Ohio 60% Vote Requirement to Approve Constitutional Amendments Measure.

Ohio Ballot Measure - Issue 1

Election: Aug. 8, 2023 (General)

Outcome: Failed

Categories:

Constitution

Summary


Proposing to amend Sections 1b, 1e, and 1g of Article II and Sections 1 and 3 of
Article XVI of the Constitution of the State of Ohio to require a vote of at least
60% of the electors to approve any constitutional amendment and to modify the
procedures for an initiative petition proposing a constitutional amendment.

Measure Text


Section 1b. When at any time, not less than ten days prior to the commencement of any session
of the general assembly, there shall have been filed with the secretary of state a petition signed by three
per centum of the electors and verified as herein provided, proposing a law, the full text of which shall
have been set forth in such petition, the secretary of state shall transmit the same to the general assembly
as soon as it convenes. If said proposed law shall be passed by the general assembly, either as petitioned
for or in an amended form, it shall be subject to the referendum. If it shall not be passed, or if it shall be
passed in an amended form, or if no action shall be taken thereon within four months from the time it is
received by the general assembly, it shall be submitted by the secretary of state to the electors for their
approval or rejection, if such submission shall be demanded by supplementary petition verified as herein
provided and signed by not less than three per centum of the electors in addition to those signing the
original petition, which supplementary petition must be signed and filed with the secretary of state
within ninety days after the proposed law shall have been rejected by the general assembly or after the
expiration of such term of four months, if no action has been taken thereon, or after the law as passed by
the general assembly shall have been filed by the governor in the office of the secretary of state. The
proposed law shall be submitted at the next regular or general election occurring subsequent to one
hundred twenty-five days after the supplementary petition is filed in the form demanded by such
supplementary petition, which form shall be either as first petitioned for or with any amendment or
amendments which may have been incorporated therein by either branch or by both branches, of the
general assembly. If a proposed law so submitted is approved by a majority of the electors voting
thereon, it shall be the law and shall go into effect as herein provided in lieu of any amended form of
said law which may have been passed by the general assembly, and such amended law passed by the
general assembly shall not go into effect until and unless the law proposed by supplementary petition
shall have been rejected by the electors. All such initiative petitions, last above described, shall have
printed across the top thereof, in case of proposed laws: "Law Proposed by Initiative Petition First to be
Submitted to the General Assembly." Ballots shall be so printed as to permit an affirmative or negative
vote upon each measure submitted to the electors. Any
Any proposed law or amendment to the constitution submitted to the electors as provided in 1a
and 1b, if approved by a majority of the electors voting thereon, shall take effect thirty days after the
election at which it was approved and shall be published by the secretary of state. If Any proposed
amendment to the constitution submitted to the electors as provided in sections 1a and 1b of this article,
Am. Sub. S. J. R. No. 2 135th G.A.
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if approved by at least sixty per cent of the electors voting thereon, shall take effect thirty days after
the election at which it was approved and shall be published by the secretary of state.
If conflicting proposed laws or conflicting proposed amendments to the constitution shall be
approved at the same election by a majority of the total the required number of votes cast for and
against the same, the one receiving the highest number of affirmative votes shall be the law, or in the
case of amendments to the constitution shall be the amendment to the constitution. No
No law proposed by initiative petition and approved by the electors shall be subject to the
veto of the governor.
Section 1e. (A) The powers defined herein as the "initiative" and "referendum" shall not be
used to pass a law authorizing any classification of property for the purpose of levying different rates
of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a
higher rate or by a different rule than is or may be applied to improvements thereon or to personal
property.
(B)(1) Restraint of trade or commerce being injurious to this state and its citizens, the power
of the initiative shall not be used to pass an amendment to this constitution that would grant or create
a monopoly, oligopoly, or cartel, specify or determine a tax rate, or confer a commercial interest,
commercial right, or commercial license to any person, nonpublic entity, or group of persons or
nonpublic entities, or any combination thereof, however organized, that is not then available to other
similarly situated persons or nonpublic entities.
(2) If a constitutional amendment proposed by initiative petition is certified to appear on the
ballot and, in the opinion of the Ohio ballot board, the amendment would conflict with division (B)
(1) of this section, the board shall prescribe two separate questions to appear on the ballot, as follows:
(a) The first question shall be as follows:
"Shall the petitioner, in violation of division (B)(1) of Section 1e of Article II of the Ohio
Constitution, be authorized to initiate a constitutional amendment that grants or creates a monopoly,
oligopoly, or cartel, specifies or determines a tax rate, or confers a commercial interest, commercial
right, or commercial license that is not available to other similarly situated persons?"
(b) The second question shall describe the proposed constitutional amendment.
(c) If both questions are approved or affirmed by a majority at least sixty per cent of the
