August 2023 Ohio Issue 1

Last updated

Issue 1
Flag of Ohio.svg
August 8, 2023 (2023-08-08)
Elevating the Standards to Qualify for an Initiated Constitutional Amendment and to Pass a Constitutional Amendment [1]
Results
Choice
Votes %
Check-71-128-204-brightblue.svg Yes1,329,05242.89%
Light brown x.svg No1,769,48257.11%
Total votes3,098,534100.00%
August 2023 Ohio Issue 1 results map by county.svg
August 2023 Ohio Issue 1 results map by congressional district.svg
Yes:     50–60%     60–70%     70–80%     80–90%
No:     50–60%     60–70%     70–80%     80–90%

A special election was held in the U.S. state of Ohio on August 8, 2023, on a referendum to make it substantially harder for voter-led initiatives to amend the Ohio State Constitution to be proposed and approved. [2]

Contents

The initiative was defeated by a decisive margin of 57% to 43% amid unusually high voter turnout for an off-year election held in August, with over 3 million ballots cast overall.

The intent of this initiative, according to its creator, Republican State Representative Brian Stewart, was to "[stop] a whole host of [referendum] issues that we know are coming down the pike" including on redistricting, qualified immunity, the minimum wage and, most notably, abortion; [3] a referendum to restore Roe v. Wade-era access to abortion in the state appeared on the November 2023 ballot and passed by a 57% to 43% margin.

Background

A protester at a May 2023 rally against holding the special election 05.10.23 Day of action on HJR1 & SJRB1 17.jpg
A protester at a May 2023 rally against holding the special election

Issue 1 was proposed by State Representative Stewart and the state's top election official, Secretary of State Frank LaRose. [4] According to Stewart, Issue 1 was intended to stop "far-left ballot proposals" and "ballot campaigns [featuring] destructive policies that [liberal groups] could never get through a state legislature", while LaRose stated that it was "100% about keeping a radical pro-abortion amendment out of our constitution". [5] [6] LaRose later claimed that his statement was taken out of context and generally called the issue a "good government" move that blocks influence from out-of-state special interests. [7]

The amendment was supported by the Republican Party of Ohio and opposed by a multipartisan coalition of groups including the Democratic Party of Ohio, Libertarian Party of Ohio, Green Party of Ohio, and several former Republican officials; with the former claiming that the amendment was necessary to prevent advocacy groups from lobbying their interests into the state constitution, and the latter arguing that the amendment was undemocratic and would result in minority rule. [8] Four former governors of Ohio, John Kasich, Ted Strickland, Bob Taft, and Dick Celeste, favored a "no" vote on Issue 1, along with a large majority of Ohio newspapers, who argued that Issue 1's passage would have the effect of centralizing power in the state government and limit the power of voters to effect political change. [9] [10] Incumbent Republican governor Mike DeWine supported it. [11]

The issue was widely seen as being related to the issue of abortion in Ohio, as a referendum to restore legal access to elective abortion in the state would be held in November 2023. Thus, the scheduling of the Issue 1 vote was seen as an attempt to raise the success threshold before the abortion vote could take place. In addition, advocacy groups also attempted to use the referendum as an attack to LGBT rights, mainly, transgender rights. [12]

The decision to hold the election in August as opposed to November was criticized as an attempt to help the amendment's passage by capitalizing on historically low voter turnout in special elections. [13] In fact, the Ohio General Assembly had passed, and Governor DeWine had signed, House Bill 458 just months earlier, among the provisions of which eliminated August special elections except in cases of fiscal emergency; the stated rationale for this provision, given by Secretary of State Frank LaRose and others at the time, was the consistently low turnout seen in historical August elections. [14] After the Issue 1 vote was scheduled for August 2023, LaRose defended this apparent contradiction by saying that HB 458 does not apply to state legislators, who are free to select any date they wish for a referendum on a constitutional amendment they refer to voters. [15] Democrats rebutted this point, saying that legislators should have chosen from a list of election days that had already been set. A lawsuit was filed over the timing of the election, but on June 16, in a 4–3 ruling, the Ohio Supreme Court agreed with LaRose's interpretation and decided the election would continue as scheduled. [16] The election cost state taxpayers $20 million.

