Omar Bennett
The Ohio Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. Citizens can propose constitutional amendments by submitting a proposed amendment to the people of Ohio for a statewide vote. This requires petition signatures from at least 44 of the 88 counties in Ohio, with each county contributing signatures equal to at least 5% of the total votes cast for the governor's office in the previous gubernatorial election. The state legislature can also refer constitutional amendments to the ballot, with a 60% vote required during one legislative session to place it on the ballot. Additionally, according to Article XVI, Section 3 of the Ohio Constitution, a question about holding a state constitutional convention appears on the state's ballot every 20 years, starting in 1932.
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What You'll Learn
Citizen-led ballot initiatives
The Ohio Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. The citizen-initiated process, also known as a citizen-led ballot initiative, allows citizens of Ohio to propose and enact changes to the state's constitution directly. This process empowers citizens to have a direct impact on shaping the laws and policies that govern their state.
The process for a citizen-led ballot initiative in Ohio is outlined as follows: Firstly, a proposed amendment must be submitted to the people of Ohio for a statewide vote. This requires gathering petition signatures from registered voters across the state. Ohio has a signature distribution requirement, mandating signatures from a diverse range of counties. Specifically, petition signatures must be obtained from at least 44 of Ohio's 88 counties. Within each of these 44 counties, the number of signatures must be equal to or greater than 5% of the total votes cast for the office of governor in that county during the previous gubernatorial election.
The next step is to submit the initiative draft, along with the required number of signatures, to the appropriate authorities for review and approval. The specific procedures for submission and approval are outlined in the Ohio Constitution and Revised Code. Once an initiative is approved, it proceeds to the statewide ballot, where Ohio voters will have the opportunity to approve or reject the proposed amendment. It's important to note that the approval threshold for amendments to the Ohio Constitution has varied over time. In 1851, a simple majority of 50% +1 was required to approve amendments. However, in more recent times, efforts have been made to increase this threshold to 60%, which would significantly impact the amendment process.
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State Legislature
The Ohio Constitution provides three mechanisms for amending the state's constitution, including a citizen-initiated process, a legislative process, and a state constitutional convention.
The state Legislature can refer constitutional amendments to the ballot for voters to decide. A 60% vote is required during one legislative session for the Ohio State Legislature to place a constitutional amendment on the ballot. This amounts to a minimum of 60 votes in the Ohio House of Representatives and 20 votes in the Ohio State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Legislatively-referred constitutional amendments have been successful in Ohio in the past. For example, in 2008, an amendment to move back filing deadlines for proposed ballot issues passed with 69% of the vote. In 2022, an amendment to enshrine that only citizens can vote in Ohio elections passed with 77% of the vote.
Ohio is among the 17 U.S. states where citizens can propose constitutional amendments, according to the Council of State Governments.
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Citizen-initiated statute
The Ohio Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention.
Any citizen who feels that an issue is not addressed properly (or at all) in the Ohio Constitution can follow the procedures outlined in the Ohio Constitution and Revised Code to submit a proposed constitutional amendment to the people of Ohio for a statewide vote. This process was created through a constitutional amendment in 1912.
To get a citizen-led initiative on the ballot to amend the Ohio Constitution, petition signatures must be obtained from at least 44 of the 88 counties in Ohio. From each of these 44 counties, there must be signatures equal to at least 5% of the total vote cast for the office of governor in that county at the last gubernatorial election. Ohio also requires initiative sponsors to submit 1,000 signatures with the initial petition application. Petitions can circulate for an indefinite period, but signatures are due 125 days before the general election that proponents want the initiative on.
Once an initiative is on the ballot, a simple majority (50% +1) of state voters must vote "yes" to pass the proposed amendment. However, in August 2023, an unprecedented resolution was approved by the Ohio General Assembly to raise the approval threshold to 60% of the vote. This resolution was put to a special election on August 8, 2023, and voters approved the change.
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Legislative process
The Ohio Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention. While the citizen-initiated process and the state constitutional convention have been discussed in detail in other sections, this section will focus on the legislative process.
