Simone Lawson
The Ohio Constitution has been amended 173 times since its adoption in 1851. Amendments can be added via a legislative, citizen-initiated, or convention-referred process, all of which require voter approval. Citizens have the power to initiate constitutional amendments, with an 18-state allowance for this process. The Ohio Constitution's Bill of Rights includes the right to assemble, the right to bear arms, and protections against cruel and unusual punishment.
| Characteristics | Values |
|---|---|
| Number of state constitutions | 2 |
| Number of amendments to the current constitution | 173 |
| Last amendment | November 7, 2023 |
| Amendment methods | Legislative, citizen-initiated, convention-referred |
| Voter approval requirement | Yes |
| Voter threshold | Simple majority (50% + 1) |
| Signature requirements | 10% of votes cast in the last gubernatorial election, 1,000 signatures on the initial petition, signatures from at least 44 counties |
| Signature distribution requirement | Minimum of half the total required percentage of the gubernatorial vote in each of the 44 counties |
| Ballot language prescription | Majority of the Ohio ballot board |
| Ballot language publication requirements | Once a week for three weeks preceding the election in at least one newspaper in each county |
| Ballot challenge deadline | 64 days before the election |
| Ballot challenge grounds | Misleading, deceptive, or fraudulent language |
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What You'll Learn
Ohio's constitution amendment methods
The Ohio Constitution can be amended through a legislative, citizen-initiated, or convention-referred process, all of which require voter approval. The current constitution, adopted in 1851, has been amended 173 times.
The citizen-initiated amendment process, established through a constitutional amendment in 1912, allows citizens to propose constitutional amendments directly. This process requires gathering a significant number of signatures, equivalent to 10% of the votes cast in the previous gubernatorial election, from across Ohio's counties. A simple majority vote (50% plus 1) is then needed for voter approval of the proposed amendment.
The legislative process involves the General Assembly proposing constitutional amendments. The ballot language for these amendments is prescribed by a majority of the Ohio Ballot Board, which includes the secretary of state and four other members from different political parties. The ballot language and explanations are published in newspapers and made available for public inspection before the election. The General Assembly is responsible for ensuring that information about proposed amendments reaches electors.
Convention-referred amendments occur through constitutional conventions, such as the one held in 1912, where delegates propose amendments that are then submitted to voters for approval. This process was also used in 1850-1851 to address imbalances in state power, resulting in the current constitution.
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Citizen-initiated amendments
The Ohio Constitution can be amended through a citizen-initiated process, which involves a ballot measure that is proposed and sponsored by citizens. This process was established through a constitutional amendment approved by voters in 1912.
To initiate a constitutional amendment in Ohio, citizens must follow several steps. Firstly, they need to gather a significant number of signatures. The specific requirement is 10% of the votes cast in the previous gubernatorial election. Additionally, Ohio has a signature distribution requirement, mandating that these signatures be collected from a geographically diverse set of counties. Specifically, signatures must be gathered from at least 44 of Ohio's 88 counties, with a minimum of half the required percentage of signatures coming from each of these 44 counties. Moreover, initiative sponsors must submit 1,000 signatures with their initial petition application.
Once the required number of signatures is obtained, the proposed amendment proceeds to the ballot. For a citizen-initiated amendment to be approved and become part of the constitution, it must receive a simple majority vote (50% plus 1) from the voters. This process empowers citizens to directly propose and enact changes to the state's governing document, bypassing the legislature.
The citizen-initiated amendment process in Ohio has contributed to significant constitutional changes. For example, in 1912, voters approved 34 out of 42 proposed amendments, which substantially altered the 1851 Constitution. These amendments expanded the state's bill of rights, established civil service protections, and provided for voter-led initiatives and referendums.
It is worth noting that the Ohio Constitution has been amended multiple times through different mechanisms since its adoption in 1851. The current constitution, with 19 articles, has been amended 173 times as of 2023. The most recent amendment, approved by voters on November 7, 2023, demonstrates the continued evolution of Ohio's governing framework.
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Legislative amendments
The Ohio Constitution can be amended through a legislative process, which involves the General Assembly proposing a constitutional amendment to be put to a vote. This process is outlined in Article XVI, Section 1 of the Ohio Constitution. To initiate this process, a majority of the Ohio ballot board prescribes the ballot language for the proposed amendment. The ballot board consists of the secretary of state and four other members, with no more than two members belonging to the same political party.