Similar amendments to require supermajority support for state constitutional amendments have failed in various states, most recently in Arkansas in 2022. [17] A comparable measure passed in Florida in 2006. [18]

In June 2023, the Ohio Supreme Court ruled that part of the amendment was misleading and would have to be rewritten by the state's Ballot Board. [19]

Political scientist Jacob M. Grumbach claimed the passage of Issue 1 would likely lead to democratic backsliding, citing the proposed measure as among a "growing use of moves that defy norms of democratic behavior". [9]

Provisions

If approved by voters, the amendment would have changed the Ohio State Constitution, modifying the Initiative and Referendum Process Amendment of 1912, which created a method for citizen-initiated direct democracy in Ohio. [20]

A "yes" vote on Issue 1 was a vote to change the Ohio Constitution by:

Had the amendment passed the second and third provisions would have taken effect immediately, while the first provision would have taken effect on January 1, 2024. [22]

A "no" vote on Issue 1 was a vote to keep the Ohio Constitution as is, by:

Endorsements

Yes
U.S. Executive Branch officials
U.S. Senators
U.S. Representatives
Statewide officials
  • Mike DeWine, 70th Governor of Ohio (2019–present) (Republican) [11]
  • Keith Faber, 33rd Auditor of Ohio (2019–present) (Republican) [29]
  • Jon Husted, 66th Lieutenant Governor of Ohio (2019–present) and 53rd Secretary of State of Ohio (2011–2019) (Republican) [30]
  • Frank LaRose, 51st Secretary of State of Ohio (2019–present) (Republican) [31]
  • Robert Sprague, 49th Treasurer of Ohio (2019–present) (Republican) [29]
  • Dave Yost, 51st Attorney General of Ohio (2019–present) and 32nd Auditor of Ohio (2011–2019) (Republican) [32]
State Senators
State House members
  • Adam Bird, state representative from the 63rd district (2023–present) and 66th district (2021–2022) [36]
  • Ron Ferguson, state representative from the 96th district (2021–present) (Republican) [37]
  • Jim Hoops, state representative from the 81st district (2018–present) (Republican) [34]
  • Don Jones, state representative from the 95th district (2019–present) (Republican) [37]
  • Susan Manchester, state representative from the 78th district (2019–present) (Republican) [38]
  • Dick Stein, state representative from the 54th district (2017–present) (Republican) [39]
  • Brian Stewart, state representative from the 12th district (2021–present) (Republican) [35]
Individuals
Organizations
No
U.S. Senators
U.S. Representatives
Former statewide officials
  • Dick Celeste, 64th Governor of Ohio (1983–1991) and 55th Lieutenant Governor of Ohio (1975–1979) (Democrat) [11]
  • Richard Cordray, 49th Attorney General of Ohio (2009–2011) and 46th Treasurer of Ohio (2007–2009) (Democrat) [51]
  • Lee Fisher, 64th Lieutenant Governor of Ohio (2007–2011) and 44th Attorney General of Ohio (1991–1995) (Democrat) [51]
  • John Kasich, 69th Governor of Ohio (2011–2019) and U.S. Representative from OH-12 (1983–2001) (Republican) [11]
  • Betty Montgomery, 30th Auditor of Ohio (2003–2007) and 45th Attorney General of Ohio (1995–2003) (Republican) [51]
  • Jim Petro, 46th Attorney General of Ohio (2003–2007) and 29th Auditor of Ohio (1995–2003) (Republican) [51]
  • Nancy H. Rogers, 48th Attorney General of Ohio (2008–2009) (Democrat) [51]
  • Ted Strickland, 68th Governor of Ohio (2007–2011) and U.S. Representative from OH-6 (1997–2007) (Democrat) [11]
  • Bob Taft, 67th Governor of Ohio (1999–2007) and 49th Secretary of State of Ohio (1991–1999) (Republican) [11]
State Senators
State House members
  • Michael Curtin, state representative from the 17th district (2013–2016) [53]
  • Dani Isaacsohn, state representative from the 24th district (2023–present) (Democrat) [35]
  • Dontavius Jarrells, state representative from the 1st district (2021–present) (Democrat) [35]
  • Allison Russo, Minority Leader of the Ohio House of Representatives (2022–present) from the 7th district (2019–present) (Democrat) [52]
  • Bride Rose Sweeney, state representative from the 16th district (2018–present) (Democrat) [35]
Local officials
Individuals
Organizations
Labor unions
Newspapers

