Simone Lawson
The Ohio Constitution is the fundamental document outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters. The constitution can be amended with a legislative, citizen-initiated, or convention-referred process, all of which require voter approval. Currently, a simple majority of 50% +1 of state voters is required to pass a proposed amendment. However, there is a proposed change to increase the required percentage of state voters to 60%, which has sparked debate and been referred to as Issue 1 on the ballot in August 2023. This amendment would also require signatures from all 88 counties in Ohio and eliminate the 10-day cure period for amendment campaigns. The context surrounding this proposed amendment includes discussions about abortion rights and the timing of the vote, with some suggesting that the change in voter percentage is a strategy to block a pro-abortion amendment.
| Characteristics | Values |
|---|---|
| Current voter approval required to amend the constitution | 50% +1, a simple majority |
| Proposed voter approval required to amend the constitution | 60% |
| Number of signatures required from Ohio counties | 44 out of 88 counties |
| Minimum number of signatures required from each county | 5% of the total vote cast for the office of governor in that county at the last gubernatorial election |
| Number of sections in Article XVI of the Ohio Constitution | 3 |
| Number of sections in Article XVII of the Ohio Constitution | 2 |
| Number of sections in Article XVIII of the Ohio Constitution | 14 |
| Number of sections in Article XIX of the Ohio Constitution | 3 |
| Number of delegates at the fourth state constitutional convention in 1912 | 119 |
| Number of constitutional amendments proposed at the fourth state constitutional convention in 1912 | 42 |
| Number of amendments approved by voters | 34 (80.95%) |
| Number of amendments rejected by voters | 8 (19.05%) |
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What You'll Learn
Citizen-led initiatives
The Ohio Constitution can be amended through a citizen-led initiative, a legislative process, or a convention-referred constitutional amendment. All amendment processes require voter approval.
However, there are efforts to increase the approval threshold for constitutional amendments. A recent proposal, known as Issue 1, seeks to raise the required voter approval percentage to 60%. This proposal would also eliminate the 10-day "cure period," during which campaigns can collect additional signatures if their initial batch is insufficient. The timing of this proposal is significant, as it coincides with the anticipated inclusion of enshrining the right to abortion on the November 2023 ballot.
The history of citizen-led initiatives in Ohio demonstrates the importance of this process in shaping the state's constitution. For example, in 1912, Ohio voters approved an amendment to end nepotism and cronyism by a narrow margin of 59.9%. This amendment, which may not have passed with a higher approval threshold, has had a lasting impact on the state's civil service appointments and promotions, mandating that they be based on merit and fitness rather than personal connections.
Overall, citizen-led initiatives provide a valuable mechanism for Ohio citizens to directly engage in the constitutional amendment process and address issues they feel strongly about. While there are discussions to raise the approval threshold, the current system allows for a more accessible pathway for citizens to initiate change at the state level.
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Legislative amendments
The Ohio Constitution can be amended through a legislative process, which is one of the three mechanisms for amending the state's constitution. The other two are citizen-initiated and convention-referred constitutional amendments. All three processes require voter approval.
The legislative process involves the Ohio General Assembly, which can propose amendments to the Ohio Constitution. For instance, the Ohio General Assembly adopted a two-pronged proposal to reinstate August special elections. This proposal comprised allowing for an August Special Election through Senate Bill 92 and approving Senate Joint Resolution 2 (SJR 2). SJR 2, if approved by voters, would require 60% of voter support to amend the Ohio Constitution instead of a simple majority. This proposal would amend Sections 1b, 1e, and 1g of Article II and Sections 1 and 3 of Article XVI of the Ohio Constitution.
The Ohio Constitution has been amended several times through the legislative process. One notable example is the amendment to Article XV, Section 10, which was approved by Ohio voters in 1912 with a slim majority of 59.9%. This amendment aimed to end nepotism and cronyism in civil service appointments and promotions, emphasising that these should be based on merit and fitness, determined through competitive examinations.
Another instance of legislative amendments to the Ohio Constitution occurred during the state's constitutional conventions. The third constitutional convention, held in 1873-1874, resulted in delegates proposing changes to restructure the state government. However, voters rejected the revised constitution. Similarly, the fourth constitutional convention in 1912 led to various proposals, including the creation of the citizen-initiated ballot measure process in Ohio.
