Omar Bennett
The Ohio Constitution has provided a mechanism for citizens to initiate constitutional amendments through a ballot measure process since 1912. This process requires a simple majority (50% +1) of voter approval for an amendment to pass. However, in May 2023, the Ohio General Assembly approved a resolution to make it more challenging to amend the constitution by increasing the required voter approval to 60%. This change, known as Issue 1, was voted on in a special election on August 8, 2023, and its passage would have significant implications for the state's future constitutional amendments. The debate surrounding Issue 1 highlights the ongoing battle between those seeking to protect the power of citizen-led initiatives and those aiming to prevent impulsive changes to the constitution.
| Characteristics | Values |
|---|---|
| Number of state constitutional conventions held | 4 |
| Number of amendments to the constitution | 173 |
| Last amendment | Issue 1, November 7, 2023 |
| Requirements for citizen-led ballot initiatives | Petition signatures from 44 of 88 counties, with signatures from each county equal to at least 5% of the total vote cast for governor in that county in the last gubernatorial election |
| Previous majority vote requirement | 50% +1 |
| Current majority vote requirement | 60% |
| Previous ease of amending constitution | High compared to other states |
| Current ease of amending constitution | Low compared to other states |
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What You'll Learn
Ohio's constitution amendment process
The Ohio Constitution has included ways for citizens to amend it since at least 1912, when amendments required approval by a majority of Ohio voters (50% + 1). The process for citizens to propose amendments is as follows:
First, petition signatures must be obtained from at least 44 of Ohio's 88 counties. Second, from each of the 44 counties, there must be signatures equal to at least 5% of the total votes cast for the office of governor in that county at the last gubernatorial election. Third, the Secretary of State must determine the sufficiency of the signatures no later than 105 days before the election. Finally, for the proposed amendment to pass, a majority of voters must vote 'yes'.
The Ohio General Assembly can also propose amendments. Either branch of the General Assembly may propose amendments, and if three-fifths of the members elected to each house agree, the proposed amendments shall be entered into the journals and filed with the secretary of state at least 90 days before the date of the election. The General Assembly is responsible for disseminating information to inform electors about proposed amendments.
In 2023, the Ohio General Assembly approved a resolution to make it harder for citizens to amend the constitution by raising the required approval rate to 60% of the vote. This resolution was in response to the passage of HB 458, which abolished August special elections, and it was fast-tracked by the Ohio House by folding SB 92's election allocation into SJR 2. The ballot measure would amend Sections 1b, 1e, and 1g of Article II and Sections 1 and 3 of Article XVI of the Ohio Constitution.
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Citizen-led ballot initiatives
In Ohio, citizens can propose constitutional amendments through a ballot initiative process without the support of the Governor or Legislature. This process, also known as a citizen-led ballot initiative, empowers citizens to directly propose laws and amendments.
To initiate this process in Ohio, citizens must follow specific procedures outlined in the state's constitution and revised code. Firstly, a proposed constitutional amendment must be submitted for a statewide vote. Secondly, a simple majority of 50%+1 of state voters must approve the amendment. Thirdly, petition signatures must be collected from a diverse range of counties. Specifically, signatures must be obtained from at least 44 of Ohio's 88 counties, with each of these 44 counties contributing signatures equivalent to at least 5% of the total votes cast in the previous gubernatorial election. Finally, the Secretary of State is responsible for determining the validity of the signatures well in advance of the election, with a deadline of 105 days before the election.
However, recent developments in Ohio's political landscape have introduced changes to the citizen-led ballot initiative process. On May 10, 2023, the Ohio General Assembly approved a resolution to increase the threshold for amending the state constitution via citizen-led ballot initiatives. This resolution, known as State Issue 1, proposes to raise the required approval rate from a simple majority to 60% of the vote. The resolution also included plans to reinstate August special elections, which had been abolished by House Bill 458 due to cost concerns and low voter turnout. The Ohio House fast-tracked these plans by combining the election allocation with the resolution, creating an unprecedented situation.
The implications of this resolution are significant, marking the end of over a century of majority rule in Ohio. The higher approval rate of 60% gives a minority of voters the power to shape the state's future. This change could potentially impact a range of forthcoming constitutional amendments, such as efforts to enshrine the right to abortion, increase the minimum wage, legalize recreational marijuana, and reform Ohio's redistricting system.