Polling

Poll sourceDate(s) administeredSample sizeMargin of errorYesNoUndecided
Ohio Northern University July 17–26, 2023650 (LV)± 3.7%42%41%17%
USA Today/Suffolk University [81] July 9–12, 2023500 (LV)± 4.4%26%57%17%
Scripps News/YouGov June 20–22, 2023500 (LV)± 5.95%38%37%26%

Turnout and outcome

Voter turnout was unusually high, particularly for an August ballot, with approximately 39% of registered voters casting votes on the issue. [82] [83] The Columbus Dispatch reported that it was the highest turnout for a non-general election since the 2016 primary. [3]

Excluding outstanding absentee by mail and provisional ballots, the Dispatch reported late on August 8 with more than 99% of the votes counted that the referendum failed by a margin of more than 14%. Of the more than 3 million votes counted, 57.11% were "no" votes and 42.89% voted "yes". [84] Decision Desk HQ, an election results reporting agency, called the race around 8:09 p.m. EDT, while The Associated Press projected that Issue 1 had failed around 9 p.m. EDT. [85] [86]

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References

    1. ↑ "2023 Official Election Results". Ohio Secretary of State. Retrieved September 9, 2023.
    2. ↑ S.J.R. 2 Ohio General Assembly.
    3. 1 2 "What supporters, opponents are saying about Issue 1 on Ohio's August ballot". The Columbus Dispatch. Retrieved August 3, 2023. Stewart: There are a whole host of issues that we know are coming down the pike. ... We know that's coming on a whole host of issues. I think it's entirely reasonable, knowing that that's on the horizon for this November, next November and so forth, to ask Ohioans to say wait, we're going to have an election to decide the rules of the game. ... That applies to abortion, that applies to redistricting, that applies to wage hikes, that applies to qualified immunity.
    4. ↑ Walsh, Maeve. "Issue 1 is '100%' about blocking abortion measure, Frank LaRose says". WCMH . Retrieved August 6, 2023.
    5. ↑ Tobias, Andrew (July 24, 2023). "Ohio's fight over State Issue 1 just one part of a larger national battle over ballot issues". cleveland.com . Retrieved August 6, 2023.
    6. ↑ Honderich, Holly (August 6, 2023). "Ahead of Ohio abortion vote, Republicans try to change the rules". BBC News . Retrieved August 6, 2023.
    7. ↑ "Abortion messaging roils debate over Ohio ballot initiative. Backers said it wasn't about that". AP News. July 24, 2023. Retrieved August 3, 2023.
    8. ↑ "Ohio 60% Vote Requirement to Approve Constitutional Amendments Measure (2023)". Ballotpedia. Retrieved May 10, 2023.
    9. 1 2 Wines, Michael (August 7, 2023). "Abortion Drives Ohio Election on Amending the State Constitution". New York Times . Retrieved August 8, 2023.
    10. ↑ Carr Smyth, Julie; Hendrickson, Samantha (August 8, 2023). "Proposed constitutional change before Ohio voters could determine abortion rights in the state". The Independent. Retrieved August 8, 2023.
    11. 1 2 3 4 5 6 BeMiller, Haley (April 25, 2023). "Ex-Ohio GOP Govs. John Kasich, Bob Taft blast plan to make it harder to amend constitution". The Columbus Dispatch. Retrieved May 10, 2023.
    12. ↑ Chudy, Emily (August 9, 2023). "Ohio referendum is huge win for abortion and LGBTQ+ rights". PinkNews. Retrieved August 9, 2023.
    13. ↑ Smyth, Julie; Hendrickson, Samantha (May 10, 2023). "Ohio Constitution question aimed at thwarting abortion rights push heads to August ballot". AP News. Retrieved May 10, 2023.
    14. ↑ Tebben, Susan (November 30, 2022). "Ohio House committee continues debate on nixing August special elections". Ohio Capital Journal . Retrieved August 9, 2023.