It is worth noting that the process of amending the Ohio Constitution through legislative means can be complex and involve multiple steps, as illustrated by the example of the two-pronged proposal to reinstate August special elections.
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Convention-referred amendments
The Ohio Constitution can be amended through a legislative, citizen-initiated, or convention-referred process. All three mechanisms require voter approval.
To get a citizen-led initiative on the ballot to amend the Ohio Constitution, several requirements must be met. The current requirement for passing future proposed amendments is a simple majority (50% +1). Petition signatures must be obtained from at least 44 of the 88 counties in Ohio, with each county providing signatures equal to at least 5% of the total vote cast for the governor's office in the previous gubernatorial election. The Secretary of State must determine the validity of the signatures no later than 105 days before the election.
There have been recent efforts to increase the percentage of voter support required to amend the Ohio Constitution. The Ohio General Assembly initially adopted a two-pronged proposal, including allowing for an August Special Election through Senate Bill 92 (SB 92) and approving Senate Joint Resolution 2 (SJR 2). SJR 2, if approved by voters, would increase the required voter support to amend the constitution to 60%. The Ohio House fast-tracked these plans by folding SB 92's election allocation into SJR2. This proposal, known as Issue 1, was on the ballot in August 2023 and aimed to amend multiple sections of Article II and Article XVI of the Ohio Constitution.
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Voter approval
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 require a simple majority (50% + 1) of state voter approval to pass. Petitions must include signatures from at least 44 of Ohio's 88 counties, with each of the 44 counties providing signatures equal to at least 5% of the total vote cast in the last gubernatorial election. The Secretary of State must determine the validity of the signatures at least 105 days before the election.
In 2023, the Ohio General Assembly proposed a change to the amendment process, seeking to increase the voter support required to amend the constitution from a simple majority to 60%. This proposal, known as Issue 1, was placed on the August ballot. If approved by voters, it would amend Sections 1b, 1e, and 1g of Article II and Sections 1 and 3 of Article XVI of the Ohio Constitution.
The proposed change to the amendment process has been controversial. Some argue that it is a tactic to block a pro-abortion amendment from being included in the constitution. Others highlight that important provisions, such as the amendment to end nepotism and cronyism in 1912, would have been rejected had the higher passage rate been in effect, as it was approved by just under 60% of voters.
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Special elections
The Ohio Constitution can be amended through a legislative, citizen-initiated, or convention-referred process, all of which require voter approval. Citizen-initiated proposals must meet certain requirements to be placed on the ballot for a statewide vote. These requirements include obtaining petition signatures from a specified number of counties and a certain percentage of voters.
Currently, a simple majority (50%+1) of state voters is required to pass amendments. However, there is a proposed amendment to increase this threshold to 60% voter support, which has been a point of contention, with the Ohio General Assembly initially adopting a two-pronged proposal to reinstate August special elections.
The first part of the proposal would allow for an August Special Election via Senate Bill 92, and the second part, Senate Joint Resolution 2 (SJR 2), would require 60% voter support to amend the constitution if approved by voters. This proposal to increase the voter threshold has been linked to the context of abortion rights, with the timing of the August vote potentially influencing the passage of abortion rights amendments expected in November.
The Ohio Constitution has a history of amendments, with four state constitutional conventions held since Ohio became a state in 1803. The most recent convention took place in 1912, and amendments have been proposed and approved by voters over the years, including the creation of the citizen-initiated ballot measure process.
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Frequently asked questions
There are several proposed amendments to the Ohio Constitution. One proposal is to increase the percentage of state voters required to pass future amendments from 50% to 60%. Another proposal is to require signatures from all 88 counties in Ohio, with each county providing signatures equal to at least 5% of the total vote cast for the governor's office in the last gubernatorial election.
The Ohio Constitution can be amended through a legislative, citizen-initiated, or convention-referred process, all of which require voter approval.
Currently, a simple majority of 50% + 1 of state voters is required to pass an amendment. Petitions must obtain signatures from at least 44 of Ohio's 88 counties, with each of these counties providing signatures equal to at least 5% of the total vote cast in the last gubernatorial election. The Secretary of State must determine the validity of the signatures no later than 105 days before the election.
