State Democracy Research Initiative
University of Wisconsin Law School

OHIO

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Ohio has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments. Its direct democracy processes vary somewhat depending on whether a measure is initiated by voters or referred by the legislature. For instance, the legislature may call a special election for a legislatively referred amendment, rather than submitting it to voters at the next general election as required for other ballot measures. Ohio also provides additional requirements for certain popular initiatives, including those involving levying a tax or spending government funds. Notwithstanding these differences, the Ohio Ballot Board plays a role in developing ballot language for all ballot measures, and the Ohio Constitution provides the state supreme court with original jurisdiction over legal challenges.

BACKGROUND INFORMATION

What forms of direct democracy are available, and when?

Statewide Ballot Measures in Ohio

Ohio has statutory and constitutional initiatives, veto referendums, and legislatively referred amendments.

√ Initiatives – Statutory

√ Initiatives – Constitutional

The people of Ohio have reserved the initiative power to propose and enact laws and/or amendments to the state constitution independently of the legislature. Ohio Const. art. II, §§ 1–1b, 1e, 1g.

√ Veto Referendums

Ohioans have the referendum power to approve or reject any law passed by the General Assembly, or section thereof, or any item in any law appropriating money, except for certain laws including emergency laws necessary for the immediate preservation of public peace, health, or safety. Ohio Const. art. II, §§ 1–1b, 1c–1e, 1g.

√ Legislatively Referred Amendments

A constitutional amendment proposed by the state legislature must be approved by Ohio voters. Ohio Const. art. XVI, § 1.

Election Timing

The timing of an election on an Ohio ballot measure may depend on the form of direct democracy; for legislatively referred amendments, a special election may be called.

  • An initiative or veto referendum must be submitted to voters at the next regular or general election occurring more than 125 days after the petition is filed. Ohio Const. art. II, §§ 1a–1b. This includes general elections occurring on even- or odd-numbered years. Ohio Rev. Code Ann. § 3501.01(A).
  • A legislatively referred amendment is submitted to voters after it is approved by a three-fifths supermajority of members elected to each house of the legislature. It is then submitted at the next general election or a special election as the General Assembly may prescribe. Ohio Const. art. XVI, § 1.

BALLOT PREPARATION

What is included on the ballot, and who prepares it?

The ballot for any state ballot measure must contain the following information.

  • Ballot title. Ohio Rev. Code Ann. § 3519.21.
    • The ballot title is prepared by the Secretary of State.
    • It must give a true and impartial statement of the measure, in language not likely to create prejudice for or against it.
  • Ballot language identifying substance of proposal to be voted upon. Ohio Const. art. XVI, § 1; art. II, § 1g.
    • This language is prescribed by a majority of the Ohio Ballot Board (“Board”). The Board is comprised of the Secretary of State plus four other members, not more than two of whom shall be members of the same political party. See Ohio Rev. Code Ann. § 3505.061. The Board must provide public notice of its meetings. See id. sub. (D).
  • (If applicable, for constitutional initiatives only) If the Board determines that a constitutional amendment proposed by popular petition would “grant or create a monopoly, oligopoly, or cartel, specifies or determines a tax rate, or confers a commercial interest, commercial interest, license, or right that is not available to other similarly situated persons,” an extra question must be submitted to voters for their approval. See Ohio Const. art. II, § 1e.

INFORMATION TO VOTERS

What information is provided to voters before the election, and how?

Publication

For any measure that will appear on the ballot, the Secretary of State at the direction of the Ohio Ballot Board (“Board”) must publish a notice once per week for three consecutive weeks before the election, in at least one newspaper of general circulation in each county where a newspaper is published. Notice must contain the following.

  • Text of proposal.
  • Ballot language.
  • Explanation of proposal (discussed below).
  • Arguments for and against proposal (discussed below).

See Ohio Const. art. II, § 1g; id. art. XVI, § 1; see also Ohio Rev. Code Ann. § 3505.062.

In addition, as noted, the Board must provide public notice of any meetings, including meetings to determine ballot language. See Ohio Rev. Code Ann. § 3505.061(D).

Voter Information Pamphlet

While Ohio law does not require compilation of a formal pamphlet, each pre-election publication must contain the following materials.

  • Explanation of proposal, which may include purpose and effects. (300 words or less).
    • For initiatives and veto referendums, explanation may be prepared by measure’s sponsoring committee. If they fail to do so, the Board shall do so or designate a group of persons to do so. See Ohio Rev. Code Ann. § 3519.03.
    • For legislatively referred amendments, explanation is prepared by the Board. Ohio Const. art. XVI, § 1; Ohio Rev. Code Ann. §§ 3505.062(C), 3505.063.
  • Arguments for or against proposal (300 words or less, each).
    • For initiatives, arguments in favor may be prepared by the measure’s sponsoring committee. Ohio Rev. Code Ann. § 3519.03(A). Arguments in opposition shall be prepared by persons named by the General Assembly if it is in session, and if not, by the Governor. Id.
    • For veto referendums, arguments opposing the referred law may be prepared by measure’s sponsoring committee, while arguments in favor shall be prepared by persons named by the General Assembly if in session (or by Governor, if not). Id.
      • If the sponsoring committee and/or designated legislative members fail to prepare an argument, the Board shall supply the omission(s) or designate a group of persons to do so. § 3519.03(B).
    • For legislatively referred amendments, the joint legislative resolution may designate a group or groups of members to prepare the arguments for and against the measure, but if these members fail to prepare the argument, the Board shall do so or designate a group of persons to do so. Ohio Rev. Code Ann. § 3505.062(E). See also, generally, Ohio Const. art. II, § 1g; id. art. XVI, § 1.
  • (If applicable) For any initiative proposing either the (1) levy of any tax or (2) expenditure of any state/local government funds:
    • The Secretary of State must request that the Office of Budget and Management prepare an estimate of annual expenditure of public funds, and/or that the Tax Commissioner prepare an estimate of the annual yield of any proposed taxes (as applicable). The Secretary of State must post any such estimate on its website for thirty (30) days before the election. Ohio Rev. Code Ann. § 3519.04.

JUDICIAL REVIEW

When and how can the court step in?

Under the state constitution, the Ohio Supreme Court has original, exclusive jurisdiction to hear certain challenges relating to ballot measures.

  • For initiatives and veto referendums, the court has jurisdiction over challenges to the sufficiency of a petition, which must be filed at least 95 days before the election. Ohio Const. art. II, § 1g.
    • However, no proposal that has already been submitted to and approved by voters shall be held void based on insufficiency of the petition. See id.; Ohio Rev. Code Ann. § 3519.22.
  • For proposed amendments (including constitutional initiatives and legislatively referred amendments), the court has jurisdiction over challenges to the adoption or submission of a proposed constitutional amendment, which must be filed at least 64 days before the election. Ohio Const. art. XVI, § 1.
    • However, ballot language shall not be held invalid unless it is such as to mislead, deceive, or defraud the voters.
    • For legislatively referred amendments only, an election cannot be stopped or invalidated because the explanation, arguments, or other information is faulty in any way.

Sample case: State ex rel. Voters First v. Ohio Ballot Board, 978 N.E.2d 119 (Ohio 2012) (compelling state to update ballot language describing constitutional initiative to establish an independent redistricting commission, because the challenged ballot (1) omitted the material information of who selects commission members; (2) omitted the material information of the criteria used to adopt new districts; and (3) inaccurately described the funding of the commission).