Ohio, USA, regional Agenda (setting) initiative [PAX] - Initiative (statute)

General Typology

Instrument
Agenda (setting) initiative [PAX]
Location
Ohio, USA
Political level
regional
Local Name:
Initiative (statute)
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Ohio Constitution, Article II
Section 1
The legislative power of the state shall be vested in a general assembly consisting of a senate and house of representatives but the people reserve to themselves the power to propose to the general assembly laws and amendments to the constitution [...]

Section 1b
When at any time, not less than ten days prior to the commencement of any session of the general assembly, there shall have been filed with the secretary of state a petition signed by three per centum of the electors and verified as herein provided, proposing a law, the full text of which shall have been set forth in such petition, the secretary of state shall transmit the same to the general assembly as soon as it convenes. If said proposed law shall be passed by the general assembly, either as petitioned for or in an amended form, it shall be subject to the referendum. If it shall not be passed, or if it shall be passed in an amended form, or if no action shall be taken thereon within four months from the time it is received by the general assembly, it shall be submitted by the secretary of state to the electors for their approval or rejection, if such submission shall be demanded by supplementary petition verified as herein provided and signed by not less than three per centum of the electors in addition to those signing the original petition, which supplementary petition must be signed and filed with the secretary of state within ninety days after the proposed law shall have been rejected by the general assembly or after the expiration of such term of four months, if no action has been taken thereon, or after the law as passed by the general assembly shall have been filed by the governor in the office of the secretary of state. [...]

Section 1g
[...] Upon all initiative, supplementary, and referendum petitions provided for in any of the sections of this article, it shall be necessary to file from each of one-half of the counties of the state, petitions bearing the signatures of not less than one-half of the designated percentage of the electors of such county. [...] The basis upon which the required number of petitioners in any case shall be determined shall be the total number of votes cast for the office of governor at the last preceding election therefor. [...]

Source: Constitution of the State of Ohio (accessed 4 August 2017)

Subject Matter:

Submitting laws to legislative approval or ballot question via initiative

Actors

Author:
Citizen
Initiator:
Electorate : The petition must be signed by 3% of the number of votes cast for governor at the last gubernatorial election including 1.5% of such voters in each of 1/2 of the counties. If the petition is submitted and deemed insufficient, circulators have 10 days to collect and file additional signatures (Ohio Constitution, Article II, Sections 1b & 1g).
Decision maker:
Legislature : If the initiative is not passed by the legislature unchanged, petitioners must gather signatures equaling an additional 3% of the number of votes cast for governor at the last gubernatorial election including 1.5% of such voters in each of 1/2 of the counties. (Ohio Constitution, Article II, Sections 1b & 1g). -- For the instrument concerning the effects of a legislative veto, see Ohio PCI: Supplementary petition.

Requirements

Number Of Signatures:
The petition must be signed by 3% of the number of votes cast for governor at the last gubernatorial election with 1.5% in each of 1/2 of the counties (Ohio Constitution, Article II, Sections 1b & 1g).
Available Time:
Petitions must be submitted at least 10 days before the legislative session (Ohio Constitution, Article II, Section 1b).
Geographical Quorum:
No geographical quorum to pass. The petition must be signed by 1.5% of the number of votes cast for governor at the last gubernatorial election in each of 1/2 of the counties (Ohio Constitution, Article II, Sections 1b & 1g).
Excluded Issues:

Ohio Constitution, Article II
Section 1
[...] The limitations expressed in the constitution, on the power of the general assembly to enact laws, shall be deemed limitations on the power of the people to enact laws.

Section 1e
The powers defined herein as the "initiative" and "referendum" shall not be used to pass a law authorizing any classification of property for the purpose of levying different rates of taxation thereon or of authorizing the levy of any single tax on land or land values or land sites at a higher rate or by a different rule than is or may be applied to improvements thereon or to personal property.

Source: Constitution of the State of Ohio (accessed 4 August 2017)

Other Formal Requirements:

Ohio Revised Code, Title XXXV, Chapter 3519
3519.01
(A) Only one proposal of law or constitutional amendment to be proposed by initiative petition shall be contained in an initiative petition to enable the voters to vote on that proposal separately. [...]

Source: Ohio Revised Code (accessed 4 August 2017)

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

Ohio Constitution, Article II
Section 1g
Any initiative, supplementary, or referendum petition may be presented in separate parts but each part shall contain a full and correct copy of the title, and text of the law, section or item thereof sought to be referred, or the proposed law or proposed amendment to the constitution. Each signer of any initiative, supplementary, or referendum petition must be an elector of the state and shall place on such petition after his name the date of signing and his place of residence. [...] To each part of such petition shall be attached the statement of the circulator, as may be required by law, that he witnessed the affixing of every signature. [...]

Ohio Revised Code, Title XXXV, Chapter 3519
3519.01
(A) [...] A petition shall include the text of any existing statute or constitutional provision that would be amended or repealed if the proposed law or constitutional amendment is adopted. [...]

Source: Constitution of the State of Ohio (accessed 4 August 2017) and Ohio Revised Code (accessed 4 August 2017)

Interaction With Authorities:

Ohio Revised Code, Title XXXV, Chapter 3519
3519.01
[...] Whoever seeks to propose a law or constitutional amendment by initiative petition shall, by a written petition signed by one thousand qualified electors, submit the proposed law or constitutional amendment and a summary of it to the attorney general for examination. [...]

3519.02
The petitioners shall designate in any initiative, referendum, or supplementary petition and on each of the several parts of such petition a committee of not less than three nor more than five of their number who shall represent them in all matters relating to such petitions. Notice of all matters or proceedings pertaining to such petitions may be served on said committee, or any of them, either personally or by registered mail, or by leaving such notice at the usual place of residence of each of them.

3519.04
Within two days after receipt, under division (A) of section 3519.01 of the Revised Code, of the verified copy of a proposed state law or constitutional amendment proposing the levy of any tax or involving a matter that will necessitate the expenditure of any funds of the state or any political subdivision of the state, the secretary of state shall request of the office of budget and management an estimate of any annual expenditure of public funds proposed and of the tax commissioner the annual yield of any proposed taxes. [...]

Source: Ohio Revised Code (accessed 24 July 2013)

Supervision And Support:

Ohio Constitution, Article II
Section 1g
[...] The secretary of state shall determine the sufficiency of the signatures not later than one hundred five days before the election. [...]
If the petitions or signatures are determined to be insufficient, ten additional days shall be allowed for the filing of additional signatures to such petition. If additional signatures are filed, the secretary of state shall determine the sufficiency of those additional signatures not later than sixty-five days before the election. [...]

Ohio Revised Code, Title XXXV, Chapter 3519
3519.07
(A) The secretary of state shall post each of the following on the web site of the office of the secretary of state:
(1) The full text of each state law or constitutional amendment proposed by initiative petition that has been approved for the ballot;
(2) The certified summary of each state law or constitutional amendment proposed by initiative petition that has been approved for the ballot;
(3) The ballot language of each state law or constitutional amendment proposed by initiative petition;
(4) The arguments or explanations in favor of or against each state law or constitutional amendment proposed by initiative petition that has been approved for the ballot.

Source: Constitution of the State of Ohio (accessed 4 August 2017) and Ohio Revised Code ((accessed 4 August 2017)

Transparency And Finance:

Practice

Archive:
Remarks: