Eleanor Finch
The Ohio Constitution has been amended many times, with the last major revision occurring in 1912. This revision was prompted by progressive demands for reform and resulted in 33-34 approved amendments out of 41-42 proposed. These amendments reflected the progressive ideals of the time, addressing issues such as working conditions, voter-led initiatives, and civil service protections. Since then, there have been several minor amendments, with the most recent one being the Ohio Initiated Monopolies Amendment, approved by voters in 2015.
| Characteristics | Values |
|---|---|
| Date of last amendment | 3 November 2015 |
| Name of last amendment | Ohio Initiated Monopolies Amendment, Issue 2 |
| Number of amendments made | 170 |
| Number of amendments made since 1912 | 170-9= 161 |
| Number of amendments proposed in 1912 | 41 or 42 |
| Number of amendments approved in 1912 | 33 or 34 |
| Number of amendments rejected in 1912 | 8 |
| Number of amendments proposed in 1978 | 1 |
| Number of amendments approved in 1978 | 1 |
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What You'll Learn
The Ohio Constitution has been amended 170 times
The first General Assembly 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, using the 1796 constitution of Tennessee as a model. The Ohio Constitution's Bill of Rights is similar to its federal counterpart but also includes the right to alter, reform, or abolish the government, rights of conscience and education, rights for victims of crime, a prohibition of imprisonment for debt, and the right to payment of damages for wrongful death.
In 1903, an amendment granted the governor veto powers. In 1912, the fourth state constitutional convention was held in Columbus, Ohio, with 119 delegates, including 62 Democrats, 52 Republicans, three independents, and two socialists. Voters approved 34 (80.95%) and rejected eight (19.05%) of the constitutional amendments. One notable amendment in 1918 gave voters the power to review legislative ratification of amendments to the U.S. Constitution, although this was found to be unconstitutional by the U.S. Supreme Court two years later.
In 1968, voters adopted the "Modern Courts Amendment," which significantly revised the article on the state judiciary by granting the Supreme Court of Ohio administrative control. The Ohio Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention.
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Most amendments occurred after 1912
The Ohio Constitution has been amended 170 times. Most of these amendments occurred after 1912, when the requirements for passing amendments loosened.
In 1912, the fourth state constitutional convention was held in Columbus, Ohio. The convention delegates wrote 41 or 42 amendments, which were submitted to Ohioans at the general election in November 1912. Voters approved 33 or 34 of the amendments and rejected eight others. The approved amendments reflected many Progressive reforms of the era, including granting the power to pass legislation that regulated working conditions in factories, set an eight-hour day for public works employees, and created a mandatory workmen's compensation system. Municipal home rule, direct primary elections, and voter-led initiatives and referendums were also approved.
The 1912 convention was convened due to pent-up demand for reform. Several national leaders addressed the convention, including President William Howard Taft, former president Theodore Roosevelt, three-time presidential candidate William Jennings Bryan, California's progressive governor Hiram Johnson, and Ohio's reform-minded governor Judson Harmon. The amendments drafted and submitted by the convention delegates expanded the state's bill of rights, provided for voter-led initiatives and referendums, and established civil service protections.
Since 1912, there have been several other notable amendments to the Ohio Constitution. In 1923, the text of the State Constitution was changed to remove the word "white" from the definition of voter eligibility, although Black people could vote in all State and Federal elections in Ohio due to the Fifteenth Amendment. In 1969, the General Assembly established the Ohio Constitutional Revision Commission, which made a number of recommendations to the General Assembly regarding amendments to the constitution. The legislature ended up submitting sixty amendments to the people, many of which were passed. More recently, in 2015, the Ohio Initiated Monopolies Amendment, also known as Issue 2, was approved by 51.33% of voters. As of 2023, there are ongoing efforts to amend the constitution to enshrine the right to abortion, increase the minimum wage, legalize recreational marijuana, and reform Ohio's redistricting system.
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Requirements for passing amendments have changed over time
The requirements for passing amendments to the Ohio Constitution have indeed changed over time. The original 1851 constitution was approved by a simple majority, and since 1912, amendments have required approval by a majority of Ohio voters (50% +1). However, in 2023, there were discussions to increase the approval rate to 60% through a ballot measure called Issue 1. This change would have a significant impact on the state, giving a minority of voters the power to determine the direction of Ohio.
Historically, the process of amending the Ohio Constitution has been challenging. Between 2008 and 2023, only six out of fifty-one separate groups were successful in placing proposed amendments on the ballot, with three wins and three losses. This process involves a citizen-led initiative, a legislative process, or a state constitutional convention. The citizen-led initiative, currently in place, requires 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 for the governor's office in the last gubernatorial election. Additionally, a simple majority (50% +1) of state voters must vote "yes" to pass the proposed amendment.
The requirements for passing amendments loosened after 1912, resulting in most amendments occurring after this date. In 1912, voters approved 34 out of 42 proposed amendments, significantly changing the 1851 Constitution. These amendments included expanding the state's bill of rights, providing for voter-led initiatives and referendums, and establishing civil service protections. However, it is worth noting that voters rejected amendments related to female suffrage, the use of voting machines, and the abolition of the death penalty.
