Election Day is Tuesday: What you need to know about Ohio Issues 1 and 2

In Ohio on Tuesday, voters will determine the future of two hot-button social issues - abortion and marijuana.

Voters will decide Nov. 7 whether to approve Issue 1 and Issue 2, along with a range of other local races and levies. Issue 1 would enshrine the right to an abortion and other reproductive health care in the state constitution. Issue 2 is an initiated statute that would legalize recreational marijuana for adults 21 and older.

Election live updates: Ohio Issue 1 abortion amendment dominates today's election

Both are complex in their own ways, so here are some answers to common questions about each measure.

What is Ohio Issue 1?

Issue 1 would enshrine in the state constitution the right to an abortion up until viability, which is when a fetus can survive outside the uterus with reasonable measures. It also states that there's a right to access contraception, miscarriage care, fertility treatment and continuing a pregnancy.

More: Ohio Issue 1: Michigan approved abortion rights measure last year? Will Ohio follow suit?

How does Ohio Issue 1 compare to Roe v. Wade?

Both Issue 1 and the U.S. Supreme Court decision in Roe v. Wade use viability to dictate when most abortions are allowed. And they each allow abortions later in pregnancy − or post-viability − to protect the patient's life or health.

Would Ohio Issue 1 let minors get abortions without parental consent?

Critics say so, because the measure uses the term "individual" or "pregnant patient" instead of "woman." Supporters say they chose that word to be inclusive of transgender and nonbinary people. The amendment itself does not expressly mention parental consent.

Ohio currently requires minors to get their parents' approval, and judges will ultimately decide if that law violates the amendment, should it pass. Legal experts are mixed on how this could turn out. Children generally have fewer rights than adults, and some attorneys don't expect a Republican-leaning state Supreme Court to greatly expand those rights.

Attorney General Dave Yost's office, on the other hand, said "there is no guarantee that Ohio’s parental-consent law will remain in effect."

More: Ohio Issue 1: What do different religions say about abortion?

Would Ohio Issue 1 allow abortions up until birth?

This is another talking point among the issue's opponents. Under the proposal, abortions after viability would be allowed to save the pregnant patient's life or health. That decision would be made by the person's doctor.

That means abortions later in pregnancy could happen, although they're extremely rare in Ohio and nationwide. Proponents of Issue 1 say abortions later in pregnancy occur only under difficult, potentially life-threatening circumstances and don't happen on a whim.

Dig deeper on Ohio Issue 1

• What you need to know about November ballot issue on abortion

• What do different religions say about abortion?

• Why Ohio abortion opponents, Republicans aren't banning abortion before Issue 1 vote

• Michigan approved abortion rights measure last year. Will Ohio follow suit?

• Abortion rights side wins fundraising battle as out-of-state money flows

What is Ohio Issue 2?

The proposed law would allow Ohioans age 21 and older to possess 2.5 ounces of cannabis in any form except extract and 15 grams of extract. They could also grow up to six plants individually and no more than 12 in a household with multiple adults.

Products would be taxed 10% on top of Ohio's sales tax. The revenue would go toward a cannabis social equity and jobs program, municipalities with dispensaries, a state fund to combat substance abuse and administrative costs.

More: What Ohioans need to know about November ballot issue to legalize recreational marijuana

Could you smoke in public if Ohio Issue 2 passes?

Smoking marijuana would fall under the state's smoking ban. That law prohibits people from smoking plant material in enclosed areas open to the public, with exceptions for outdoor patios, smoke shops and hotel rooms designated for smoking.

Public use beyond that is less clear. Under the proposal, using marijuana in "public areas" would land someone with a minor misdemeanor. But it also says property owners and "any public place" could decide for themselves whether to accommodate marijuana use.

Proponents compare this to alcohol: You generally can't drink on a sidewalk, but you can in a licensed bar or restaurant. Business leaders who oppose the measure contend the language is unclear.

Does Ohio Issue 2 expunge marijuana convictions?

No. While other states automatically expunged certain arrests or convictions as part of their adult-use marijuana programs, Ohio's proposal does not include that.

Instead, it establishes the social equity program to help business owners who are disproportionately affected by the enforcement of marijuana laws. This would include people who are disadvantaged based on their race, gender, ethnicity or economic status. People with marijuana arrests or convictions on their record − or with a parent, child or spouse who has one − would also qualify.

Will the Legislature repeal Ohio Issue 2?

Since Issue 2 is an initiated statute, lawmakers are free to change or toss out the version that voters approve. But even though GOP leaders disapprove of recreational marijuana, a total repeal seems unlikely. They may instead look at the revenue distribution or impose additional requirements.

A quick side note: If Issue 2 passes, the Division of Cannabis Control will hash out specific program rules within the parameters of the new law.

More on Ohio Issue 2

• What to know about November ballot issue to legalize recreational marijuana

• Michigan marijuana shops make money off Ohio consumers. Issue 2 could change that

• Who's behind Ohio Issue 2? Marijuana businesses that will benefit from it

• Does recreational marijuana make roads less safe?

• Group behind Ohio Issue 2 gets boost from marijuana industry ahead of Nov. 7 election

How to vote early in-person in Ohio

Absentee ballots can be cast in-person at local board of elections offices or the county's designated early voting center.

All locations have the same hours:

• Nov. 1-3: 7:30 a.m. to 7:30 p.m.

• Nov. 4: 8 a.m. to 4 p.m.

• Nov. 5: 1 p.m. to 5 p.m.

What is Ohio's voter ID law?

A new state law no longer allows voters to use utility bills and other documents as identification to receive a ballot.

Now, a photo ID is required for in-person voting, either on Election Day or during the early voting period. To cast a ballot by mail, voters must provide a copy of their photo ID, driver's license number or the last four digits of their Social Security number.

Free state IDs are available to residents at local Bureau of Motor Vehicles deputy registrar locations. More information can be found at bmv.ohio.gov.

When is the November election in Ohio?

Polls open Tuesday, Nov. 7 at 6:30 a.m. and close at 7:30 p.m. To check your polling location, view a sample ballot and more, visit voteohio.gov.

Editor's note: This story has been updated with additional information about public marijuana use.

USA TODAY Network Ohio Bureau reporter Jessie Balmert contributed.

Haley BeMiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

This article originally appeared on The Columbus Dispatch: Election 2023: What you need to know about Ohio Issues 1 and 2