Ohio to hold August election on proposal to make it harder to amend constitution

It's official: Ohio will hold an August election to ask voters whether it should be harder to amend the state constitution.

House Republicans passed a resolution 62-37 Wednesday that, if approved by voters, would require 60% of voters to enact new constitutional amendments instead of a simple majority. The vote capped off a tumultuous few weeks for GOP lawmakers, who wrestled with the issue and risked missing a key election deadline.

Five Republican House members voted against the resolution. The Senate concurred late Wednesday on the House changes.

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Supporters of the resolution were pushing for an August election to get ahead of a potential November ballot question that would enshrine abortion access in Ohio.

But separate legislation to pay for that election got scrapped. Now, the Legislature is setting the Aug. 8 election through the resolution alone, without providing immediate funds to the secretary of state’s office.

“It merely asks Ohioans if they want to approve a 60% threshold or not by voting in a free and fair election,” Rep. Brian Stewart, R-Ashville. “If that is really someone’s idea of an attack on democracy, they need to turn off cable news, log off Twitter and come back to reality. It’s not the end of the debate.”

More: Ohio House Republicans struggle to move on plan to make it harder to change constitution

The resolution, itself a proposed amendment, would increase the voter threshold to 60% for amendments put forward by citizens and the Legislature. It requires citizen groups to get voter signatures from all 88 counties, instead of 44, to place something on the ballot. And it would eliminate a 10-day period that petitioners are granted to replace any invalid signatures.

Proponents say this would protect Ohio's constitution from special interests, such as casinos and groups that want to legalize marijuana. Critics say it strips power from voters and ensures only well-funded outside groups can put amendments on the ballot.

As Republicans privately haggled over the issue, Illinois billionaire Richard Uihlein gave $1 million to a group that aired ads urging key legislators to support the resolution.

"What I hear when the sponsors say we're protecting the constitution is that they want to protect the constitution from you, the people,” Rep. Bride Rose Sweeney, D-Westlake, said.

House vote draws heated protests

Both camps gathered at the statehouse for Wednesday’s vote, although opponents significantly outnumbered those in support. People who could not get into the House chamber stayed in building’s rotunda, chanting loudly enough for lawmakers to hear. Inside the room, the resolution's backers wore T-shirts that read, "Save Ohio's constitution."

Robin Frodge of Cincinnati called the resolution an attack on Ohio women and reproductive rights.

“The Ohio Legislature is shaming and embarrassing itself by changing the rules mid-stream in a frustrated attempt to keep control of the issue, when it's really none of their business to start with,” said Frodge, referencing the abortion initiative.

Tensions escalated during the debate when Democratic lawmakers led a chant, “One person, one vote.” House security removed protesters and supporters from the public viewing area as House Speaker Jason Stephens, R-Kitts Hill, struggled to get control of the room.

After the resolution passed, Ohio Right to Life president Mike Gonidakis applauded Republicans for setting an election "for all of us to self-determine what Ohio's future may look like."

"Speaker Jason Stephens and House Republicans made the clear statement today that they unequivocally trust Ohio's voters," Gonidakis said. "Because of their leadership, the future of our state's constitution now rests completely in the hands of the people −not the political class − to debate amongst ourselves and come to a consensus."

What about the August election bill?

The Senate passed legislation last month that would have allocated $20 million to Secretary of State Frank LaRose for the August election. But that proposal died in a House committee after some GOP lawmakers expressed reservations about the election.

A House committee temporarily stripped the Aug. 8 election from the resolution on Tuesday to tee it up for a final vote. When Republicans added it back on Wednesday, 10 of their colleagues opposed it.

Democrats criticized Republicans for setting an election without providing the money. Senate President Matt Huffman, R-Lima, said LaRose’s office has enough funding to get through the election, and lawmakers will reimburse them for any costs – likely through the state budget.

LaRose, for his part, is a staunch supporter of the resolution and August election.

The decision to advance the plan without an election bill also raised some legal questions.

Steven Steinglass, a professor and dean emeritus at Cleveland State University, said the state's new election law does not permit August elections for proposed amendments. To change that, he argued, the Legislature needed to pass the August election bill in addition to the resolution.

Steinglass cited a court opinion that determined state statute can't be changed or repealed through a joint resolution from the General Assembly.

GOP leaders disagree. Huffman pointed to another opinion that empowers lawmakers to set an election through a resolution.

Opponents of the 60% threshold hinted Wednesday that the legal dispute could lead to a lawsuit.

"It is absolutely illegal," said Jen Miller, executive director of the League of Women Voters of Ohio. "We will look at our options, but at the end of the day, what they need to know is that we will launch a (get out the vote) campaign like they have never seen."

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.

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This article originally appeared on The Columbus Dispatch: Ohio House votes to put issue on August ballot changing constitution