    15. ↑ Kasler, Karen (June 15, 2023). "LaRose says the Ohio law banning most August special elections doesn't apply to state lawmakers". WOUB-TV . Retrieved August 9, 2023.
    16. ↑ Kreemer, Avery (June 16, 2023). "August single-issue special election can continue, Ohio Supreme Court says". Dayton Daily News . Retrieved August 9, 2023.
    17. ↑ "Arkansas Issue 2 Election Results: Require Supermajority Vote for Ballot Measures". The New York Times. November 8, 2022. ISSN   0362-4331 . Retrieved May 12, 2023.
    18. ↑ "Florida Amendment 3, Supermajority Vote Required to Approve a Constitutional Amendment (2006)". Ballotpedia. Retrieved June 7, 2023.
    19. ↑ BeMiller, Haley (June 12, 2023). "Ohio Supreme Court rules partial rewrite of ballot language for constitution issue". The Columbus Dispatch. Retrieved June 12, 2023.
    20. ↑ "Ohio Initiative and Referendum Process Amendment (September 1912)". Ballotpedia.
    21. ↑ Lewis, Frank W. (June 27, 2023). "Everything you need to know about Ohio's Issue 1". Signal Cleveland. Retrieved August 3, 2023.
    22. ↑ "What does a yes vote on Ohio Issue 1 mean? Details of the Aug. 8 special election". www.wkyc.com. July 14, 2023. Retrieved August 9, 2023.
    23. 1 2 3 Fening, Madeline (July 27, 2023). "QAnon 'Sound of Freedom' Star Coming to Norwood to Campaign for Issue 1". Cincinnati CityBeat. Retrieved September 21, 2023.
    24. ↑ Mike Pence is Calling Everyone to Vote for the Ohio Constitution Protection Amendment , retrieved August 8, 2023
    25. ↑ Metzger, Bryan (July 28, 2023). "Populist senator JD Vance supports an Illinois billionaire-backed effort to make it harder to change Ohio's constitution because he says it protects voters from 'out of state interests' ahead of abortion referendum". Business Insider. Retrieved July 28, 2023.
    26. ↑ Hainkel, Kristen (July 31, 2023). "Rallying support for Issue 1". The Marietta Times. Retrieved September 21, 2023.
    27. ↑ McIntire, Mary Ellen (August 2, 2023). "Ohio abortion issue fuels push to make amending constitution harder". Roll Call. Retrieved September 21, 2023.
    28. 1 2 3 "Ohio business groups back 60% constitution proposal, citing minimum wage, 'medical freedom' amendments". The Plain Dealer. May 12, 2023. Retrieved May 26, 2023.
    29. 1 2 Grundy, Precious (July 7, 2023). "Allen County Republicans rally for Issue 1". The Lime News. Retrieved August 2, 2023.
    30. ↑ Kasler, Karen (July 5, 2023). "Issue 1 supporters include most Ohio elected Republicans, including Lt. Gov. Husted". Ideastream. Retrieved July 24, 2023.
    31. ↑ Douglas, Michael (May 21, 2023). "The disturbing 'Trumpification' of Frank LaRose puts power before his original brand". Akron Beacon Journal.
    32. 1 2 3 Tobias, Andrew J. (July 10, 2023). "Campaigns off and running ahead of early voting start on State Issue 1 — and abortion isn't far behind". The Plain Dealer. Retrieved August 2, 2023.
    33. 1 2 Trau, Morgan; Roth, Zachary (August 1, 2023). "How Ohio's Issue 1 could affect the rest of the country". Ohio Capital Journal. Retrieved August 5, 2023.
    34. 1 2 Tobias, Andrew (May 31, 2023). ""Yes" campaign launches for Ohio State Issue 1, to make constitution harder to change". The Plain Dealer.
    35. 1 2 3 4 5 6 7 Griffin, Daniel (May 22, 2023). "Arguments for, against proposed Ohio constitutional amendment released". WCMH-TV. NBC News.
    36. 1 2 3 Trau, Morgan (August 4, 2023). "Election to stop out-of-state special interests funded by out-of-state special interests". Ohio Capital Journal. Retrieved August 5, 2023.
