A Democratic-backed group that opposes the Ohio Constitution Protection Amendment, Senate Joint Resolution (SJR) 2, and an August special election to vote on it has filed a lawsuit on the grounds that the resolution is unconstitutional and illegal.
The group One Person One Vote, and a coalition of three Ohio residents Jeniece Brock, Brent Edwards, and Christopher Tavenor, filed the lawsuit with the Ohio Supreme Court in response to the passage of a resolution, the Ohio Constitution Protection Amendment, aimed at altering the process of how initiative petitions can propose constitutional amendments on May 10th.
Lawmakers approved the amendment by a vote of 62-37 which triggers a special election in August to vote on the amendment that would mandate a 60 percent approval percentage for any future constitutional amendments, call for signatures from all 88 counties, and do away with the opportunity to “cure” petitions by collecting additional signatures if necessary.
The complaint asserts that the August special election is illegal since statewide special elections were banned by the General Assembly in December as a result of their high costs and poor voter turnout.
Ohio Governor Mike DeWine signed House Bill (HB) 458 into law earlier this year, drastically altering the state’s election laws, including requiring a photo ID and eliminating August elections.
“The General Assembly’s attempt to put the Amendment before the people in a low-turnout August special election is unlawful. The Revised Code prescribes an unambiguous schedule for elections. It expressly limits special elections on constitutional amendments to November, March (coinciding with presidential primaries), or May. It does not permit statewide August elections for any purpose,” the lawsuit says.
With reference to unsuccessful ballot initiatives in Arkansas and South Dakota in 2022, the lawsuit also claims that voters are against changes such as these.
“The joint resolution underlying this action, Amended Substitute Senate Joint Resolution Number 2, seeks to hamstring Ohio’s democracy by amending the Constitution to increase the popular vote threshold to adopt constitutional amendments from a simple majority to a sixty percent supermajority (“the Amendment”). Such changes are unpopular with voters. Similar measures failed in South Dakota and Arkansas when voters rejected them during primary and general elections in 2022,” The lawsuit says.
The complaint, brought against Ohio Secretary of State Frank LaRose asks the Ohio Supreme Court to remove SJR 2 from the August 8th special election ballot.
Republican lawmakers are working to get SJR 2 on the special August election ballot before a proposed constitutional amendment to enshrine abortion in the state constitution goes before voters in November.
According to State Representative Adam Bird (R-Canal Winchester), it is “necessary” to allow Ohioans to vote on protecting the constitution in August.
“It allows Ohioans to vote on protecting the Constitution. This is pro-voter because Ohioans will get to decide this issue,” Rep. Bird said.
State Representative Beth Lear (R-Galena), told The Ohio Star that she finds it ironic that the people opposing the amendment hire an outside group to do their fighting for them but has “trust in Ohio voters over Leftist hacks every day.”
“How ironic the people who oppose making it more difficult for outside groups to manipulate our Constitution hire an outside group from DC to do their fighting for them. Marc Elias of Perkins Cole, the lawyer and firm made famous by manufacturing a fake story about President Trump and Russia, aren’t going to win in Ohio either. Ohioans are going to be the ones to decide whether they want their constitution filled with garbage like casinos and the elimination of parental rights or whether we’re going to make it harder to change our foundational document. I trust Ohio voters over Leftist hacks every day,” Rep. Lear told The Star.
The GOP maintains that it has a compelling legal argument and will prevail in court.
The Ohio Star reached out to Secretary of State LaRose and Attorney General Dave Yost for comment on the lawsuit.
Secretary of State LaRose’s spokesperson Rob Nichols told The Star that “they do not comment on litigation.”
Attorney General Yost’s office did not respond before press time.
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Hannah Poling is a lead reporter at The Ohio Star and The Star News Network. Follow Hannah on Twitter @HannahPoling1. Email tips to [email protected]
Photo “Ohio Statehouse” by Ɱ. CC BY-SA 4.0.
