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August 2023 Ohio Issue 1

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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 1,315,346 42.99%
No 1,744,094 57.01%
Total votes 3,059,440 100.00%
Yes:      50–60%      60–70%      70–80%      80–90%
No:      50–60%      60–70%      70–80%
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A special election was held in the U.S. state of Ohio on August 8, 2023, on a referendum that would have made it substantially harder for voter-led initiatives to be proposed and approved.[2] The issue was widely seen as being related to the issue of abortion, as a referendum to restore Roe v. Wade-era access to abortion in the state is slated to appear on the November 2023 ballot, along with future proposals to raise the minimum wage.

The intent of this initiative, according to its creator, Republican State Representative Brian Stewart, was to "[stop] a whole host of [referendum] issues that we know are coming down the pike" including redistricting, minimum wages, qualified immunity, and, most notably, abortion rights.[3]

The initiative was defeated 57% to 43%, amid unusually high voter turnout.

Provisions

If approved by voters, the amendment would have changed the Ohio State Constitution, modifying the Initiative and Referendum Process Amendment of 1912, which created a method for citizen-initiated direct democracy in Ohio.[4]

A "yes" vote on Issue 1 was a vote to change the Ohio Constitution by:

  • Increasing the number of counties from which signatures are required to get an amendment on the ballot from 44 counties (50%) to all 88 counties (100%).
  • Removing the 10-day cure period (a period allowing fixes to any errors in the collected signatures).
  • Increasing the passing percentage from 50%+1 vote to 60% on citizen and legislature-initiated referendums.[5]

A "no" vote on Issue 1 was a vote to keep the Ohio Constitution as is, by:

  • Keeping the number of counties from which signatures are required to get an amendment on the ballot at 44 counties (50%)
  • Keeping the 10-day cure period (a period allowing fixes to any errors in the collected signatures).
  • Maintaining the passing percentage of a citizen-initiated referendum at a simple majority (50%+1 vote), without creating a difference between citizen-initiated referendums and legislature-initiated referendums.

Background

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

The amendment was 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; with the former claiming that the amendment was necessary to prevent advocacy groups from lobbying their interests into the state constitution, and the latter arguing that the amendment was undemocratic and would result in minority rule.[6] Four former governors of Ohio, John Kasich, Ted Strickland, Bob Taft, and Dick Celeste, favored a "no" vote on Issue 1, along with a large majority of Ohio newspapers, who argued that Issue 1's passage would have the effect of centralizing power in the state government and limit the power of voters to effect political change.[7][8] Incumbent Republican governor Mike DeWine supported it.[9]

The issue was widely seen as being related to the issue of abortion in Ohio, as a referendum to restore legal access to elective abortion in the state. In addition, advocacy groups also attempted to use the referendum as an attack to LGBT rights, mainly, transgender rights.[10]

The issue was slated to appear on the November 2023 ballot. Republican Secretary of State Frank LaRose, who supported Issue 1, told a Lincoln Day dinner the measure "is 100% about keeping a radical, pro-abortion amendment out of our constitution." He elsewhere claimed that statement was taken out of context and generally called the issue a "good government" move that blocks influence from out-of-state special interests.[11]

The decision to hold the election in August as opposed to November was criticized as an attempt to help the amendment's passage by capitalizing on historically low voter turnout in special elections.[12]

Similar amendments to require supermajority support for state constitutional amendments have failed in various states, most recently in Arkansas in 2022.[13] A comparable measure passed in Florida in 2006.[14]

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.[15]

Criticism

Political scientist Jacob M. Grumbach claimed the passage of Issue 1 would likely lead to democratic backsliding, citing the proposed measure as among a "growing use of moves that defy norms of democratic behavior".[7]

