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August 2023 Ohio Issue 1

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Issue 1
August 8, 2023 (2023-08-08)
Elevating the Standards to Qualify for an Initiated Constitutional Amendment and to Pass a Constitutional Amendment[1]
Results
Choice
 Votes %
Yes 1,329,052 42.89%
No 1,769,482 57.11%
Total votes 3,098,534 100.00%
Yes:      50–60%      60–70%      70–80%      80–90%
No:      50–60%      60–70%      70–80%      80–90%
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A special election was held in the U.S. state of Ohio on August 8, 2023, on a referendum to make it substantially harder for voter-led initiatives intending to amend the Ohio State Constitution to be proposed and approved.[2]

The initiative itself made no mention of other political issues in the state, but campaigning on both sides was frequently tied to the two hot-button topics on the ballot that coming November; Issues 1 and 2, which would have protected access to abortion and legalized recreational marijuana within the state respectively. The failure of this issue cleared the way for both later initiatives to be passed by Ohio's voters.

This issue was defeated by a comfortable margin of 57% to 43%, amid unusually high voter turnout for an off-year election held in August, with over 3 million ballots cast overall.

Origins and basic provisions[edit]

See also: Initiatives and referendums in the United States
A protester at a May 2023 rally against holding the special election

The Ohio state constitution is one of many within the United States that allows issues to be proposed directly to the state's population. The allowance of voter-led initiatives was written into the constitution by the Initiative and Referendum Process Amendment of 1912,[3] and since then, the official system for proposing additional amendments in this way was as follows:

(1): A petition must be filed with 1,000 initial signatures, and approved by the Ohio Ballot Board.

(2): The petition must gain a number of signatures of at least 10% of people that voted for governorship of the state in the most recent gubernatorial election, and

(2.1): Those signatures need to be gathered from at least half (44) of Ohio's counties, and at least half of counties must have at least 5% of their eligible voters sign.

(3): If enough signatures are not deemed valid by the Secretary of State to require additional signatures, the petition organizers have 10 additional days (known as a cure period) to collect more.

(4): Once the signatures are collected and the petition is deemed valid, the Ohio Ballot Board will decide the exact language, add supportive and opposing arguments, and put it before voters for election.

(5): If a simple majority (50%+1) of Ohio voters voted for passage, the amendment is added and becomes law 30 days afterward.[4]

On March 22, 2023,[5] a Senate Joint Resolution was brought forward by Senators Rob McColley and Theresa Gavarone to hold a special election on August 8th of that year for changing these requirements.[6] This resolution went through committee relatively easily, and passed both the Ohio House and Senate on May 10th. The vote on the issue was split along party lines, with almost all Republicans voting for the proposal and all Democrats voting against. (a foreshadowing of the political polarization to come on this initiative)

If passed, this amendment would have changed the amendment system for citizen initiatives in the following ways:

(1): Instead of requiring 44 counties to meet the 5% of eligible voters' threshold, petitions made, starting on January 1, 2024, would have increased that number to all 88 counties of Ohio.

(2): The cure period of 10 days to collect additional signatures (if necessary) would be eliminated, with no replacement process on petitions started after January 1st, 2024.

(3): The required simple majority for amendments to pass would be increased to a 60% supermajority. This was to take effect immediately after passage.[2]

These changes would have not only made gaining ballot access for future initiatives to be proposed in 2024 and beyond significantly more difficult, but it also would have made passage for initiatives more difficult as well, especially on issues that polarized the electorate along political lines, as Ohio is a state that is split closely on party affiliation between Republican and Democratic-leaning voters.[7]

Politics surrounding Issue 1[edit]

Election date controversy[edit]

The choice of August 8th as the date to hold this election was a controversial and highly criticized move. Elections that are not scheduled traditionally after the first Monday in November in Ohio, especially in years where there is not a presidential or gubernatorial race, are well known for having much lower voter turnout than other elections.[8] It was alleged almost immediately after the Issue's announcement that this choice was a deliberate move by its Republican creators to take advantage of this likely lower turnout for getting the issue passed, despite a majority of total voters being against the issue.

Making the case for legislator hypocrisy further was the passage of House Bill 458 within the state at the beginning of that year,[9] which (among other changes to election systems) explicitly banned special elections from being held in August, which would have seemingly also stopped this election from going forward. Both of this Issue's main sponsors in the senate also voted to pass that bill into law.[10] This apparent contradiction was immediately pounced upon by opponents, whom quickly filed suit in the Ohio Supreme Court to stop the election.