    37. 1 2 Defrank, Robert A. (July 15, 2023). "Ohioans weigh in on Issue 1". The Times Leader. Retrieved July 24, 2023.
    38. ↑ Fischer, Neil (July 26, 2023). "City Club of Cleveland hosts Ohio Issue 1 debate as August special election nears". WKYC. Retrieved August 2, 2023.
    39. ↑ Gott, Brian (July 27, 2023). "GOP hosts Issue 1 forum". Norwalk Reflector. Retrieved August 2, 2023.
    40. ↑ Schladen, Marty (August 4, 2023). "Analysis: Growing number of Issue 1 boosters connected to election denial". Ohio Capital Journal. Retrieved August 5, 2023.
    41. ↑ Lacy, Akela (May 25, 2023). "Jan. 6 Megadonor Richard Uilhein Helping Ohio GOP Preemptively Overturn Will of the Voters". The Intercept.
    42. ↑ Tobias, Andrew J. (August 1, 2023). "Wondering why you got a copy of the 'Buckeye Reporter' in the mail? Here's more about the pseudo news network behind it". The Plain Dealer. Retrieved August 5, 2023.
    43. 1 2 3 4 5 6 Trau, Morgan (June 12, 2023). "Ohio advocates against Issue 1 confident measure will fail in August 8 election". Ohio Capital Journal. Retrieved June 14, 2023.
    44. ↑ DiAlesandro, Wendy (July 7, 2023). "Ohio's August Special Election explained: What is Issue 1?". The Portager. Retrieved July 28, 2023.
    45. ↑ Shillcock, George (July 20, 2023). "Rep. Joyce Beatty pulls out of Ohio Chamber of Commerce fundraiser ahead of Issue 1 vote". WOSU-FM. Retrieved September 21, 2023.
    46. ↑ Kosich, John (July 31, 2023). "Ohio expands in-person early voting hours a week ahead of Aug. 8 special election". WEWS-TV. Retrieved September 21, 2023.
    47. ↑ Spectrum News Staff (August 8, 2023). "Ohio lawmakers, officials react to the rejection of Issue 1". Spectrum News. Retrieved September 21, 2023.
    48. ↑ Fening, Madeline (August 4, 2023). "Congressman Greg Landsman Compares Issue 1 to 2011's Failed Issue 2". Cincinnati CityBeat. Retrieved September 21, 2023.
    49. 1 2 3 Tobias, Andrew J. (August 7, 2023). "State Issue 1 campaigns make final push for voters ahead of high-stakes Aug. 8 election". The Plain Dealer. Retrieved September 21, 2023.
    50. ↑ Conley, Julia (August 7, 2023). "To Protect Abortion Rights, Organizers Urge Ohioans to 'Vote No on Issue 1' in Tuesday Election". Common Dreams. Retrieved September 21, 2023.
    51. 1 2 3 4 5 Ingles, Jo (May 1, 2023). "Former Ohio Attorneys General oppose resolution to make it harder to pass constitutional amendments". Statehouse News Bureau. Retrieved July 24, 2023.
    52. 1 2 3 Behrens, Cole (June 10, 2023). "Mayor Ginther, central Ohio Dems rallying to urge voter rejection of Issue 1 on Aug. 8". The Columbus Dispatch. Retrieved July 24, 2023.
    53. ↑ Szilagy, Sarah (July 26, 2023). "In Issue 1 debate, a multitude of concerns surround a single-issue election". NBC4. Retrieved August 5, 2023.
    54. ↑ "Vote 'no' on State Issue 1: Justin Bibb". Cleveland. June 16, 2023. Retrieved June 17, 2023.
    55. ↑ Goldberg, Michelle (August 4, 2023). "The Critical Election Republicans Are Hoping You Won't Notice". The New York Times. Retrieved August 5, 2023.
    56. ↑ Sanderson, Emily (July 17, 2023). "Singer John Legend coming to Hamilton County for Issue 1 rally". WLWT. Retrieved July 24, 2023.
    57. ↑ Fahmy, Natalie (July 26, 2023). "Issue 1's supporters and opponents double down on positions after debate". NBC4. Retrieved August 5, 2023.
    58. ↑ Walters, Elizabeth (August 5, 2023). "Elizabeth Walters: Issue One changes would curb voice of the public". The Ironton Tribune. Retrieved August 5, 2023.
    59. ↑ Marozzi, Collin (June 26, 2023). "TOP 5 REASONS TO VOTE NO ON ISSUE 1 ON AUGUST 8TH". ACLU. Retrieved July 24, 2023.
