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

Amy Nachtrab of Delaware County leads chants as demonstrators filed out the rotunda of the Ohio Statehouse on Wednesday after protesting HJR 1/SJR 2, which would require a 60% vote to approve constitutional amendments.
Amy Nachtrab of Delaware County leads chants as demonstrators filed out the rotunda of the Ohio Statehouse on Wednesday after protesting HJR 1/SJR 2, which would require a 60% vote to approve constitutional amendments.

Ohio House Republicans are wrestling with a plan that would make it harder to change the state constitution, raising questions about whether they can get it to the finish line.

And the clock is ticking.

A House committee advanced a proposed amendment on Tuesday that, if approved by voters, would require 60% of voters to enact new constitutional amendments instead of a simple majority. The move came two weeks after the Ohio Senate passed the resolution, along with a bill to create a special August election solely for that ballot question.

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

But final action on the plan stalled this week.

"We know this is a very important issue," House Speaker Jason Stephens, R-Kitts Hill, said. "This is dealing with our constitution, so it's the most important issue before the House right now. And until we have a bill to vote on, we're going to continue the discussions."

Those discussions have been ongoing for weeks. The amendment needs support from three-fifths of the House, and proponents have been counting noses to determine whether it can clear the chamber. Ohio Right to Life asked House Republicans to sign a pledge of support and claims to have the backing of 60 lawmakers, according to documents obtained by the USA TODAY Network Ohio Bureau.

That includes Stephens, who told reporters last month that he'll back the resolution if it comes to a vote.

"The simple fact is this: The votes are there," Rep. Brian Stewart, R-Ashville, said. "If the speaker of the House wants this to be on the floor, it will be. If he doesn't want it to be, it's in his lap."

Stephens previously said he wants to make sure the resolution has enough support before bringing it to a floor. Rep. Brett Hillyer, R-Uhrichsville, who was the only Republican to oppose it in committee Tuesday, said he's not sure the votes are there.

"I don't think so today that they are," Hillyer said. "And if there were, I think you'd see a little bit larger groundswell of support."

Demonstrators wait to enter the Ohio Statehouse on Wednesday to protest HJR 1/SJR 2, which would require a 60% vote to approve constitutional amendments.
Demonstrators wait to enter the Ohio Statehouse on Wednesday to protest HJR 1/SJR 2, which would require a 60% vote to approve constitutional amendments.

Protesters at Statehouse Wednesday

House Republicans missed another key mile marker Wednesday after a House committee abruptly canceled a hearing on the August election bill. The decision came hours after hundreds of protesters rallied at the statehouse to oppose the proposed amendment and election.

The committee was poised to debate changes to the bill that would get rid of $20 million for Ohio Secretary of State Frank LaRose's office to fund the election.

At least one Republican on the panel − Rep. Jon Cross, R-Kenton − doesn't support the August election, making the bill's prospects uncertain. Cross signed the Ohio Right to Life pledge and said he supports changing rules for the constitution, but he believes the August ballot is a losing strategy.

He also noted that the Legislature recently limited most special elections in August because of cost and low turnout.

"I suggest that we hold the vote on the constitutional amendment in March of 2024 to maximize turnout," Cross said. "I am 100% pro-life, and I am working on a winnable solution with a path to victory."

The March 2024 date would be the same as Ohio's presidential primary election.

A demonstrator wears an Ohio flag in the rotunda of the Ohio Statehouse on Wednesday to protest HJR 1/SJR 2, which would require a 60% vote to approve constitutional amendments.
A demonstrator wears an Ohio flag in the rotunda of the Ohio Statehouse on Wednesday to protest HJR 1/SJR 2, which would require a 60% vote to approve constitutional amendments.

Deadline approaching to pass resolution, election bill

The tug-of-war has pushed the House up against election deadlines. LaRose told lawmakers they must pass the resolution and election bill by May 10 to give all 88 county boards of election time to prepare.

That means Stephens and other key Republicans will likely face increased pressure. A group bankrolled by Illinois billionaire Richard Uihlein, dubbed the Save Our Constitution PAC, is running ads calling on select House lawmakers to "stop the liberal takeover of Ohio." The organization is targeting Republicans who backed Stephens for speaker and plans to release new ads in the coming days.

“When people ask the question, 'Do you have the votes,' I say you don’t know until the board light is up," said Rep. Ron Ferguson, R-Wintersville, who supports the plan. "There are people that change their mind and people that outright lie."

Meanwhile, opposition against the 60% threshold continues to grow. The Libertarian Party of Ohio accused Republicans this week of "changing the rules in the middle of the ballgame." Former Republican and Democratic Ohio attorneys general also panned the measure in a letter to lawmakers this week.

"Such changes should not be made without the opportunity for participation of those most intimately affected by the constitution − the people," wrote Richard Cordray, Lee Fisher, Betty Montgomery, Jim Petro and Nancy Rogers. "Clearly, that has not happened in this rush to revise our constitution."

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 delays vote on 60% amendment resolution, August election