The suit was filed against Ohio Secretary of State Frank LaRose, who had also publicly expressed support for the removal of August special elections, saying that they “aren’t good for taxpayers, election officials, voters or the civic health of our state.”[11] However, Frank himself disregarded his earlier statements and argued in defense here that a special election brought forward by the legislature (as this one was) could be done without restriction, citing general overriding constitutional authority.[12] Most outside views on the controversy generally disagreed with LaRose's arguments, but regardless, the Court ruled 4-3 that the request would be denied, and the election would go on as scheduled. This vote was also party-line, with the four Republicans of the court voting to deny, and the three Democrats voting to push forward with the stoppage.[13]

Near-term political effects[edit]

Both left-leaning and right-leaning politicians, think tanks, activist groups, and associated organizations pushed their views on how this issue could affect the future status of societal proposals, especially when it came to the upcoming issue of abortion rights.

Republican legislators had been angling to restrict abortions after six weeks of gestation for over a decade within the state, and in 2019 they finally got their wish, with Governor Mike DeWine signing Senate Bill 23, the 'heartbeat bill', into law.[14] However, due to Roe v. Wade providing protection for abortions federally, this law was not enforceable at the time. The 2022 overturn of Roe v. Wade removed this federal protection, and thus the heartbeat standard became official throughout the state. Pro-abortion advocates and organizations launched several lawsuits almost immediately to take down the law, and were eventually successful in gaining an injunction in September of that year.[15] That injunction, of course, was immediately appealed up to the Ohio Supreme Court, and as of May 2023 they had not made a ruling on the matter. Therefore, as of then, abortions were allowed, tenuously, up to 22 weeks after pregnancy.

November's Issue 1 would have written that allowance into the state constitution, making SB 23 null and void and keeping the question of abortion rights out of the hands of state legislators. The raising of vote requirements to 60%, if put in force, would have severely affected the chance for this issue to pass. Polling on abortion rights during the past year leading up showed that support for keeping expanded abortion protections was only around 58%,[16][17] which would not have been enough to overcome the new requirements.

Many supporters of this initiative were not quiet about wanting the upcoming abortion question to fail. LaRose, a Republican himself, admitted as such[18] while railing against a whole list of hypothetical left-leaning proposals that this issue could imperil:

"And this [issue] is 100% about keeping a radical pro-abortion amendment out of our constitution, the left wants to jam it in there this coming November, and so yes, this is 100% about abortion..."[19]

Pro- and Anti-abortion groups quickly latched onto the issue as well, painting it as essentially a referendum on the abortion question three months before the proper vote on the matter. This included a flood of donations, many coming from outside Ohio, through several abortion-focused PACs: around thirteen million dollars was poured in to two explicitly anti-abortion groups: Protect Women Ohio and Susan B. Anthony Pro-Life America. The amount for explicitly pro-abortion groups was much smaller, with Ohio Physicians for Reproductive Rights (the only major group) giving a mere $750,000.[20]

Weed legalization, although not nearly as attention-grabbing as abortion, was the other of the two major proposals that this August issue would have affected. Polling for this topic showed a similar pattern to abortion rights, with around 58% supporting recreational use.[16][17] Although an attempt to legalize cannabis via constitutional amendment within the state failed in an electoral blowout eight years earlier,[21] voters had only become more receptive in the years since, helped by an increasing number of states having themselves voted to legalize marijuana in the interim.[22]

The 60% supermajority requirement was the main point of contention in regards to the Issue itself. By far the easiest of the changes to grasp by the average voter, this proposed move was debated heavily among Ohioans both in-person and on the internet, with several campaign ads specifically focused on communicating how this change would effect their ability to make choices.

Opponents of Issue 1 campaigned heavily on the notion that this change was nothing more than an effort to weaken the power of the people in regards to changing the politics of their state. The new rules, in their view, were nothing more than an attempt to directly take away power from the voters, serving more to help solidify Republican political hegemony over the state than any other claimed purpose.

Supporters argued the opposite, that it in fact helped the democratic process by guarding against corporate interests pushing money to get issues onto the ballot, and allowing the voters to keep control via the electoral process on issues they cared about more directly.

Other claimed potential ramifications[edit]

In addition, advocacy groups also claimed to use the referendum to help push against LGBT rights, mainly, transgender rights.

Lead-up to the vote[edit]

With this initiative quickly gaining national prominence, money began to pour in, a large sum of which did in fact come from out-of-state donors.

