Ohio Bill to Restrict Constitutional Amendments Has Hearing

On March 22, the Ohio House Constitutional Resolutions Committee heard HJR 1. It makes it more difficult for initiatives to change the state constitution. It requires signatures from all 88 counties (the number in each county would be 5% of the number of registered voters), and says they must pass with 60% of the vote. Also it eliminates the existing provision for a “cure period”, which means if the initiative lacks enough valid signatures, the proponents have an opportunity to collect more signatures.

The measure has 35 sponsors, all Republicans. See this story about the hearing. The committee hasn’t voted yet.


Comments

Ohio Bill to Restrict Constitutional Amendments Has Hearing — 14 Comments

  1. Quote: “The new version would require that signatures come from all 88 counties instead of just 44,” Stewart said. “If an amendment is going to apply to every Ohio and then every community should have a hand in putting that potential constitution amendment on the ballot.”

    Does that apply to ballot access for candidates for statewide elections? Does the Ohio Constitution allow this to apply to candidates for statewide elections? Have courts upheld such requirements?

  2. The US Supreme Court in 1969 struck down county distribution requirements for statewide independent candidate petitions. County distribution requirements violate “one person, one vote” because they give more power to residents of small-population counties than residents of populous counties. Since then all county distribution requirements for minor party and independent statewide petitions have been struck down, except Iowa and Arizona have them and no one has sued.

    As to statewide initiatives, the Ninth Circuit has struck down county distribution requirements in Nevada and Idaho, but the Eighth Circuit recently upheld one in Nebraska on a 2-1 vote.

    If the Ohio legislature passes this bill and puts it on the ballot in August 2023 for a vote of the people, that probably violates the due process rights of the groups that have already started circulating a petition. In 2013 a US District Court Judge in Ohio ruled that it violated due process for the legislature to have forced the qualified minor parties to do a petition to stay on the ballot for the 2014 election. The legislature had not created that new petition procedure until October 31, 2013, and it wasn’t fair to change the rules and make it effective right away. So all the qualified minor parties remained on the ballot in 2014 without the need for the new petition.

  3. https://supreme.justia.com/cases/federal/us/394/814/

    Moore v. Ogilvie, 394 U.S. 814 (1969)
    Moore v. Ogilvie
    No. 620
    Argued March 27, 1969
    Decided May 5, 1969
    394 U.S. 814
    APPEAL FROM THE UNITED STATES DISTRICT COURT
    FOR THE NORTHERN DISTRICT OF ILLINOIS
    Syllabus
    Appellants, who were independent candidates for presidential electors from Illinois in the 1968 election, sought declaratory and injunctive relief from a denial of certification by appellees, members of the State’s Electoral Board. An Illinois statute provides that nominating petitions for independent candidates must have 25,000 signatures, including 200 signatures from each of at least 50 of the State’s 102 counties. Appellants’ petitions contained over 25,000 signatures, but not 200 voters from each of 50 counties. Of the State’s registered voters, 93.4% reside in the 49 most populous counties, and only 6.6% in the remaining 53 counties. The District Court dismissed the complaint, relying on MacDougall v. Green, 335 U. S. 281.
    Held:
    1. The case is not moot, as the burden which MacDougall v. Green, supra, placed on nominations for statewide offices controls future elections, and reflects a continuing federal-state controversy which needs resolution. P. 816.
    2. The Illinois statute, which is an integral part of the election process, applies a rigid, arbitrary formula to sparsely settled counties and populous counties alike, and thus discriminates against the residents of the populous counties in the exercise of their political rights in violation of the Equal Protection Clause of the Fourteenth Amendment. MacDougall v. Green, supra, overruled. Pp. 394 U. S. 816-819.
    293 F. Supp. 411, reversed.
    —–
    WHERE ARE THE FED INDICTMENTS OF THE OHIO HACKS FOR SUBVERTING THE 14 AMDT ???

    VERY UN-FORTUNATELY, MOORE CAME A-F-T-E-R THE 1964 GERRYMANDER AND 1968 BALLOT ACCESS SCREWED-UP CASES

  4. One person one vote rule is stupid. Some people don’t deserve a vote.

  5. I like the 60% rule. Makes it harder for government sponsored initiatives to pass. It also takes power away from the big cities.

  6. I agree, the vast majority of people should not be allowed to vote. Taking power away from cities is great for the USA!!!

  7. In general I would say yes. The only difference is that our inner cities are more analogous to your suburbs politically and vice versa, for example I’m an inner city Moscow guy and our area is the more affluent and educated part of town, whereas the suburbs tend to be the areas with drunken underemployed louts of below average intelligence, young people who live in shoddy apartment buildings, loiter outside and blast crappy rap on cheap speakers at high volume, so called working class who rarely if ever work, high crime statistics, etc. The rural areas I would say are quite like in America politically. I posit hyperlocal government, but would have no problem with more political power to countryside vis a vis cities, even as an urbane urbanite myself.

  8. I’m proud of Moskva, don’t get me wrong. I believe in Russia for Russians and Moscow for Muscovites. These days I’m even proud of the Moscow Kremlin. Will wonders never cease? You should see the best Christian and Traditional political and cultural revival and the patriotic, patriarchal, nationalist fervour. Happy new calendar Easter, for Christ is once again risen, Putin is unifying Russia and making us great again, Trump is likewise going up and up after repeatedly being pronounced dead by the fake news. And nationalism, patriotism, and patriarchy are truly on the rise in all White countries, and even in all countries period. Thank God!!!

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