    60. ↑ "Act today for abortion rights in Ohio". Bend the Arc: Jewish Action. Retrieved August 3, 2023.
    61. ↑ Hainkel, Kristen (June 27, 2023). "Common Cause Ohio gathers to discuss Issue 1". The Marietta Times. Retrieved July 24, 2023.
    62. ↑ District, Ohio (August 4, 2023). "Ohio CP says "Vote No!" on anti-abortion Issue 1". Communist Party USA. Retrieved August 7, 2023.
    63. ↑ "2023 Endorsements – DSA National Electoral Committee".
    64. ↑ Jackson, Tom (July 24, 2023). "Third parties line up to oppose Issue 1". Sandusky Register. Retrieved August 2, 2023.
    65. ↑ Farley, Philena (May 11, 2023). "Vote No on August 8th – SJR2". Ohio Green Party. Retrieved July 24, 2023.
    66. ↑ "As Crucial Ballot Initiative on Abortion Rights Advances in Ohio, Human Rights Campaign Endorses Ohio No On Issue 1". Human Rights Campaign. July 7, 2023. Retrieved July 10, 2023.
    67. ↑ Martin, Kevin (June 22, 2023). "League of Women Voters, labor leaders decry Issue 1". The Chronicle-Telegram. Retrieved July 24, 2023.
    68. ↑ Carr Smyth, Julie (May 9, 2023). "Ohio constitution overhaul faces deadline, backlash". AP News.
    69. 1 2 Kreemer, Avery (July 14, 2023). "Unions speak out against Issue 1 in Dayton event". Dayton Daily News. Retrieved July 24, 2023.
    70. ↑ "Ohio Special Election 2023 | Swing Left".
    71. 1 2 Kreemer, Avery (July 7, 2023). "Why some groups have taken stances on August's Issue 1".
    72. ↑ "Vote No on Issue 1". United Steelworkers. Retrieved July 24, 2023.
    73. ↑ Editorial Board (May 21, 2023). "Ohio amendment: Why would citizens cede more power to their state government?". Acron Beacon Journal. Retrieved June 14, 2023.
    74. ↑ Editorial Board (May 21, 2023). "Editorial: Bring it on". The Blade. Retrieved July 24, 2023.
    75. ↑ Editorial Board (April 28, 2023). "DeWine is being awfully deferential to GOP lawmakers". The Chronicle-Telegram. Retrieved July 24, 2023.
    76. ↑ Editorial Board (August 2, 2023). "Voters should reject Ohio Issue 1 and win-at-all-costs politics | Editorial". Cincinnat.com. Retrieved August 2, 2023.
    77. ↑ Editorial Board (May 30, 2023). "Our view: A 'yes' vote on Issue 1 would drive dagger in Ohio's 'heart'". The Columbus Dispatch. Retrieved June 14, 2023.
    78. ↑ Editorial Board (June 18, 2023). "OUR VIEW: Keep our living document alive". Dayton Daily News. Retrieved July 23, 2023.
    79. ↑ Editorial Board (June 4, 2023). "The Statehouse con on selling Issue 1 in the Aug. 8 election, exposed: editorial". The Plain Dealer. Retrieved July 24, 2023.
    80. ↑ Editorial Board (May 13, 2023). "Minority power grab: August election". Sandusky Register. Retrieved July 24, 2023.
    81. ↑ BeMiller, Haley. "Issue 1 poll: Most Ohio voters oppose plan to make it harder to amend constitution". Cincinnati Enquirer.
    82. ↑ Anderson, Kyle (August 8, 2023). "Issue One defeated after election draws record turnout". WFMJ . Retrieved August 9, 2023.
    83. ↑ "Fall abortion battle propels huge early voter turnout for an Ohio special election next week". AP News . August 4, 2023. Retrieved August 9, 2023.
    84. ↑ "Ohio special election results for Aug. 8, 2023". The Columbus Dispatch.
    85. ↑ "Ohio voters reject Issue 1, scoring win for abortion-rights supporters ahead of November". The Columbus Dispatch.
    86. ↑ Marley, Patrick; Roubein, Rachel; Williams, Kevin (August 8, 2023). "Ohio voters reject higher bar for altering constitution, a win for abortion rights supporters". The Washington Post. Washington, D.C. Archived from the original on August 9, 2023.
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