The ballot language must accurately convey the substance of the proposal, although it need not include the full or condensed text of the proposed amendment. Along with the ballot language, the ballot board also prepares an explanation of the proposal, including its purpose and potential effects. This information is then certified and sent to the secretary of state at least 75 days before the election.
To ensure that electors are informed about the proposed amendment, the General Assembly is responsible for disseminating information through various channels. The proposed amendment, ballot language, explanations, and arguments for and against (if any) must be published once a week for three consecutive weeks before the election in at least one newspaper of general circulation in each county of the state. This information must be made available for public inspection in the office of the secretary of state.
Once the election is held, the proposed amendment is adopted if it receives a majority of the votes. It then becomes part of the Ohio Constitution. It is important to note that no legal challenges can be filed against the ballot language, explanations, or procedures of the General Assembly related to the adoption of the amendment less than 64 days before the election.
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Convention-referred amendments
The Ohio Constitution can be amended through a convention-referred constitutional amendment, which is one of three mechanisms for amending the state's constitution. The other two are citizen-initiated and legislative processes. A convention-referred amendment is proposed by delegates at a constitutional convention, and it requires voter approval to be added to the constitution.
The Ohio Constitutional Convention of 1912, held in Columbus, proposed 42 amendments to the 1851 Constitution. These amendments were drafted and submitted to voters by the delegates, who were generally progressive in their outlook. The amendments included expanding the state's bill of rights, providing for voter-led initiatives and referendums, establishing civil service protections, and granting the governor a line-item veto in appropriation bills. Of the 42 proposed amendments, 34 were approved by voters, and eight were rejected. This included the rejection of female suffrage, the use of voting machines, and the abolition of the death penalty.
The 1912 convention was convened due to pent-up demand for reform during the Progressive Era. Notable delegates included President William Howard Taft, former president Theodore Roosevelt, and California's progressive governor Hiram Johnson. The convention's proposals were so sweeping that most legal scholars consider the resulting document to be a new "1912 Constitution."
Prior to the 1912 convention, a constitutional convention was held in 1873, which proposed a new constitution that included annual sessions of the legislature and the establishment of state circuit courts. However, this proposal was defeated by voters, largely due to their opposition to the licensing of liquor sales.
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Ballot language requirements
The ballot language for proposed amendments to the Ohio Constitution is prescribed by a majority of the Ohio Ballot Board, which consists of the secretary of state and four other members, with no more than two members belonging to the same political party. The ballot language must accurately convey the substance of the proposal to be voted on. While the ballot need not contain the full text or a condensed version of the proposal, it should not be misleading, deceptive, or fraudulent to voters.
The Ohio Ballot Board is also responsible for preparing an explanation of the proposal, which may include its purpose and expected effects. This explanation, along with the ballot language, must be certified to the secretary of state at least 75 days before the election. The board is tasked with disseminating information to inform electors about the proposed amendments. This includes publishing the proposed amendments, ballot language, explanations, and any arguments for or against the amendments once a week for three consecutive weeks before the election in at least one newspaper of general circulation in each county of the state.
In the case of a constitutional amendment submitted by the General Assembly, the election cannot be invalidated due to faulty explanations, arguments, or other information. If the majority of electors vote to adopt such amendments, they become part of the constitution.
To initiate a constitutional amendment process in Ohio, citizens must gather a number of signatures equal to 10% of the votes cast in the previous gubernatorial election. Additionally, Ohio requires initiative sponsors to submit 1,000 signatures with the initial petition application, and these signatures must be gathered from at least 44 of Ohio's 88 counties.
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Frequently asked questions
The Ohio Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a convention-referred process. All three processes require voter approval.
A simple majority vote (50% plus 1) is required for voters to approve constitutional amendments in Ohio.
For a citizen-initiated constitutional amendment, Ohio requires signatures from 10% of the votes cast in the last gubernatorial election. Additionally, initiative sponsors must submit 1,000 signatures with the initial petition application, and signatures must be gathered from at least 44 of Ohio's 88 counties.
The current Ohio Constitution has been amended 173 times. The most recent amendment was approved by voters on November 7, 2023.