Endorsements

Yes
U.S. Executive Branch officials
U.S. Senators
Statewide officials
  • Mike DeWine, 70th Governor of Ohio (2019–present), 50th Attorney General of Ohio (2011–2019), former U.S. Senator from Ohio (1995–2007), 59th Lieutenant Governor of Ohio (1991–1994), and former U.S. Representative from OH-7 (1983–1991)[9]
  • Keith Faber, 33rd Auditor of Ohio (2019–present)[18]
  • Jon Husted, 66th Lieutenant Governor of Ohio (2019–present) and 53rd Secretary of State of Ohio (2011–2019)[19]
  • Frank LaRose, 51st Secretary of State of Ohio (2019–present)[20]
  • Robert Sprague, 49th Treasurer of Ohio (2019–present)[18]
  • Dave Yost, 51st Attorney General of Ohio (2019–present) and 32nd Auditor of Ohio (2011–2019)[21]
U.S. Representatives
State Senators
State House members
  • Ron Ferguson, state representative from the 96th district (2021–present)[25]
  • Jim Hoops, state representative from the 81st district (2018–present)[23]
  • Don Jones, state representative from the 95th district (2019–present)[25]
  • Susan Manchester, state representative from the 78th district (2019–present)[26]
  • Dick Stein, state representative from the 54th district (2017–present)[27]
  • Brian Stewart, state representative from the 12th district (2021–present)[24]
Individuals
Organizations
No
U.S. Senators
  • Sherrod Brown, U.S. Senator from Ohio (2007–present), U.S. Representative from OH-13 (1993–2007), 47th Secretary of State of Ohio (1983–1991)[30]
Former statewide officials
  • Dick Celeste, 64th Governor of Ohio (1983–1991) and 55th Lieutenant Governor of Ohio (1975–1979) (Democrat)[9]
  • Richard Cordray, 49th Attorney General of Ohio (2009–2011) and 46th Treasurer of Ohio (2007–2009) (Democrat)[31]
  • Lee Fisher, 64th Lieutenant Governor of Ohio (2007–2011) and 44th Attorney General of Ohio (1991–1995) (Democrat)[31]
  • John Kasich, 69th Governor of Ohio (2011–2019) and U.S. Representative from OH-12 (1983–2001) (Republican)[9]
  • Betty Montgomery, 30th Auditor of Ohio (2003–2007) and 45th Attorney General of Ohio (1995–2003) (Republican)[31]
  • Jim Petro, 46th Attorney General of Ohio (2003–2007) and 29th Auditor of Ohio (1995–2003) (Republican)[31]
  • Nancy H. Rogers, 48th Attorney General of Ohio (2008–2009) (Democrat)[31]
  • Ted Strickland, 68th Governor of Ohio (2007–2011) and U.S. Representative from OH-6 (1997–2007) (Democrat)[9]
  • Bob Taft, 67th Governor of Ohio (1999–2007) and 49th Secretary of State of Ohio (1991–1999) (Republican)[9]
State Senators
State House members
  • Dani Isaacsohn, state representative from the 24th district (2023–present)[24]
  • Dontavius Jarrells, state representative from the 1st district (2021–present)[24]
  • Allison Russo, Minority Leader of the Ohio House of Representatives (2022–present) and state representative from the 7th district (2019–present)[32]
  • Bride Rose Sweeney, state representative from the 16th district (2018–present)[24]
Local officials
Individuals
Organizations
Labor unions
Newspapers

Polling

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[57] 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%

Turnout and outcome

Voter turnout was unusually high, particularly for an August ballot, with approximately 38% of registered voters casting votes on the issue.[58][59]

Excluding outstanding absentee by mail and provisional ballots, the Columbus 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, 56.96% were "no" votes and 43.04% voted "yes".[60] Decision Desk HQ, an election results reporting agency providing results to USA TODAY Network affiliates, called the race around 8:09 p.m. EDT, while The Associated Press projected that Issue 1 had failed around 9 p.m. EDT.[61][62]

