Malcolm Rivera
The Ohio Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. The Ohio Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. A citizen-led initiative to amend the constitution requires signatures from at least 44 of Ohio's 88 counties, with signatures equal to at least 5% of the total gubernatorial vote in each of those counties. The Ohio State Legislature can also refer constitutional amendments to the ballot for voters to decide, requiring a 60% vote during one legislative session.
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What You'll Learn
- The Ohio Constitution has been amended 173 times
- Legislative, citizen-initiated, and convention-referred processes are all options
- A 60% vote is required to place an amendment on the ballot
- Amendments require signatures from 44 of Ohio's 88 counties
- Examples of amendments: ending nepotism, increasing minimum wage
The Ohio Constitution has been amended 173 times
The process of amending the Ohio Constitution is outlined in Article XVI of the constitution, which consists of three sections. There are three mechanisms for amending the constitution: a citizen-initiated process, a legislative process, and a state constitutional convention process. The citizen-initiated process requires signatures equal to 10% of the votes cast in the last gubernatorial election, with signatures gathered from at least 44 of Ohio's 88 counties. The legislative process allows the state legislature to refer constitutional amendments to the ballot for voters to decide, requiring a 60% vote during one legislative session. The state constitutional convention process involves convening a convention to draft and propose amendments, which are then submitted to the voters for approval.
The Ohio Constitution has been amended numerous times to expand the state's bill of rights, provide for voter-led initiatives and referendums, establish civil service protections, and revise the state's judiciary. One notable amendment in 1918 gave voters the power to review legislative ratification of amendments to the U.S. Constitution, although this was later found to be unconstitutional by the U.S. Supreme Court. Another significant amendment was the "Modern Courts Amendment" in 1968, which granted the Supreme Court administrative control of the state's judiciary.
The most recent amendment to the Ohio Constitution was approved by voters on November 7, 2023, known as Issue 1. This amendment addressed congressional redistricting and added Article XIX to the constitution.
Amending the Constitution: What's Required?
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Legislative, citizen-initiated, and convention-referred processes are all options
The Ohio Constitution can be amended through legislative, citizen-initiated, or convention-referred processes, all of which require voter approval. The state legislature can refer constitutional amendments to the ballot for voters to decide. This requires a 60% vote during one legislative session for the Ohio State Legislature to place a constitutional amendment on the ballot.
The citizen-initiated process allows citizens to propose constitutional amendments for a statewide vote. The current requirement for a citizen-led initiative to amend the Ohio Constitution is a simple majority of 50%+1 of state voters. Petitioners must gather signatures from at least 44 of Ohio's 88 counties, with the number of signatures required being half the total percentage of the gubernatorial vote in each of those 44 counties. Petitions can circulate indefinitely, and signatures are due 125 days before the general election that proponents want the initiative on.
Convention-referred constitutional amendments are also possible, and Ohio has held four state constitutional conventions in the past, including in 1802, 1850-1851, and 1873-1874.
The Ohio Constitution has been amended 173 times, with the most recent amendment, Issue 1, approved by voters on November 7, 2023.
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A 60% vote is required to place an amendment on the ballot
The Ohio Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. The legislative process, which is the focus of this discussion, allows the state legislature to propose amendments that will be put to a vote by the people of Ohio.
According to Article XVI of the Ohio Constitution, titled "Amendments," the Ohio State Legislature can refer constitutional amendments to the ballot for voters to decide. However, a 60% supermajority vote is required during a single legislative session for an amendment to be placed on the ballot. This higher threshold ensures that any changes to the constitution reflect the will of a significant portion of the legislature and helps prevent hasty or partisan changes.
The 60% requirement serves as a safeguard against the potential manipulation of special elections, which have historically suffered from low voter turnout. By mandating a higher threshold, the state legislature can ensure that any amendments to the constitution are approved by a substantial majority, reflecting a broader consensus. This process also helps to protect the constitution from "sweetheart deals" or special interests that may not represent the best interests of the people of Ohio.
It is worth noting that the current Ohio Constitution has been amended 173 times, demonstrating the state's ability to adapt and respond to the changing needs of its citizens. The most recent amendment, approved by voters on November 7, 2023, known as Issue 1, showcases the ongoing evolution of Ohio's governing document. While the 60% vote requirement for placing an amendment on the ballot is a critical aspect of the legislative process, it is just one step in the broader framework of constitutional amendment procedures in Ohio.
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Amendments require signatures from 44 of Ohio's 88 counties
The Ohio Constitution can be amended through a legislative, citizen-initiated, or convention-referred process, all of which require voter approval. Citizen-led initiatives to amend the constitution must meet specific requirements to be placed on the ballot. One such requirement is that petition signatures must be obtained from a significant number of Ohio's counties.
Ohio has a signature distribution requirement, which mandates that signatures be gathered from a sizable portion of the state's counties. Specifically, petitions must include signatures from at least 44 of Ohio's 88 counties. This ensures that any proposed constitutional amendment has a broad base of support across the state and is not limited to a small geographic area.
In addition to the numerical requirement, there are also rules regarding the percentage of signatures that must be collected from each of the 44 counties. Petitioners must gather signatures equal to a minimum of half of the total required percentage of the gubernatorial vote in each of these counties. This means that the support for a potential amendment is evenly distributed across the represented counties.
The process of amending the Ohio Constitution is designed to be rigorous and inclusive, ensuring that any changes made reflect the will of a significant portion of the state's citizens. The requirement of signatures from 44 of Ohio's 88 counties is a crucial aspect of this process, guaranteeing that a diverse range of voices are heard and considered in the amendment process.
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Examples of amendments: ending nepotism, increasing minimum wage
In 1912, Ohio voters approved an amendment to end nepotism and cronyism by 59.9%. Article XV, Section 10 of the Ohio Constitution now states:
> Appointments and promotions in the civil service of the state, the several counties, and cities, shall be made according to merit and fitness, to be ascertained, as is practicable, by competitive examinations. Laws shall be passed providing for the enforcement of this provision.
In 2006, Ohioans passed a citizen-initiated constitutional amendment that raised the state minimum wage to $6.85 per hour. The minimum wage has been raised each year following that based on the consumer price index. However, due to the rapid cost-of-living increases exacerbated by COVID-19, there have been calls for another bump in the minimum wage.
Raise the Wage Ohio is collecting signatures to put a proposed constitutional amendment on the ballot that would raise the minimum wage to $12.75 an hour starting in 2025 and then $15 an hour in 2026. This amendment would also eliminate Ohio's tipped wage. As of April 2024, they had collected more than 350,000 signatures out of the required 413,000 needed by July.
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Frequently asked questions
The Ohio Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment. All three processes require voter approval.
If a citizen feels that an issue is not addressed properly in the Ohio Constitution, they can submit a proposed constitutional amendment to the people of Ohio for a statewide vote. To get a citizen-led initiative on the ballot, petition signatures must be obtained from at least 44 of the 88 counties in Ohio. From each of the 44 counties, there must be signatures equal to at least 5% of the total vote cast for the office of governor in the last gubernatorial election.
According to Article XVI of the Ohio Constitution, the state legislature can refer constitutional amendments to the ballot for voters to decide. A 60% vote is required during one legislative session for the Ohio State Legislature to place a constitutional amendment on the ballot.
The current Ohio Constitution has been amended 173 times. Examples of amendments include ending nepotism and cronyism in civil service appointments and promotions, and adding an article on congressional redistricting. Other potential amendments include increasing the minimum wage, legalizing recreational marijuana, and reforming Ohio's redistricting system.
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