Jonah Patel
The Ohio Constitution does allow for the use of referendums, also known as veto referendums, statute referendums, popular referendums, people's vetoes, or citizen's vetoes. A referendum is a citizen-initiated ballot measure that asks voters whether to uphold or repeal an enacted law. In Ohio, the number of signatures required for a veto referendum is 6% of the votes cast in the previous gubernatorial election. The process for filing a referendum petition is outlined in Ohio Revised Code Section 3519.01, which details the roles of the attorney general and secretary of state in reviewing and certifying proposed referendums.
| Characteristics | Values |
|---|---|
| Referendum process | A referendum petition is submitted to the attorney general for examination. |
| Petition requirements | The petition must contain a proposed law or constitutional amendment and a summary. It must be signed by one thousand qualified electors. |
| Attorney General's role | The attorney general reviews the petition and summary within ten days to determine if the summary is fair and truthful. |
| Certification | If the attorney general certifies the petition, they file a verified copy of the proposed law or amendment, the summary, and their certification with the secretary of state. |
| Ballot measures | Ohio allows veto referendums, where voters can uphold or repeal an enacted law, including legislative ratification of federal constitutional amendments. |
| Signature requirements | The number of signatures required for a veto referendum is 6% of the votes cast in the last gubernatorial election. |
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What You'll Learn
The Ohio Ballot Board
Before a proposed statewide issue can be placed on the ballot, several requirements must be met. The Ohio Ballot Board first determines whether the petition language contains a single issue. Secondly, the Board prescribes the official ballot language and any missing arguments for each statewide issue.
The Board ensures that the ballot language is clear, concise, and easy for voters to understand. They also work to ensure that all relevant information is provided to voters so they can make informed decisions. The Board's role is crucial in ensuring that the democratic process is fair and transparent.
Overall, the Ohio Ballot Board plays a vital role in the state's electoral process, ensuring that voters are well-informed and that any proposed changes to the Constitution are presented clearly and accurately on the ballot.
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Attorney General certification
The Ohio Constitution allows citizens to propose a law or constitutional amendment by initiative petition, which is subject to Attorney General certification. This process is outlined in the Ohio Revised Code.
To initiate this process, a written petition must be submitted by one thousand qualified electors. Along with the proposed law or amendment, a summary of it must also be included. The Attorney General then has ten days to examine the summary. If the Attorney General determines that the summary is a fair and truthful statement of the proposed law or amendment, they will certify it and forward the petition to the Ohio Ballot Board for its approval. If the Board approves the petition, the Attorney General must file a verified copy of the proposed law or amendment, along with the summary and their certification, with the Secretary of State.
The Attorney General's role in this process is crucial to ensuring the accuracy and fairness of the proposed law or amendment. They are responsible for reviewing and certifying the summaries of the petitions to ensure they accurately represent the proposed changes. This helps to maintain the integrity of the initiative petition process and ensures that citizens are fully informed when considering potential changes to the Ohio Constitution.
In the case of a referendum petition, the Attorney General is also responsible for reviewing and certifying the text of the measure to be referred. This includes comparing the text of the measure with the copy of the enrolled act on file in the Secretary of State's office to ensure accuracy. Again, this process helps to ensure that any referendum petitions accurately reflect the law or amendment in question.
If a citizen believes that an issue is not adequately addressed in the Ohio Constitution, they can propose a constitutional amendment through this process. By following the procedures outlined in the Ohio Constitution and Revised Code, citizens can submit a proposed amendment for a statewide vote. It's important to note that petitioners must comply with all applicable sections of both the Ohio Constitution and the Ohio Revised Code when pursuing this course of action.
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Constitutional amendments
The Ohio Constitution does allow for the use of referendums in the form of constitutional amendments and initiative petitions. These referendums are a way for citizens to have a direct say in the laws that govern them and can be used to propose new laws or amend existing ones.
To initiate a referendum in Ohio, a petition must be submitted to the attorney general with the proposed law or constitutional amendment. The petition must be signed by at least one thousand qualified electors and include a summary of the proposed change. The attorney general then has ten days to review the summary and determine if it is a fair and truthful representation of the proposed change. If the attorney general certifies the petition, they will file a verified copy of the proposed law or amendment, along with the summary and certification, with the secretary of state.