References

  1. ^ "Ohio: Issue 1 special election results 2023". Washington Post. Retrieved August 9, 2023.
  2. ^ S.J.R. 2 Ohio General Assembly.
  3. ^ "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.
  4. ^ https://ballotpedia.org/Ohio_Initiative_and_Referendum_Process_Amendment_(September_1912)
  5. ^ Lewis, Frank W. (June 27, 2023). "Everything you need to know about Ohio's Issue 1". Signal Cleveland. Retrieved August 3, 2023.
  6. ^ "Ohio 60% Vote Requirement to Approve Constitutional Amendments Measure (2023)". Ballotpedia. Retrieved May 10, 2023.
  7. ^ a b Wines, Michael (August 7, 2023). "Abortion Drives Ohio Election on Amending the State Constitution". New York Times. Retrieved August 8, 2023.
  8. ^ Carr Smyth, Julie; Hendrickson, Samantha (August 8, 2023). "Proposed constitutional change before Ohio voters could determine abortion rights in the state". The Independent. Retrieved August 8, 2023.
  9. ^ a b c d e f BeMiller, Haley (April 25, 2023). "Ex-Ohio GOP Govs. John Kasich, Bob Taft blast plan to make it harder to amend constitution". The Columbus Dispatch. Retrieved May 10, 2023.
  10. ^ Chudy, Emily (August 9, 2023). "Ohio referendum is huge win for abortion and LGBTQ+ rights". PinkNews | Latest lesbian, gay, bi and trans news | LGBTQ+ news. Retrieved August 9, 2023.
  11. ^ "Abortion messaging roils debate over Ohio ballot initiative. Backers said it wasn't about that". AP News. July 24, 2023. Retrieved August 3, 2023.
  12. ^ Smyth, Julie; Hendrickson, Samantha (May 10, 2023). "Ohio Constitution question aimed at thwarting abortion rights push heads to August ballot". AP News. Retrieved May 10, 2023.
  13. ^ "Arkansas Issue 2 Election Results: Require Supermajority Vote for Ballot Measures". The New York Times. November 8, 2022. ISSN 0362-4331. Retrieved May 12, 2023.
  14. ^ "Florida Amendment 3, Supermajority Vote Required to Approve a Constitutional Amendment (2006)". Ballotpedia. Retrieved June 7, 2023.
  15. ^ BeMiller, Haley (June 12, 2023). "Ohio Supreme Court rules partial rewrite of ballot language for constitution issue". The Columbus Dispatch. Retrieved June 12, 2023.
  16. ^ Mike Pence is Calling Everyone to Vote for the Ohio Constitution Protection Amendment, retrieved August 8, 2023
  17. ^ Metzger, Bryan (July 28, 2023). "Populist senator JD Vance supports an Illinois billionaire-backed effort to make it harder to change Ohio's constitution because he says it protects voters from 'out of state interests' ahead of abortion referendum". Business Insider. Retrieved July 28, 2023.
  18. ^ a b Grundy, Precious (July 7, 2023). "Allen County Republicans rally for Issue 1". The Lime News. Retrieved August 2, 2023.
  19. ^ Kasler, Karen (July 5, 2023). "Issue 1 supporters include most Ohio elected Republicans, including Lt. Gov. Husted". Ideastream. Retrieved July 24, 2023.
  20. ^ Douglas, Michael (May 21, 2023). "The disturbing 'Trumpification' of Frank LaRose puts power before his original brand". Akron Beacon Journal.
  21. ^ a b c Tobias, Andrew J. (July 10, 2023). "Campaigns off and running ahead of early voting start on State Issue 1 — and abortion isn't far behind". The Plain Dealer. Retrieved August 2, 2023.
  22. ^ a b c "Ohio business groups back 60% constitution proposal, citing minimum wage, 'medical freedom' amendments". The Plain Dealer. May 12, 2023. Retrieved May 26, 2023.
  23. ^ a b Tobias, Andrew (May 31, 2023). ""Yes" campaign launches for Ohio State Issue 1, to make constitution harder to change". The Plain Dealer.
  24. ^ a b c d e f g Griffin, Daniel (May 22, 2023). "Arguments for, against proposed Ohio constitutional amendment released". WCMH-TV. NBC News.
  25. ^ a b Defrank, Robert A. (July 15, 2023). "Ohioans weigh in on Issue 1". The Times Leader. Retrieved July 24, 2023.
  26. ^ Fischer, Neil (July 26, 2023). "City Club of Cleveland hosts Ohio Issue 1 debate as August special election nears". WKYC. Retrieved August 2, 2023.
  27. ^ Gott, Brian (July 27, 2023). "GOP hosts Issue 1 forum". Norwalk Reflector. Retrieved August 2, 2023.
  28. ^ Lacy, Akela (May 25, 2023). "Jan. 6 Megadonor Richard Uilhein Helping Ohio GOP Preemptively Overturn Will of the Voters". The Intercept.
  29. ^ a b c d e f Trau, Morgan (June 12, 2023). "Ohio advocates against Issue 1 confident measure will fail in August 8 election". Ohio Capital Journal. Retrieved June 14, 2023.
