Omar Bennett
The Ohio Constitution has been amended 173 times, with the most recent amendment taking place on November 7, 2023, when voters approved Issue 1. The Ohio Constitution outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Amendments to the Ohio Constitution have required approval by a majority of Ohio voters (50% +1) since 1912, when voters adopted 34 of 42 proposed amendments, significantly changing the constitution.
| Characteristics | Values |
|---|---|
| Date of Amendment | 7 November 2023 |
| Name of Amendment | Issue 1 |
| Type of Amendment | Legislative, citizen-initiated, or convention-referred |
| Voter Approval Required | Yes |
| Percentage of Voter Approval Required | 50% +1 |
| Number of Counties Required for Petition Signatures | 44 out of 88 |
| Minimum Number of Signatures Required per County | 5% of the total vote cast for the office of governor in that county in the last gubernatorial election |
| Signature Distribution Requirement | Yes, signatures must be gathered from a minimum of half the total required percentage of the gubernatorial vote in each of the 44 counties |
| Number of Signatures Required with Initial Petition Application | 1,000 |
| Deadline for Secretary of State to Determine Sufficiency of Signatures | 105 days before the election |
| Previous Amendment | Issue 1 of 2018 added Article XIX, addressing congressional redistricting |
| Number of Amendments to the Ohio Constitution | 173 |
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What You'll Learn
History of the Ohio Constitution
The Constitution of Ohio is the state's basic governing document. Ohio has had three constitutions since statehood was granted in 1803, when it became the 17th state to join the United States of America.
The first Ohio Constitution was drafted in 1802, at a state constitutional convention in Chillicothe, Ohio. It provided for a "`weak` governor and judiciary", with most power vested in a bicameral legislature, known as the General Assembly. This constitution prohibited slavery, but also banned African American suffrage. It also included provisions for education, prohibiting laws that would prevent poor children from receiving an education.
The second constitution was adopted in 1851, with 16 articles and 169 sections. This constitution included a requirement for the establishment of a public school system. It also mandated that state legislative districts be based on county lines.
In 1912, voters approved 34 of 42 proposed amendments to the 1851 Constitution, which most legal scholars consider to have become a new "1912 Constitution". These amendments included the creation of the citizen-initiated ballot measure process, and the expansion of the state's bill of rights. Since 1912, amendments have required approval by a majority of Ohio voters (50% +1). Most amendments have occurred after this date, as the requirements for passing amendments loosened.
The current Ohio Constitution has 19 articles and has been amended 173 times. The most recent amendment was approved by voters on November 7, 2023, when voters approved Issue 1, which would raise the approval for changes to the constitution to 60% of the vote.
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Process of amending the constitution
The process of amending the Ohio Constitution is a multi-step procedure that requires the involvement of both the state legislature and the voters of Ohio. Here is an overview of the process:
The amendment process can be initiated by either a resolution introduced in the Ohio General Assembly (the state legislature) or a citizen initiative. For a resolution, it must be passed by a majority vote in both the House and the Senate. If it is a citizen initiative, signatures must be collected from registered Ohio voters. The number of signatures required is a percentage of the votes cast in the most recent gubernatorial election, and they must be gathered within a specified time frame.
Once the proposed amendment has been introduced and passed by the General Assembly or through the initiative process, it is then placed on the ballot for the next general election. This allows the people of Ohio to have a direct say in whether or not the amendment should become a part of their constitution.
For an amendment to be approved and enacted, it must receive a majority of the votes cast on that particular amendment. This is a simple majority, meaning more than half of the votes on that issue. If approved, the amendment becomes a part of the Ohio Constitution.
The Ohio Constitution can also be amended through a constitutional convention. This process is outlined in Article II of the constitution. It requires the General Assembly to call for a convention upon receiving petitions from a number of qualified electors equal to 10% of the votes cast for governor at the preceding election. The convention delegates would then propose amendments, which would be subject to voter approval.
The most recent amendment to the Ohio Constitution is the result of the first process, where the General Assembly proposed the amendment. This amendment, passed in 2021, relates to a change in the state legislative district drawing process. Known as Amendment B, it establishes a bipartisan process for drawing state legislative districts, aiming for more competitive elections and fairer representation. This amendment was proposed by the General Assembly and then approved by voters in the 2021 general election.
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Citizen-led initiatives
The Ohio Constitution is the state's fundamental document, outlining Ohio's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. Ohio has had three constitutions since statehood was granted in 1803, with the second coming into effect in 1851. The current Ohio Constitution has been amended 173 times, most of which occurred after 1912 when the requirements for passing amendments loosened.
The Ohio Constitution can be amended with a legislative, citizen-initiated, or convention-referred constitutional amendment, all of which require voter approval. Citizen-led initiatives, also known as citizen-initiated constitutional amendments, are a process by which citizens can propose changes to the state's constitution. Ohio is one of 18 states that allow this process. To get a citizen-led initiative on the ballot to amend the Ohio Constitution, several requirements must be met:
- A simple majority (50% +1) of state voters must vote "yes" to pass the proposed amendment.
