offices, public libraries and high schools, and other state agencies. A full list of locations is available here. The deadline to register to vote is 30 days before the next election. An Ohio driver’s license number, state ID card number, or the last four digits of a SSN is required in order to register to vote or update a voter registration.[56][57] Automatic registrationOhio does not practice automatic voter registration.[58] Online registration
Ohio has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationOhio does not allow same-day voter registration.[58] Residency requirementsProspective voters must be residents of Ohio for at least 30 days before the election.[58] Verification of citizenshipOhio does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, "whoever commits election falsification is guilty of a felony of the fifth degree."[59] Verifying your registrationThe Ohio Secretary of State’s Office allows residents to check their voter registration status online by visiting this website. Voter ID requirementsOhio requires voters to present photo identification while voting.[60] The following list of accepted ID was current as of April 2023. Click here for the Ohio Secretary of State page on accepted ID to ensure you have the most current information.
|
See also
External links
- Ohio Senate Joint Resolution 2 (2023)
- Ohio Secretary of State, "State Issue 1 Ballot Language," June 13, 2023
Footnotes
- ↑ Twitter, "Frank LaRose," August 8, 2023
- ↑ Dayton Daily News, "Issue 1 supporters concede: ‘It’s a question that was worth asking of the voters’," August 8, 2023
- ↑ Ohio Capital Journal, "Ohio’s Issue 1 goes down to defeat," August 8, 2023
- ↑ Susan B. Anthony Pro-Life America, "SBA Statement on Ohio Issue 1," August 8, 2023
- ↑ Twitter, "One Person One Vote," accessed August 9, 2023
- ↑ Twitter, "President Biden," August 8, 2023
- ↑ Politico, "Ohio voters reject changes to ballot process in a win for abortion rights," August 8, 2023
- ↑ Twitter, "Sen. Sherrod Brown," August 8, 2023
- ↑ Time, "Republicans' Lessons from Ohio," August 10, 2023
- ↑ Mediaite, "Hannity Suggests GOP Is Too Radical On Abortion After ‘Sobering’ Ohio Vote: ‘I Never Thought I’d Quote’ Bill Clinton," August 10, 2023
- ↑ The Guardian, "Ohio Republicans bet voters would dilute their own power. They lost," August 10, 2023
- ↑ CNN, "Opinion: For Republicans, the Ohio election result should set off a five-alarm fire," August 9, 2023
- ↑ 13.0 13.1 Ohio State Legislature, "Senate Joint Resolution 2," accessed June 2, 2023
- ↑ Protect Our Constitution, "Vote YES on Issue 1 Coalition Launches Campaign to Protect Our Constitution," May 23, 2023
- ↑ 15.0 15.1 Ohio Capital Journal, "'An Attempt to Fool Voters.' Ohio GOP sets up vote to weaken direct democracy," June 6, 2023
- ↑ WOUB, "New committee chair has plan to move proposal making it harder to amend Ohio’s constitution," April 2, 2023
- ↑ Statehouse News Bureau, "LaRose says Issue 1 is '100%' about stopping possible abortion amendment," June 6, 2023
- ↑ One Person One Vote, "Endorsements," accessed July 10, 2023
- ↑ Twitter, "Protect Women Ohio," July 7, 2023
- ↑ 20.0 20.1 Cleveland.com, "The first pro-State Issue 1 ads are hitting the airwaves, but they’re not coming from the ‘yes’ campaign," July 14, 2023
- ↑ Cleveland.com, "Ohio’s fight over State Issue 1 just one part of a larger national battle over ballot issues," June 4, 2023
- ↑ New York Times, "Abortion Drives Ohio Election on Amending the State Constitution," August 7, 2023
- ↑ The New Republic, "Ohio Republicans’ Devious Plot to Stop Voters From Legalizing Abortion," July 12, 2023