The legislative process for amending the Ohio Constitution is facilitated by the state legislature, which can refer constitutional amendments to the ballot for voters to decide. This process is outlined in Article XVI of the Ohio Constitution, which is appropriately entitled "Amendments." According to this article, the state legislature must achieve a 60% vote during one legislative session to place a constitutional amendment on the ballot. This equates to a minimum of 60 votes in the Ohio House of Representatives and 20 votes in the Ohio State Senate, assuming no vacancies. Interestingly, amendments referred by the legislature do not require the governor's signature to be placed on the ballot.
The legislative process for amending the Ohio Constitution provides a mechanism for the state's elected officials to propose changes to the constitution. This process requires a supermajority in the legislature, demonstrating the importance and weight given to constitutional amendments. It is worth noting that the legislative process is just one of the three mechanisms available for amending the Ohio Constitution, with the citizen-initiated process and the state constitutional convention offering additional avenues for constitutional reform.
Over the years, the legislative process has been utilized to propose and enact several significant amendments to the Ohio Constitution. For instance, in 2008, the legislature referred an amendment regarding the moving back of filing deadlines for proposed ballot issues, which was approved by voters with 69% support. Another example is the amendment enshrining the right of only citizens to vote in Ohio elections, which was passed with an impressive 77% voter approval in 2022.
In conclusion, the legislative process for amending the Ohio Constitution empowers the state legislature to propose constitutional amendments. Through this process, the legislature can shape the direction of the state by referring amendments to the ballot, which requires a substantial level of support among lawmakers. The legislative process, along with the citizen-initiated process and the state constitutional convention, contributes to the dynamic nature of Ohio's constitution, allowing it to adapt to the needs and values of its citizens.
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State constitutional convention
The Ohio Constitution provides three mechanisms for amending the state's constitution: a citizen-initiated process, a legislative process, and a state constitutional convention.
The citizen-led ballot initiative process involves collecting signatures from registered voters. The current requirements for this process include obtaining signatures from all 88 counties in Ohio, with each county providing signatures equal to at least 5% of the total votes cast for the governor's office in the previous gubernatorial election. Additionally, a simple majority (50% +1) of state voters must vote in favour of the proposed amendment.
The legislative process for amending the Ohio Constitution is outlined in Article XVI, which states that the state legislature can refer constitutional amendments to the ballot for voters to decide. A 60% vote is required during one legislative session for the Ohio State Legislature to place a constitutional amendment on the ballot.
The state constitutional convention is another mechanism for proposing amendments to the Ohio Constitution. According to Section 3 of Article XVI, a question about holding a state constitutional convention automatically appears on the state's ballot every 20 years, starting in 1932. Ohio is one of 14 states that provide for an automatic constitutional convention question. The last constitutional convention took place in 1912 in Columbus, Ohio, with 119 delegates in attendance. Rather than proposing a new constitution, the delegates suggested 42 constitutional amendments, of which 34 were approved by the voters.
The Ohio Constitutional Modernization Commission (OCMC) is another body that plays a role in the amendment process. Modelled after the 1970s Ohio Constitutional Revision Commission, the OCMC is charged with promoting discussions about desired changes to the constitution, considering issues related to the amendment process, and making recommendations to the General Assembly for constitutional amendments. The OCMC is authorised to receive appropriations, grants, and gifts to fund its operations and reimburse its members' expenses. The Commission was active until July 1, 2021, when it ceased to exist.
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Frequently asked questions
Citizens of Ohio can propose constitutional amendments. The Ohio Constitution outlines two ways citizens can directly propose laws: through a constitutional amendment or an initiated statute.
Citizens must follow the procedures outlined in the Ohio Constitution and Revised Code to submit a proposed constitutional amendment to the people of Ohio for a statewide vote. Petition signatures must be obtained from at least 44 of the 88 counties in Ohio, with signatures equal to at least 5% of the total vote cast for the governor's office in the previous gubernatorial election in each of these counties.
Any amendment requires a statewide vote, with a simple majority (50% +1) currently needed for approval. However, there are proposals to increase this to a 60% majority.