The Ohio Ballot Board plays a crucial role in this process. If the board divides an initiative petition into individual petitions, the petitioners must resubmit appropriate summaries for each proposed law or amendment. The attorney general then reviews these resubmissions within ten days and determines if they are fair and truthful statements. If certified by the attorney general, a verified copy of each proposal, along with its summary and certification, is filed with the secretary of state.
An example of a referendum in Ohio was the 1919 veto referendum on the ratification of the Eighteenth Amendment (Prohibition) of the U.S. Constitution. On November 5, 1918, voters approved a citizen-initiated constitutional amendment to allow veto referendums on the General Assembly's actions regarding federal constitutional amendments. However, when the veto referendum on the Eighteenth Amendment was put to a vote on November 4, 1919, it was defeated. This referendum sparked litigation, with George Hawke arguing that a state veto referendum on a federal constitutional amendment conflicted with Article V of the U.S. Constitution, which provides for legislative ratification of such amendments. The Ohio Supreme Court upheld the validity of the veto referendum, but the case was appealed to the U.S. Supreme Court.
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Initiative petitions
The Ohio Constitution does allow for the use of referendums, which are known as initiative petitions. An initiative petition is a proposal of law or constitutional amendment that is put forward by citizens and voted on separately by the voters.
To initiate an initiative petition in Ohio, a written petition must be submitted by one thousand qualified electors. This petition must include the proposed law or constitutional amendment and a summary of it. The summary is examined by the attorney general within ten days of receipt to determine if it is a fair and truthful statement of the proposed changes. If the attorney general certifies the summary as fair and truthful, it is then forwarded to the secretary of state, along with a verified copy of the proposed law or amendment and its summary.
The Ohio Ballot Board plays a crucial role in the process by reviewing and dividing initiative petitions into individual petitions containing only one proposal of law or constitutional amendment. This ensures that voters can consider each proposal separately. If the ballot board returns the petition with its certification, the attorney general files the necessary documents with the secretary of state.
The use of initiative petitions in Ohio provides a mechanism for direct democracy, allowing citizens to propose and vote on laws or amendments directly. This process empowers citizens to have a more direct impact on the legislative process and shape the laws that govern them.
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Veto referendums
The Ohio Constitution does allow for the use of referendums, specifically veto referendums. A veto referendum is a type of ballot measure that asks voters whether to uphold or repeal an enacted law. This process is also known as a statute referendum, popular referendum, people's veto, or citizen's veto.
In Ohio, the number of signatures required for a veto referendum is equal to 6% of the votes cast in the previous gubernatorial election. This allows citizens to have a direct say in the laws that affect them and ensures that the government remains accountable to the people.
The process for proposing a law or constitutional amendment in Ohio begins with an initiative petition. This petition must contain only a single proposal and include the text of any existing statutes or constitutional provisions that would be amended or repealed. The petition must be signed by one thousand qualified electors and submitted to the attorney general for examination. The attorney general then reviews the petition and its summary within ten days to determine if the summary is a fair and truthful representation of the proposed changes. If the attorney general certifies the petition as fair and truthful, it is then filed with the secretary of state, along with a verified copy of the proposed changes and their summary.
The use of veto referendums in Ohio has a history dating back to at least 1918. On November 5, 1918, voters approved a citizen-initiated constitutional amendment to allow veto referendums on the General Assembly's actions regarding the ratification of federal constitutional amendments. This amendment demonstrated the people's desire to have a direct say in the ratification process and to hold their government accountable at the state level.
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Frequently asked questions
Yes, the Ohio Constitution allows for the use of referendums, also known as veto referendums, which are citizen-initiated ballot measures that ask voters whether to uphold or repeal an enacted law.
To file a referendum petition in Ohio, one must submit a written petition signed by at least one thousand qualified electors, along with a summary of the proposed law or constitutional amendment to the attorney general for examination.
Once a referendum petition is submitted, the attorney general has ten days to review the summary and determine if it is a fair and truthful statement of the proposed law or constitutional amendment. If certified, the attorney general files a verified copy, along with the summary and certification, with the secretary of state.