- ↑ Ohio Secretary of State, "Certified Ballot Language," accessed June 15, 2023
- ↑ 25.0 25.1 25.2 25.3 25.4 25.5 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
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tag; name "quotedisclaimer" defined multiple times with different content - ↑ Ohio Secretary of State, "Explanation for Issue 1," accessed July 8, 2023
- ↑ Protect Our Constitution, "Homepage," accessed May 24, 2023
- ↑ Protect Our Constitution, "Media," accessed July 8, 2023
- ↑ Ohio Secretary of State, "Vote Yes on Issue 1," accessed June 2, 2023
- ↑ One Person One Vote, "Homepage," accessed July 8, 2023
- ↑ Ohio Secretary of State, "Vote No on Issue 1," accessed June 2, 2023
- ↑ 32.0 32.1 32.2 Ohio Secretary of State, "Protect Our Constitution," accessed July 8, 2023
- ↑ Ohio Secretary of State, "Protect Women Ohio," accessed July 14, 2023
- ↑ 34.0 34.1 34.2 Ohio Secretary of State, "Protect Our Kids Ohio," accessed July 28, 2023
- ↑ 35.0 35.1 35.2 Ohio Secretary of State, "One Person One Vote," accessed July 8, 2023
- ↑ 36.0 36.1 Cite error: Invalid
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- ↑ FEC, "Save Our Constitution PAC Statement of Organization," March 31, 2023
- ↑ Statehouse News Bureau, "PAC backed by Illinois billionaire pushes for vote on making it harder to amend Ohio constitution," April 28, 2023
- ↑ The Hill, "Democratic super PAC launches ad hitting GOP on reproductive rights ahead of Ohio election," July 11, 2023
- ↑ Ohio Capital Journal, "GOP plan to advance 60% amendment in August looking wobbly after second hearing cancelled," May 4, 2023
- ↑ The Ohio Legislature, "Senate Joint Resolution 2," accessed May 10, 2023
- ↑ The Center Square, "LaRose: May 10 deadline for Ohio House to pass potential constitutional change," May 3, 2023
- ↑ Ohio Secretary of State, "2023-07," May 10, 2023
- ↑ 44.0 44.1 44.2 44.3 Ohio Supreme Court, "State ex rel. One Person One Vote et al. v. LaRose," May 12, 2023
- ↑ 45.0 45.1 45.2 45.3 Ohio Supreme Court, "State ex rel. One Person One Vote v. LaRose," June 16, 2023
- ↑ 46.0 46.1 Ohio Supreme Court, "State ex rel. One Person One Vote et al. v. Ohio Ballot Board," May 23, 2023
- ↑ Cleveland.com, "Court filing: State Issue 1 backers acknowledge error in ballot language, but say it doesn’t matter," June 6, 2023
- ↑ 48.0 48.1 Ohio Supreme Court, "Ruling," June 12, 2023
- ↑ Ohio State Legislature, "House Bill 458," accessed July 9, 2023
- ↑ Ohio House of Representatives, "Hall Introduces Bill to Eliminate August Special Elections," November 9, 2021
- ↑ 51.0 51.1 Ohio Capital Journal, "Ohio House committee continues debate on nixing August special elections," November 30, 2022
- ↑ Ohio Capital Journal, "In GOP flip, August special election will return," April 20, 2023
- ↑ 53.0 53.1 In Mississippi, the distribution requirement is based on five congressional districts. However, Mississippi has four congressional districts, meaning it's not possible for campaigns to collect the required number of signatures.
- ↑ Ohio Secretary of State, “Election Day Voting,” accessed April 12, 2023
- ↑ Ohio Secretary of State, “Voter Eligibility & Residency Requirements,” accessed April 12, 2023
- ↑ Ohio Secretary of State, “Register to Vote and Update Your Registration,” accessed April 6, 2023
- ↑ Democracy Docket, “Ohio Governor Signs Strict Photo ID Bill Into Law,” January 6, 2023
- ↑ 58.0 58.1 58.2 NCSL, "State Profiles: Elections," accessed August 7, 2024
- ↑ Ohio Secretary of State, "Voter Registration and Information Update Form," accessed November 2, 2024
- ↑ Ohio Secretary of State, "Identification requirements," accessed Aprl 6, 2023
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