Similar amendments to require supermajority support for state constitutional amendments have failed in various states, most recently in Arkansas in 2022.[23] A comparable measure passed in Florida in 2006.[24]

In June 2023, the Ohio Supreme Court ruled that part of the amendment was misleading and would have to be rewritten by the state's Ballot Board.[25]

Endorsements[edit]

The amendment was, unsurprisingly, supported by the Republican Party of Ohio and opposed by a multipartisan coalition of groups including the Democratic Party of Ohio, Libertarian Party of Ohio, Green Party of Ohio, and several former Republican officials.[26] Four former governors of Ohio, John Kasich, Ted Strickland, Bob Taft, and Dick Celeste, favored a "no" vote on Issue 1,[27] along with a large majority of Ohio newspapers.[28] Govenor DeWine (a Republican) announced his support in a news conference.[29]

Yes
U.S. Executive Branch officials
U.S. Senators
U.S. Representatives
Statewide officials
  • Mike DeWine, 70th Governor of Ohio (2019–present) (Republican)[27]
  • Keith Faber, 33rd Auditor of Ohio (2019–present) (Republican)[36]
  • Jon Husted, 66th Lieutenant Governor of Ohio (2019–present) and 53rd Secretary of State of Ohio (2011–2019) (Republican)[37]
  • Frank LaRose, 51st Secretary of State of Ohio (2019–present) (Republican)[38]
  • Robert Sprague, 49th Treasurer of Ohio (2019–present) (Republican)[36]
  • Dave Yost, 51st Attorney General of Ohio (2019–present) and 32nd Auditor of Ohio (2011–2019) (Republican)[39]
State Senators
State House members
  • Adam Bird, state representative from the 63rd district (2023–present) and 66th district (2021–2022)[43]
  • Ron Ferguson, state representative from the 96th district (2021–present) (Republican)[44]
  • Jim Hoops, state representative from the 81st district (2018–present) (Republican)[41]
  • Don Jones, state representative from the 95th district (2019–present) (Republican)[44]
  • Susan Manchester, state representative from the 78th district (2019–present) (Republican)[45]
  • Dick Stein, state representative from the 54th district (2017–present) (Republican)[46]
  • Brian Stewart, state representative from the 12th district (2021–present) (Republican)[42]
Individuals
Organizations
No
U.S. Senators
U.S. Representatives
Former statewide officials
  • Dick Celeste, 64th Governor of Ohio (1983–1991) and 55th Lieutenant Governor of Ohio (1975–1979) (Democrat)[27]
  • Richard Cordray, 49th Attorney General of Ohio (2009–2011) and 46th Treasurer of Ohio (2007–2009) (Democrat)[58]
  • Lee Fisher, 64th Lieutenant Governor of Ohio (2007–2011) and 44th Attorney General of Ohio (1991–1995) (Democrat)[58]
  • John Kasich, 69th Governor of Ohio (2011–2019) and U.S. Representative from OH-12 (1983–2001) (Republican)[27]
  • Betty Montgomery, 30th Auditor of Ohio (2003–2007) and 45th Attorney General of Ohio (1995–2003) (Republican)[58]
  • Jim Petro, 46th Attorney General of Ohio (2003–2007) and 29th Auditor of Ohio (1995–2003) (Republican)[58]
  • Nancy H. Rogers, 48th Attorney General of Ohio (2008–2009) (Democrat)[58]
  • Ted Strickland, 68th Governor of Ohio (2007–2011) and U.S. Representative from OH-6 (1997–2007) (Democrat)[27]
  • Bob Taft, 67th Governor of Ohio (1999–2007) and 49th Secretary of State of Ohio (1991–1999) (Republican)[27]
State Senators
State House members
  • Michael Curtin, state representative from the 17th district (2013–2016)[60]
  • Dani Isaacsohn, state representative from the 24th district (2023–present) (Democrat)[42]
  • Dontavius Jarrells, state representative from the 1st district (2021–present) (Democrat)[42]
  • Allison Russo, Minority Leader of the Ohio House of Representatives (2022–present) from the 7th district (2019–present) (Democrat)[59]
  • Bride Rose Sweeney, state representative from the 16th district (2018–present) (Democrat)[42]
Local officials
Individuals
Organizations
Labor unions
Newspapers

Polling[edit]

Poll source Date(s) administered Sample size Margin of error Yes No Undecided
Ohio Northern University July 17–26, 2023 650 (LV) ± 3.7% 42% 41% 17%
USA Today/Suffolk University[88] July 9–12, 2023 500 (LV) ± 4.4% 26% 57% 17%
Scripps News/YouGov June 20–22, 2023 500 (LV) ± 5.95% 38% 37% 26%

