COLUMBUS — The Ohio Supreme Court, voting 4-3 along party lines, on Friday refused to block an Aug. 8 special election for voters to consider a legislative proposal to amend the state constitution now so that it will be tougher to amend it in the future.
The high court rejected a lawsuit brought by opponents of the election, who argued that the General Assembly could not override a statute passed just months ago to all but do away with August special elections with a joint resolution that resurrected one for this question only.
The election will formally begin June 23, when county boards of election must have absentee ballots for military and overseas voters ready.
The court’s majority found that the Ohio Constitution authorizes the General Assembly to schedule this election.
“... the August 8 special election called by the General Assembly in (Senate Joint Resolution 2) is constitutionally valid,” it wrote. “The General Assembly’s valid exercise of its constitutional power ... overrides any election statute that would otherwise prohibit the special election called for in the General Assembly’s joint resolution proposing a constitutional amendment for the submission to the state’s electors.”
The court’s three Democrats dissented.
Democratic Justice Michael Donnelly said the General Assembly could have easily passed a law to make this election possible.
“But rather than changing the law, the General Assembly and respondent, Secretary of State Frank LaRose, want to be told that the Ohio Constitution allows the General Assembly to break its own laws,” he wrote. “Rather than doing the work themselves, they want this court to fix their mess and do their work for them. Sadly, a majority of this court obliges.”
Voters will be asked to raise the minimum approval threshold for future constitutional amendments to 60 percent of those voting.
That’s up from a simple majority, 50 percent plus one vote, the current requirement that will apply to passage of this question on Aug. 8. If approved, this higher threshold would be in place for the Nov. 7 general election when a reproductive rights proposal, including a right to abortion access, could be on the ballot.
The special election amendment would also, beginning in 2024, enact two more changes that would make it more difficult for petition campaigns to get their questions certified for the ballot in the first place.
It would do away with the 10-day grace period allowing petitioners to hit the streets one last time to gather more signatures when a review by county boards of election determines they came up short on the initial pass.
Petitioners would also have to gather signatures equivalent to at least 5 percent of those who voted in the last gubernatorial election in each of Ohio’s 88 counties, in addition to meeting the 10 percent statewide threshold. The current requirement is 44 counties.
The lawsuit was filed by One Person One Vote, the non-profit corporation created by the coalition of opponents that generally includes labor, Democrats, police, firefighters, teachers, abortion rights advocates, and voting rights and government watchdog groups.
“Today’s ruling is disappointing, but the choice before voters remains the same no matter when we vote--preserve majority rule in Ohio, or dismantle it,” spokesman Dennis Willard said. “We’re confident Ohio voters will see Issue 1 for the scam that it is — a corrupt power grab by special interests and politicians.”
With Republican votes only, the General Assembly passed Senate Joint Resolution 2 to pose the question and schedule the Aug. 8 special election to put it before voters. This came just few months after the General Assembly passed, and Gov. Mike DeWine signed, a state law that, except in cases of fiscal emergency, did away with August special elections most often used by local governments to seek approval of tax levies.
At the time they cited the typical low turnout and expense of such mid-summer elections.
Backers of the higher voter threshold generally include business groups like the Ohio Chamber of Commerce, Republicans, farmers, restaurants, hotels, gun rights groups, and abortion rights opponents.
While many have made it clear the proposed abortion amendment is their target, others say they are worried about potential future questions that could affect such things as the minimum wage, gun control, and livestock care.
The budget just passed by the Senate and on its way back to the House appropriates $16 million to help counties pay for the special election.
First Published June 16, 2023, 3:29 p.m.