electors voting on them, then the constitutional amendment shall take effect. If only one question is
approved or affirmed by a majority at least sixty per cent of the electors voting on it, then the
constitutional amendment shall not take effect.
(3) If, at the general election held on November 3, 2015, the electors approve a proposed
constitutional amendment that conflicts with division (B)(1) of this section with regard to the
creation of a monopoly, oligopoly, or cartel for the sale, distribution, or other use of any federal
Schedule I controlled substance, then notwithstanding any severability provision to the contrary, that
entire proposed constitutional amendment shall not take effect. If, at any subsequent election, the
electors approve a proposed constitutional amendment that was proposed by an initiative petition,
that conflicts with division (B)(1) of this section, and that was not subject to the procedure described
in division (B)(2) of this section, then notwithstanding any severability provision to the contrary, that
entire proposed constitutional amendment shall not take effect.
(C) The supreme court of Ohio shall have original, exclusive jurisdiction in any action that
relates to this section.
Section 1g. (A) Any initiative, supplementary, or referendum petition may be presented in
separate parts but each part shall contain a full and correct copy of the title, and text of the law,
Am. Sub. S. J. R. No. 2 135th G.A.
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section or item thereof sought to be referred, or the proposed law or proposed amendment to the
constitution. Each signer of any initiative, supplementary, or referendum petition must be an elector
of the state and shall place on such petition after his name the date of signing and his place of
residence. A signer residing outside of a municipality shall state the county and the rural route
number, post office address, or township of his residence. A resident of a municipality shall state the
street and number, if any, of his residence and the name of the municipality or post office address.
The names of all signers to such petitions shall be written in ink, each signer for himself. To each part
of such petition shall be attached the statement of the circulator, as may be required by law, that he
witnessed the affixing of every signature. The secretary of state shall determine the sufficiency of the
signatures not later than one hundred five days before the election.
(B) The Ohio supreme court shall have original, exclusive jurisdiction over all challenges
made to petitions and signatures upon such petitions under this section. Any challenge to a petition or
signature on a petition shall be filed not later than ninety-five days before the day of the election. The
court shall hear and rule on any challenges made to petitions and signatures not later than eighty-five
days before the election. If no ruling determining the petition or signatures to be insufficient is issued
at least eighty-five days before the election, the petition and signatures upon such petitions shall be
presumed to be in all respects sufficient.
(C) If the petitions or signatures are a referendum petition or an initiative petition proposing a
law is determined to be insufficient, ten additional days shall be allowed for the filing of additional
signatures to such petition. No additional signatures may be filed to an initiative petition proposing
an amendment to the constitution. If additional signatures are filed, the secretary of state shall
determine the sufficiency of those additional signatures not later than sixty-five days before the
election. Any challenge to the additional signatures shall be filed not later than fifty-five days before
the day of the election. The court shall hear and rule on any challenges made to the additional
signatures not later than forty-five days before the election. If no ruling determining the additional
signatures to be insufficient is issued at least forty-five days before the election, the petition and
signatures shall be presumed to be in all respects sufficient.
(D) No law or amendment to the constitution submitted to the electors by initiative and
supplementary petition and receiving an the required number of affirmative majority of the votes cast
thereon, shall be held unconstitutional or void on account of the insufficiency of the petitions by
which such submission of the same was procured; nor shall the rejection of any law submitted by
referendum petition be held invalid for such insufficiency. Upon
(E) Upon all initiative, supplementary, and referendum petitions provided for in any of the
sections of this article, it shall be necessary to file from each of one-half of the counties of the state,
petitions bearing the signatures of not less than one-half of the designated percentage of the electors
of such county, except that upon an initiative petition proposing an amendment to the constitution, it
shall be necessary to file from each county of the state petitions bearing the signatures of not less
than five per cent of the electors of the county. A
(F) A true copy of all laws or proposed laws or proposed amendments to the constitution,
together with an argument or explanation, or both, for, and also an argument or explanation, or both,
against the same, shall be prepared. The person or persons who prepare the argument or explanation,
or both, against any law, section, or item, submitted to the electors by referendum petition, may be
named in such petition and the persons who prepare the argument or explanation, or both, for any
proposed law or proposed amendment to the constitution may be named in the petition proposing the
same. The person or persons who prepare the argument or explanation, or both, for the law, section,
Am. Sub. S. J. R. No. 2 135th G.A.
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or item, submitted to the electors by referendum petition, or against any proposed law submitted by
supplementary petition, shall be named by the general assembly, if in session, and if not in session
then by the governor. The law, or proposed law, or proposed amendment to the constitution, together