Outcome and aftermath[edit]

Voter turnout was unusually high, particularly for an August ballot, with approximately 39% of registered voters casting votes on the issue.[89][90] The Columbus Dispatch reported that it was the highest turnout for a non-general election since the 2016 primary.[91]

Excluding outstanding absentee by mail and provisional ballots, the Dispatch reported late on August 8 with more than 99% of the votes counted that the referendum failed by a margin of more than 14%. Of the more than 3 million votes counted, 57.11% were "no" votes and 42.89% voted "yes".[92] Decision Desk HQ, an election results reporting agency, called the race around 8:09 p.m. EDT, while The Associated Press projected that Issue 1 had failed around 9 p.m. EDT.[93][94]

This image shows a meme on the internet that made an argument against passing Issue 1. It starts off with the following text: 'If Issue 1 was a football game:'. Below that is the Ohio State University logo, the words 'Ohio State' atop a red block O, with 'Ohio State' again shown next to it, with the number 59 to the right. Below that, is the Michigan University logo, a yellow M with a thin dark blue outline, with the word 'Michigan' and the number 41 to the right of it. Those two rows are laid out like a football final score. Underneath those two rows is large, black bold text that says 'Michigan wins.', which looks wrong to the eyes since Ohio State has the higher score. At the bottom is text cut out from a red rectangle saying in capital letters: 'VOTE NO ON AUG. 8'
A popular anti Issue 1 meme that spread throughout social media in the month leading up to the vote, referencing 'The Game' between Ohio State and Michigan.

References[edit]

  1. ^ "2023 Official Election Results". Ohio Secretary of State. Retrieved September 9, 2023.
  2. ^ a b S.J.R. 2 Ohio General Assembly.
  3. ^ "Supreme Court Law Library" (PDF). www.sconet.state.oh.us. Archived from the original (PDF) on February 23, 2017. Retrieved June 25, 2024.
  4. ^ "Citizen-Initiated Constitutional Amendment - Ohio Secretary of State". Ohio Secretary of State. June 25, 2024.
  5. ^ "Senate Joint Resolution 2 Status". Retrieved June 25, 2024.
  6. ^ "Senate Joint Resolution 2". Retrieved June 25, 2024.
  7. ^ "Ohio Presidential Election Results". The New York Times. November 3, 2020. ISSN 0362-4331. Retrieved June 25, 2024.
  8. ^ Buchanan[1],Neese[2], Tyler[1],Alissa[2] (August 4, 2022). "Pitifully low turnout for Ohio's special Aug. primary". Axios Columbus. Retrieved June 25, 2024.{{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
  9. ^ "House Bill 458 Status". June 25, 2024. Retrieved June 25, 2024.
  10. ^ "House Bill 458 Votes". June 25, 2024. Retrieved June 25, 2024.
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  85. ^ Editorial Board (June 18, 2023). "OUR VIEW: Keep our living document alive". Dayton Daily News. Retrieved July 23, 2023.
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  88. ^ BeMiller, Haley. "Issue 1 poll: Most Ohio voters oppose plan to make it harder to amend constitution". Cincinnati Enquirer.
  89. ^ Anderson, Kyle (August 8, 2023). "Issue One defeated after election draws record turnout". WFMJ. Retrieved August 9, 2023.
  90. ^ "Fall abortion battle propels huge early voter turnout for an Ohio special election next week". AP News. August 4, 2023. Retrieved August 9, 2023.
  91. ^ "What supporters, opponents are saying about Issue 1 on Ohio's August ballot". The Columbus Dispatch. Retrieved August 3, 2023. Stewart: There are a whole host of issues that we know are coming down the pike. ... We know that's coming on a whole host of issues. I think it's entirely reasonable, knowing that that's on the horizon for this November, next November and so forth, to ask Ohioans to say wait, we're going to have an election to decide the rules of the game. ... That applies to abortion, that applies to redistricting, that applies to wage hikes, that applies to qualified immunity.
  92. ^ "Ohio special election results for Aug. 8, 2023". The Columbus Dispatch.
  93. ^ "Ohio voters reject Issue 1, scoring win for abortion-rights supporters ahead of November". The Columbus Dispatch.
  94. ^ Marley, Patrick; Roubein, Rachel; Williams, Kevin (August 8, 2023). "Ohio voters reject higher bar for altering constitution, a win for abortion rights supporters". The Washington Post. Washington, D.C. Archived from the original on August 9, 2023.
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