How proposed changes to Ohio Constitution could impact abortion issue

Ohio lawmakers are in the midst of a heated debate over a technical issue with widespread impact: What rules should be in place to amend the state's constitution.

Republicans in the House and Senate have introduced resolutions to require 60% of voters to enact constitutional amendments, instead of a simple majority. The discussions come as advocates begin to collect signatures on a proposed amendment for the November ballot that would expand abortion access in Ohio.

Senate GOP leaders threw an extra wrench in the debate last week when they unveiled their desire to hold a special August election on the issue.

The plan is controversial and complicated. Here's what you need to know.

How does the Ohio Constitution get changed?

Both the Legislature and citizen groups can place proposed constitutional amendments on the ballot. Ohio is in the minority of states that gives citizens this ability.

Citizens have to craft language, get it approved and gather signatures from over 400,000 voters in 44 counties to put their issue before voters. A proposal from lawmakers needs support from three-fifths of the House and Senate, and it does not require the governor's signature.

The amendment takes effect if a simple majority of voters − 50% plus one − votes in favor of it.

What would this proposal do?

Resolutions in the House and Senate would increase the voter threshold to 60%. The proposal from Rep. Brian Stewart, R-Ashville, would also change the process to get amendments on the ballot, such as requiring petitioners to get signatures from all 88 counties.

The resolutions are proposed constitutional amendments. That means voters get the final say in whether the rules should change.

What are people saying about it?

Proponents say this is necessary to keep special interests from spending millions of dollars to get their preferred policy in the constitution. The gaming industry, for example, spent big on an amendment to open four casinos in Ohio, which voters approved in 2009.

Critics believe increasing the voter threshold would have the opposite effect and embolden groups with the resources to lobby voters for support. Democrats also accuse Republicans of trying to tighten their grip on power by making it harder for citizens to use this process.

Why are there two resolutions?

Stewart and Secretary of State Frank LaRose tried to fast track the proposal during last year's lame-duck session, but it didn't have enough support to pass the House. Stewart brought it back in January, and it's been slow to get off the ground since then. He claimed stalling the resolution was part of a deal House Speaker Jason Stephens, R-Kitts Hill, made with Democrats to get the speaker's gavel.

Senate President Matt Huffman, R-Lima, got impatient. He was ready to pass the resolution during lame duck and put the question on the May ballot. Now, he wants to deal with this in an August special election to get ahead of the abortion question, which will likely appear on the November ballot.

Enter Sens. Theresa Gavarone, R-Bowling Green, and Rob McColley, R-Napoleon. They introduced the Senate resolution last week, along with a bill that would create a $20 million special election on Aug. 8 specifically for that purpose.

Why is there legislation for an election?

The Legislature sets the time, place and manner of elections.

Ohio Republicans also have to account for a new voting law that eliminates August special elections unless a local government or school district is under a fiscal emergency. Proponents of the measure − including LaRose − said it will save taxpayer money on elections that generate very low turnout.

The bill from Gavarone and McColley would allow August special elections for amendments proposed by the Legislature. It would not apply to citizen-initiated amendments.

What does this mean for the abortion amendment?

First, the abortion amendment still has a ways to go before it reaches the ballot. Petitioners are collecting signatures and must get those approved.

Meanwhile, Cincinnati Right to Life filed a lawsuit arguing the Ohio Ballot Board should have divided the proposed language into multiple amendments. The group wants the Ohio Supreme Court to order the board to reconvene, but it's unclear whether the court will take the case.

The passage of the 60% resolution and August election is also far from certain. Stephens signaled that he's not on board with the election, which could complicate matters in the House.

Lawmakers have until May 10 to get something on the ballot for August, so the clock is ticking.

If the Legislature sets an August election for this ballot question, and it passes, the abortion amendment would be subject to the 60% requirement. That would likely mean more money and a harder campaign for abortion rights advocates.

Opponents of the GOP resolution are confident voters wouldn't approve the higher threshold, but their immediate goal is to keep it off the ballot altogether.

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: How fight over Ohio constitutional amendments could affect abortion