Updates to our Terms of Use

We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website.

Sunday, April 28, 2024 | Back issues
Courthouse News Service Courthouse News Service

Ohio voters reject measure to alter constitutional amendment procedures

The GOP-backed measure would have made it more difficult to amend the state’s constitution to protect abortion rights.

(CN) — Turnout in a hotly contested special election in Ohio was higher than anticipated, and voters overwhelmingly defeated a proposed constitutional amendment that would have made it much more difficult to pass amendments in the future.

Touted by conservative lawmakers and Republican Secretary of State Frank LaRose as a way to prevent outside influence in the Buckeye State, Issue 1 would have required future amendments to the state's constitution to be passed by a 60% majority.

The August election was fast-tracked by Republicans to minimize the chances of success for an amendment to protect Ohioans' right to reproductive health care — including abortion — set to be voted on this November.

Tuesday's result, however, gives Democrats and moderates in the state a glimmer of hope that they may be able to enshrine the right to an abortion in Ohio's Constitution.

Officially titled Elevating the Standards to Qualify for an Initiated Constitutional Amendment and to Pass a Constitutional Amendment, Issue 1 sought not only to raise the majority threshold for future constitutional amendments from 50% plus one vote to 60%, but also would have required citizens who want to place amendments on the ballot to collect signatures from all 88 Ohio counties.

Under the system upheld by Tuesday's result, petitioners need signatures from 5% of voters from the last gubernatorial election in 44 counties.

Additionally, Issue 1 would have eliminated a 10-day "cure period" for petitioners to replace any signatures on ballot proposals that were rejected by the secretary of state.

It's no secret the Republicans who hold a supermajority in the state wanted Issue 1 to be decided prior to the 2023 November election cycle, and they used their majority on the Ohio Supreme Court to make it happen.

A law passed in January 2023 was thought to have ended August special elections, notorious for low turnout and excessive costs, but the state's high court allowed the Issue 1 election to proceed after a ruling found the law didn't override Ohio election procedures.

The court split 4-3 along party lines and determined the legislature is not required to follow the special election law and has significant latitude in scheduling elections.

Turnout was expected to be a key determining factor in the election, and more than 640,000 Ohioans made their voices heard during the early voting period, which ended Sunday, according to LaRose's office.

These absentee ballots were the first to be counted Tuesday night and were overwhelmingly against the amendment, so much so that prognosticators were able to call the race quickly, given the lack of Election Day votes available to cut into the lead.

Polls were open Tuesday from 6:30 a.m. to 7:30 p.m., and several counties across the state provided live tracking of turnout numbers as the day went on.

Hamilton County, home to Cincinnati, showed 38.8% turnout, with 231,024 ballots cast, while Cleveland's Cuyahoga County had 37.1% turnout, with 323,697 votes cast, when polls closed.

Those numbers included both in-person and absentee ballots.

LaRose, who recently announced he will run for the U.S. Senate in 2024 against incumbent Democrat Sherrod Brown, was a vocal supporter of Issue 1 throughout 2023, and had no qualms about telling the public why he backed it.

"Some people say, 'this is all about abortion,'" he told a group of Ohioans on May 22. "Well, you know what, I'm pro-life; I think many of you are as well, right? This is 100% about keeping a radical, pro-abortion amendment out of our constitution. The left wants to jam it in there this coming November."

LaRose and Republican State Representative Brian Stewart were the architects behind the plan to restrict their citizens' ability to amend the constitution.

Both sides of the issue spent heavily in the summer months.

One Person One Vote, a coalition of groups opposed to Issue 1, spent more than $12 million on ad campaigns, while the anti-abortion group Protect Women Ohio spent over $7 million on advertising in support of the amendment.

Opposition to Issue 1 labeled the amendment a power-grab intended to entrench the Republican legislature and make it nearly impossible for Ohioans to amend the constitution.

It took just over 30 minutes from the close of polls for some outlets to call the race, which stands at 69.57% No and 30.43% Yes at 8:15 p.m. Eastern.

The vote totals at the same time are 501,764 No and 219,473 Yes.

Follow @@kkoeninger44
Categories / Government, Law, Politics

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Loading...