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Legislative amendments
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 for amending the Ohio Constitution is outlined in Article XVI, Section 1, which states that the General Assembly may propose amendments by law. The proposed amendments, along with explanations and arguments for and against, must be published once a week for three consecutive weeks before the election in at least one newspaper in each county of the state.
The legislative amendment process in Ohio typically requires a simple majority (50% +1) of voter approval for an amendment to pass. However, in 2023, the Ohio General Assembly approved a resolution to make it harder to amend the constitution by increasing the required voter approval to 60%. This resolution, known as Issue 1, was voted on in a special election on August 8, 2023, and was approved by voters.
The Ohio Constitution has been amended numerous times through the legislative process. For example, in 2021, the Ohio Legislature passed House Bill 458, which abolished August special elections unless local governments have a fiscal emergency. This change was made to address the issue of low voter turnout in August special elections, which was cited as being around eight percent.
Another example of a legislative amendment to the Ohio Constitution is Issue 1 of 2018, which added Article XIX addressing congressional redistricting. This amendment passed with a simple majority of voter approval, as was the requirement at the time. The ability to initiate constitutional amendments and the requirement for voter approval are outlined in Section 1a of Article II of the Ohio Constitution.
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Convention-referred amendments
Article V of the U.S. Constitution establishes two methods for proposing amendments to the Constitution. The first method, which has been used thus far, requires both the House and the Senate to propose a constitutional amendment by a vote of two-thirds of the members present.
The second method, which has never been used, is the convention method. This method involves Congress calling a convention for proposing amendments upon the request of two-thirds of the state legislatures. While this method has been debated at length by scholars, some modern scholars believe that Congress may be able to block a convention by reviewing state applications and deciding if the requisite number of states has applied for a convention.
The convention method for proposing amendments provides an alternative way to amend the Constitution by allowing for a convention of the states. This method ensures that amendments are valid and considered part of the Constitution when ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states, as determined by Congress.
While the convention method has not been utilized, it remains a theoretical option for proposing amendments. The debate surrounding this method centers on the role of Congress in calling for a convention and the potential for states to influence Congress on specific matters.
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Amendments by citizen-initiated process
Ohio's Constitution has been amended 173 times, with the most recent amendment occurring on November 7, 2023. The state's constitution can be amended through a citizen-initiated process, a legislative process, or a convention-referred constitutional amendment, all of which require voter approval.
The citizen-initiated process, also known as a ballot initiative, allows citizens to propose amendments directly to the people of Ohio for a statewide vote. This process was created through a constitutional amendment approved by voters in 1912. To get a citizen-led initiative on the ballot, several requirements must be met. Firstly, petition signatures must be obtained from at least 44 of Ohio's 88 counties. Each of these 44 counties must have signatures amounting to at least 5% of the total votes cast for the governor's office in the preceding gubernatorial election. Additionally, initiative sponsors must submit 1,000 signatures with the initial petition application. The Secretary of State is responsible for determining the validity of the signatures no later than 105 days before the election. Once an initiative qualifies for the ballot, a simple majority (50% +1) of voter approval is required to pass the amendment.
However, in May 2023, the Ohio General Assembly approved a resolution to make it more challenging to amend the constitution through citizen-led initiatives. This resolution, known as Issue 1, proposes to increase the required voter approval for amendments from a simple majority to 60%. The resolution was in response to concerns about special interest groups influencing the constitution and aimed to ensure amendments reflect the broader will of the people. Opponents of Issue 1 argue that it undermines the power of citizens to hold lawmakers accountable and makes it harder to enact meaningful reforms.
The debate surrounding Issue 1 highlights the ongoing battle between those who seek to protect the citizen-initiated amendment process and those who wish to impose stricter requirements to prevent impulsive changes to the constitution.
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Frequently asked questions
The Ohio Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval.
A simple majority (50% +1) is currently required to amend the Ohio Constitution. However, there is a proposal to increase this threshold to 60% voter support, which has been a topic of debate.
Citizens can propose constitutional amendments by following the procedures outlined in the Ohio Constitution and Revised Code. This typically involves gathering petition signatures from a significant portion of the state's counties and submitting them for a statewide vote.