- Petition signatures must be obtained from at least 44 of Ohio's 88 counties.
- From each of the 44 counties, there must be signatures equal to at least 5% of the total vote cast for the governor's office in that county in the last gubernatorial election.
- Initiative sponsors must submit 1,000 signatures with the initial petition application.
- The Secretary of State must determine the sufficiency of the signatures no later than 105 days before the election.
The process of citizen-led initiatives in Ohio has been in place since the fourth constitutional convention in 1912, when delegates proposed 42 amendments, 34 of which were approved by voters. This process allows citizens to have a direct say in shaping the state's constitution and addressing issues they feel are not properly represented in the current document.
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Legislative amendments
The Ohio Constitution has been amended 173 times since its inception, with most amendments occurring after 1912 when the requirements for passing amendments were loosened. In 1912, Ohio held its fourth and final constitutional convention, with delegates proposing 42 amendments, of which 34 were approved by voters. This significantly changed the constitution, with amendments on direct democracy, home rule, civil service, and the elimination of the supermajority requirement for amendments proposed by the General Assembly.
The General Assembly can propose amendments with a 60% vote, and since 1912, Ohio voters have approved 109 out of 158 such amendments, a 69% success rate. The General Assembly's ability to propose amendments without a constitutional convention was a key feature of the 1851 Constitution, which transferred power from the General Assembly to the people.
The process for citizen-led initiatives to amend the constitution is outlined in the Ohio Constitution and Revised Code. It requires signatures from at least 44 of Ohio's 88 counties, with each county's signature count being at least 5% of the total votes cast for the governor's office in that county during the last gubernatorial election. Additionally, initiative sponsors must submit 1,000 signatures with the initial petition application.
The most recent amendment to the Ohio Constitution was approved by voters on November 7, 2023, known as Issue 1. This amendment seeks to raise the approval threshold for changes to the constitution from a simple majority (50% +1) to 60% of the vote. This change has significant implications for the state, as it ends over a century of majority rule and gives a minority of voters the power to determine Ohio's direction.
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Constitutional conventions
The Constitution of the State of Ohio is the basic governing document of the State of Ohio, which became the 17th state to join the United States of America in 1803. Ohio has had three constitutions since statehood was granted. The first General Assembly first met in Chillicothe, the new state capital, on March 1, 1803, which is considered the date of Ohio statehood. Judge Charles Willing Byrd was the primary author of the document. He used the 1796 constitution of Tennessee as a model, with those of Pennsylvania and Kentucky as other influences. Provisions in the constitution included a ban on slavery but also included a prohibition on African American suffrage. The constitution provided for amendment only by convention. An attempt in 1819 was rejected by voters.
Ohio has had several constitutional conventions throughout its history. The first was the Ohio Constitutional Convention of 1802, which adopted what became known as the 1802 Constitution. This convention was held in November 1802 in Chillicothe, Ohio, and it addressed concerns about the territorial governor Arthur St. Clair's heavy-handed rule. The 1802 Constitution provided for a “weak” governor and judiciary, with most power vested in a bicameral legislature, known as the General Assembly.
Another notable constitutional convention took place in 1850-1851, which resulted in a new constitution being drafted and subsequently adopted in a statewide referendum on June 17, 1851. This convention was directed by the voters and aimed to redress the checks and balances of power in the state. The 1851 Constitution included 16 articles and 169 sections, and it is the same constitution under which Ohio still operates today, despite numerous amendments.
The Ohio Constitutional Convention of 1912, during the Progressive Era, was another significant gathering. This convention was attended by several national leaders, including President William Howard Taft and former president Theodore Roosevelt. The delegates proposed a series of amendments to the 1851 Constitution, expanding the state's bill of rights, providing for voter-led initiatives, and establishing civil service protections. Voters approved 34 of the 42 proposed amendments, with most legal scholars considering it a new "1912 Constitution".
The most recent discussion regarding the Ohio Constitution is the 2023 Issue 1 on the Ballot in August, which proposes to raise the approval threshold for changes to the Ohio Constitution from a simple majority (50% +1) to 60% of the vote. This proposal has sparked debates about the potential impact on future constitutional amendments and the representation of the will of Ohio voters.
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Frequently asked questions
The Ohio Constitution can be amended through a legislative, citizen-initiated, or convention-referred constitutional amendment. All amendment processes require voter approval. For a citizen-initiated amendment, signatures from at least 44 of Ohio's 88 counties are required, with each of the 44 counties providing signatures equal to at least 5% of the gubernatorial vote from the previous election.
The most recent amendment to the Ohio Constitution was approved by voters on November 7, 2023, and was known as Issue 1.
Issue 1 proposed to raise the approval threshold for amending the Ohio Constitution to 60% of the vote, up from the previous simple majority requirement.
The passage of Issue 1 has significant implications for the future of Ohio's constitutional amendments. It ends over a century of majority rule and introduces a higher standard for approving changes to the constitution. This new threshold could impact upcoming ballot measures, such as enshrining the right to abortion, increasing the minimum wage, legalizing recreational marijuana, and reforming redistricting.