The process of amending the Ohio Constitution has seen the involvement of various commissions. The General Assembly established the Ohio Constitutional Revision Commission in 1969, which made recommendations to the Assembly regarding amendments. Similarly, the Ohio Constitution Modernization Commission was established in 2011 but was terminated before its intended sunset date in 2020 due to the legislature's failure to propose most of its recommendations. These commissions have played a role in shaping the requirements and processes for amending the state's constitution.
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Citizen-led initiatives to amend the constitution are possible
The Ohio Constitution can be amended through citizen-led initiatives, which have been used to address issues such as redistricting reform and protecting abortion access. To get an initiative on the ballot, citizens must follow specific procedures outlined in the Ohio Constitution and Revised Code. The current requirements for a citizen-led initiative to amend the Ohio Constitution include securing a simple majority (50%+1) of state voter approval. Additionally, petition signatures must be collected from at least 44 of Ohio's 88 counties, with each of these 44 counties providing signatures equivalent to a minimum of 5% of the total votes cast in the previous gubernatorial election for that county. The Secretary of State is responsible for validating the signatures at least 105 days before the election, and petitioners have a 10-day "cure period" to address any deficiencies.
However, the process for citizen-led amendments is not without its challenges. In the case of State Issue 1, there were concerns about the influence of "out-of-state special interests" and the potential impact on majority rule. Proposed changes to the amendment process itself, such as increasing the required voter approval percentage to 60% and eliminating the "cure period", have been subjects of debate. Despite these obstacles, citizen-led initiatives have successfully amended the Ohio Constitution in the past, and they continue to be a means for citizens to drive change and protect their rights.
One notable example of a citizen-led initiative is the Citizens Not Politicians campaign, which aims to establish a citizen-led independent redistricting process for creating fair voting maps. Ohio has been criticized for gerrymandering, and this campaign seeks to replace the politician- and lobbyist-centered process. The campaign is working to gather the required number of signatures to place the redistricting amendment on the ballot in November 2024, demonstrating the ongoing efforts and possibilities for citizen-led changes to the Ohio Constitution.
Another instance where citizen-led initiatives played a significant role was in protecting abortion access. Despite opposition and efforts to block abortion-related measures, citizens and advocacy groups worked to counter these attempts and ensure that the right to abortion could be enshrined in the constitution. This included legal battles and investigations into coordinated campaigns funded by Republican mega-donors that sought to prevent amendments protecting abortion access.
While the process for amending the Ohio Constitution through citizen-led initiatives is rigorous and sometimes contentious, it empowers citizens to take control and drive change. It allows for direct democracy, bypassing unresponsive legislators and ensuring that the issues important to the people of Ohio can be addressed through statewide votes and, ultimately, constitutional amendments. Citizen-led initiatives are a powerful tool for Ohioans to shape their constitution and protect their rights.
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Constitutional amendments can also be legislatively referred
The Ohio Constitution has been amended 170 times, with most amendments occurring after 1912 when the requirements for passing amendments loosened. The last significant amendment to the Ohio Constitution was in 1923, when, despite the Fifteenth Amendment granting African Americans the right to vote in all State and Federal elections, the text of the State Constitution was changed to remove the word "white" from the 1851 Constitution's definition of voter eligibility.
Constitutional amendments can be legislatively referred, and this process varies across different states. Legislatively referred constitutional amendments involve the state legislature voting on amendments to refer them to the ballot for voter consideration. In 49 out of 50 states, voter approval is required to amend a state constitution. For example, in Alabama, a 60% vote is required from both chambers of the Alabama State Legislature during one legislative session to place a constitutional amendment on the ballot. In Alaska, a two-thirds vote in each legislative chamber of the Alaska State Legislature during one legislative session is required to refer a constitutional amendment to the ballot. In Arkansas, the General Assembly can refer no more than three constitutional amendments to an election ballot. In Illinois, the General Assembly can propose to amend no more than three articles of the state constitution at a single election.
In some states, there are additional requirements for legislatively referred constitutional amendments. For instance, in South Carolina, when voters approve a constitutional amendment, it returns to the state Legislature, which must approve the amendment a second time. In Pennsylvania, if voters reject a proposed constitutional amendment, the same amendment cannot be referred to voters again for at least five years.
The process of amending a constitution varies internationally as well. For example, in the Czech Republic, passage of a constitutional act requires the agreement of three-fifths of all Deputies and Senators present when the proposed act is laid before each house of Parliament. In Denmark, after an amendment is approved by parliament, a general election must be held, and the new parliament must approve the amendment again before submitting it to a referendum.
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Frequently asked questions
The last time the Ohio Constitution was amended was in 2015. This was known as the Ohio Initiated Monopolies Amendment or Issue 2.
There have been 170 amendments made to the Ohio Constitution.
The Ohio Constitution was first amended in 1903. This amendment granted the governor veto powers.
The fourth amendment to the Ohio Constitution was proposed in 1912 and empowered the legislature to fix the hours of labour.
The Ohio Constitutional Revision Commission was established in 1969 by the General Assembly. It made recommendations to the General Assembly regarding amendments to the constitution.