  30. ^ DiAlesandro, Wendy (July 7, 2023). "Ohio's August Special Election explained: What is Issue 1?". The Portager. Retrieved July 28, 2023.
  31. ^ a b c d e Ingles, Jo (May 1, 2023). "Former Ohio Attorneys General oppose resolution to make it harder to pass constitutional amendments". Statehouse News Bureau. Retrieved July 24, 2023.
  32. ^ a b c Behrens, Cole (June 10, 2023). "Mayor Ginther, central Ohio Dems rallying to urge voter rejection of Issue 1 on Aug. 8". The Columbus Dispatch. Retrieved July 24, 2023.
  33. ^ "Vote 'no' on State Issue 1: Justin Bibb". Cleveland. June 16, 2023. Retrieved June 17, 2023.
  34. ^ Sanderson, Emily (July 17, 2023). "Singer John Legend coming to Hamilton County for Issue 1 rally". WLWT. Retrieved July 24, 2023.
  35. ^ Marozzi, Collin (June 26, 2023). "TOP 5 REASONS TO VOTE NO ON ISSUE 1 ON AUGUST 8TH". ACLU. Retrieved July 24, 2023.
  36. ^ "Act today for abortion rights in Ohio". Bend the Arc: Jewish Action. Retrieved August 3, 2023.
  37. ^ Hainkel, Kristen (June 27, 2023). "Common Cause Ohio gathers to discuss Issue 1". The Marietta Times. Retrieved July 24, 2023.
  38. ^ District, Ohio (August 4, 2023). "Ohio CP says "Vote No!" on anti-abortion Issue 1". Communist Party USA. Retrieved August 7, 2023.
  39. ^ "2023 Endorsements – DSA National Electoral Committee".
  40. ^ Jackson, Tom (July 24, 2023). "Third parties line up to oppose Issue 1". Sandusky Register. Retrieved August 2, 2023.
  41. ^ Farley, Philena (May 11, 2023). "Vote No on August 8th – SJR2". Ohio Green Party. Retrieved July 24, 2023.
  42. ^ "As Crucial Ballot Initiative on Abortion Rights Advances in Ohio, Human Rights Campaign Endorses Ohio No On Issue 1". Human Rights Campaign. July 7, 2023. Retrieved July 10, 2023.
  43. ^ Martin, Kevin (June 22, 2023). "League of Women Voters, labor leaders decry Issue 1". The Chronicle-Telegram. Retrieved July 24, 2023.
  44. ^ Carr Smyth, Julie (May 9, 2023). "Ohio constitution overhaul faces deadline, backlash". AP News.
  45. ^ a b Kreemer, Avery (July 14, 2023). "Unions speak out against Issue 1 in Dayton event". Dayton Daily News. Retrieved July 24, 2023.
  46. ^ "Ohio Special Election 2023 : Swing Left".
  47. ^ a b Kreemer, Avery (July 7, 2023). "Why some groups have taken stances on August's Issue 1".
  48. ^ "Vote No on Issue 1". United Steelworkers. Retrieved July 24, 2023.
  49. ^ Editorial Board (May 21, 2023). "Ohio amendment: Why would citizens cede more power to their state government?". Acron Beacon Journal. Retrieved June 14, 2023.
  50. ^ Editorial Board (May 21, 2023). "Editorial: Bring it on". The Blade. Retrieved July 24, 2023.
  51. ^ Editorial Board (April 28, 2023). "DeWine is being awfully deferential to GOP lawmakers". The Chronicle-Telegram. Retrieved July 24, 2023.
  52. ^ Editorial Board (August 2, 2023). "Voters should reject Ohio Issue 1 and win-at-all-costs politics | Editorial". Cincinnat.com. Retrieved August 2, 2023.
  53. ^ Editorial Board (May 30, 2023). "Our view: A 'yes' vote on Issue 1 would drive dagger in Ohio's 'heart'". The Columbus Dispatch. Retrieved June 14, 2023.
  54. ^ Editorial Board (June 18, 2023). "OUR VIEW: Keep our living document alive". Dayton Daily News. Retrieved July 23, 2023.
  55. ^ Editorial Board (June 4, 2023). "The Statehouse con on selling Issue 1 in the Aug. 8 election, exposed: editorial". The Plain Dealer. Retrieved July 24, 2023.
  56. ^ Editorial Board (May 13, 2023). "Minority power grab: August election". Sandusky Register. Retrieved July 24, 2023.
  57. ^ BeMiller, Haley. "Issue 1 poll: Most Ohio voters oppose plan to make it harder to amend constitution". Cincinnati Enquirer.
  58. ^ Anderson, Kyle (August 8, 2023). "Issue One defeated after election draws record turnout". WFMJ. Retrieved August 9, 2023.
  59. ^ "Fall abortion battle propels huge early voter turnout for an Ohio special election next week". AP News. August 4, 2023. Retrieved August 9, 2023.
  60. ^ https://www.dispatch.com/story/news/politics/elections/2023/08/07/ohio-election-results-for-issue-1-aug-8-special-election/70542152007/
  61. ^ "Ohio voters reject Issue 1, scoring win for abortion-rights supporters ahead of November". The Columbus Dispatch.
  62. ^ https://www.washingtonpost.com/politics/2023/08/08/ohio-election-issue-1-abortion/
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