with the arguments and explanations, not exceeding a total of three hundred words for each, and also
the arguments and explanations, not exceeding a total of three hundred words against each, shall be
published once a week for three consecutive weeks preceding the election, in at least one newspaper
of general circulation in each county of the state, where a newspaper is published. The
(G) The secretary of state shall cause to be placed upon the ballots, the ballot language for
any such law, or proposed law, or proposed amendment to the constitution, to be submitted. The
ballot language shall be prescribed by the Ohio ballot board in the same manner, and subject to the
same terms and conditions, as apply to issues submitted by the general assembly pursuant to Section
1 of Article XVI of this constitution. The ballot language shall be so prescribed and the secretary of
state shall cause the ballots so to be printed as to permit an affirmative or negative vote upon each
law, section of law, or item in a law appropriating money, or proposed law, or proposed amendment
to the constitution. The
(H) The style of all laws submitted by initiative and supplementary petition shall be: "Be it
Enacted by the People of the State of Ohio," and of all constitutional amendments: "Be it Resolved
by the People of the State of Ohio." The
(I) The basis upon which the required number of petitioners in any case shall be determined
shall be the total number of votes cast for the office of governor at the last preceding election
therefor. The
(J) The foregoing provisions of this section shall be self-executing, except as herein
otherwise provided. Laws may be passed to facilitate their operation, but in no way limiting or
restricting either such provisions or the powers herein reserved.
(K) The requirements of divisions (C) and (E) of this section, as amended by this amendment,
apply to initiative petitions proposing constitutional amendments that are filed with the secretary of
state on or after January 1, 2024.
ARTICLE XVI
Section 1. Either branch of the general assembly may propose amendments to this
constitution; and, if the same shall be agreed to by three-fifths of the members elected to each house,
such proposed amendments shall be entered on the journals, with the yeas and nays, and shall be filed
with the secretary of state at least ninety days before the date of the election at which they are to be
submitted to the electors, for their approval or rejection. They shall be submitted on a separate ballot
without party designation of any kind, at either a special or a general election as the general assembly
may prescribe.
The ballot language for such proposed amendments shall be prescribed by a majority of the
Ohio ballot board, consisting of the secretary of state and four other members, who shall be
designated in a manner prescribed by law and not more than two of whom shall be members of the
same political party. The ballot language shall properly identify the substance of the proposal to be
voted upon. The ballot need not contain the full text nor a condensed text of the proposal. The board
shall also prepare an explanation of the proposal, which may include its purpose and effects, and
shall certify the ballot language and the explanation to the secretary of state not later than seventyfive days before the election. The ballot language and the explanation shall be available for public
inspection in the office of the secretary of state.
Am. Sub. S. J. R. No. 2 135th G.A.
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The supreme court shall have exclusive, original jurisdiction in all cases challenging the
adoption or submission of a proposed constitutional amendment to the electors. No such case
challenging the ballot language, the explanation, or the actions or procedures of the general assembly
in adopting and submitting a constitutional amendment shall be filed later than sixty-four days before
the election. The ballot language shall not be held invalid unless it is such as to mislead, deceive, or
defraud the voters.
Unless the general assembly otherwise provides by law for the preparation of arguments for
and, if any, against a proposed amendment, the board may prepare such arguments.
Such proposed amendments, the ballot language, the explanations, and the arguments, if any,
shall be published once a week for three consecutive weeks preceding such election, in at least one
newspaper of general circulation in each county of the state, where a newspaper is published. The
general assembly shall provide by law for other dissemination of information in order to inform the
electors concerning proposed amendments. An election on a proposed constitutional amendment
submitted by the general assembly shall not be enjoined nor invalidated because the explanation,
arguments, or other information is faulty in any way. If the majority at least sixty per cent of the
electors voting on the same shall adopt such amendments the same shall become a part of the
constitution. When more than one amendment shall be submitted at the same time, they shall be so
submitted as to enable the electors to vote on each amendment, separately.
Section 3. At the general election to be held in the year one thousand nine hundred and
thirty-two and in each twentieth year thereafter, the question: "Shall there be a convention to revise,
alter, or amend the constitution", shall be submitted to the electors of the state; and in case a majority
of the electors, voting for and against the calling of a convention, shall decide in favor of a
convention, the general assembly, at its next session, shall provide, by law, for the election of
delegates, and the assembling of such convention, as is provided in the preceding section; but no
amendment of this constitution, agreed upon by any convention assembled in pursuance of this
article, shall take effect, until the same shall have been submitted to the electors of the state, and
adopted by a majority at least sixty per cent of those voting thereon.

Resources


Official Summary

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