Ohio, USA, regional Popular or citizen-initiated referendum [PCR] - Referendum

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
Location
Ohio, USA
Political level
regional
Local Name:
Referendum
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 [...] adopt or reject any law, section of any law or any item in any law appropriating money passed by the general assembly, except as hereinafter provided [...]

Section 1c
The second aforestated power reserved by the people is designated the referendum, and the signatures of six per centum of the electors shall be required upon a petition to order the submission to the electors of the state for their approval or rejection, of any law, section of any law or any item in any law appropriating money passed by the general assembly. No law passed by the general assembly shall go into effect until ninety days after it shall have been filed by the governor in the office of the secretary of state, except as herein provided. When a petition, signed by six per centum of the electors of the state and verified as herein provided, shall have been filed with the secretary of state within ninety days after any law shall have been filed by the governor in the office of the secretary of state, ordering that such law, section of such law or any item in such law appropriating money be submitted to the electors of the state for their approval or rejection, the secretary of state shall submit to the electors of the state for their approval or rejection such law, section or item, in the manner herein provided, at the next succeeding regular or general election in any year occurring subsequent to one hundred twenty-five days after the filing of such petition, and no such law, section or item shall go into effect until and unless approved by a majority of those voting upon the same. If, however, a referendum petition is filed against any such section or item, the remainder of the law shall not thereby be prevented or delayed from going into effect.

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:

Repealing laws via popular referendum

Actors

Author:
Citizen
Initiator:
Electorate : The petition must be signed by 6% of the number of votes cast for governor at the last gubernatorial election including 3% 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 1c & 1g).
Decision maker:
Electorate : The referendum must be passed by a majority of those voting on the question (Ohio Constitution, Article II, Section 1c).

Requirements

Number Of Signatures:
The petition must be signed by 6% of the number of votes cast for governor at the last gubernatorial election with 3% in each of 1/2 of the counties (Ohio Constitution, Article II, Sections 1c & 1g).
Available Time:
90 days
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
The referendum must be passed by a majority of those voting on the question (Ohio Constitution, Article II, Section 1c).
Geographical Quorum:
No geographical quorum to pass. The petition must be signed by 3% 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 1c & 1g).
Excluded Issues:

Ohio Constitution, Article II
Section 1d
Laws providing for tax levies, appropriations for the current expenses of the state government and state institutions, and emergency laws necessary for the immediate preservation of the public peace, health or safety, shall go into immediate effect. Such emergency laws upon a yea and nay vote must receive the vote of two-thirds of all the members elected to each branch of the general assembly, and the reasons for such necessity shall be set forth in one section of the law, which section shall be passed only upon a yea and nay vote, upon a separate roll call thereon. The laws mentioned in this section shall not be subject to the referendum.

§ 01e Powers; limitation of use

(A) 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.

(B)(1) Restraint of trade or commerce being injurious to this state and its citizens, the power of the initiative shall not be used to pass an amendment to this constitution that would grant or create a monopoly, oligopoly, or cartel, specify or determine a tax rate, or confer a commercial interest, commercial right, or commercial license to any person, nonpublic entity, or group of persons or nonpublic entities, or any combination thereof, however organized, that is not then available to other similarly situated persons or nonpublic entities.

(2) If a constitutional amendment proposed by initiative petition is certified to appear on the ballot and, in the opinion of the Ohio ballot board, the amendment would conflict with division (B)(l) of this section, the board shall prescribe two separate questions to appear on the ballot, as follows:

(a) The first question shall be as follows:

"Shall the petitioner, in violation of division (B)(l) of Section le of Article II of the Ohio Constitution, be authorized to initiate a constitutional amendment that grants or creates a monopoly, oligopoly, or cartel, specifies or determines a tax rate, or confers a commercial interest, commercial right, or commercial license that is not available to other similarly situated persons?"

(b) The second question shall describe the proposed constitutional amendment.

(c) If both questions are approved or affirmed by a majority of the electors voting on them, then the constitutional amendment shall take effect. If only one question is approved or affirmed by a majority of the electors voting on it, then the constitutional amendment shall not take effect.

(3) If, at the general election held on November 3, 2015, the electors approve a proposed constitutional amendment that conflicts with division (B)(l) of this section with regard to the creation of a monopoly, oligopoly, or cartel for the sale, distribution, or other use of any federal Schedule I controlled substance, then notwithstanding any severability provision to the contrary, that entire proposed constitutional amendment shall not take effect. If, at any subsequent election, the electors approve a proposed constitutional amendment that was proposed by an initiative petition, that conflicts with division (B)(l) of this section, and that was not subject to the procedure described in division (B)(2) of this section, then notwithstanding any severability provision to the contrary, that entire proposed constitutional amendment shall not take effect.

(C) The supreme court of Ohio shall have original, exclusive jurisdiction in any action that relates to this section.

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

Other Formal Requirements:

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.

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

Wording Of Ballot Question:
Interaction With Authorities:

Ohio Revised Code, Title XXXV, Chapter 3519
3519.01
[...]
(B) (1) Whoever seeks to file a referendum petition against any law, section, or item in any law shall, by a written petition signed by one thousand qualified electors, submit the measure to be referred and a summary of it to the secretary of state and, on the same day or within one business day before or after that day, submit a copy of the petition, measure, and summary to the attorney general.
[...]

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.

Source: Ohio Revised Code (accessed 4 August 2017)

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. [...] A true copy of all laws or proposed laws or proposed amendments to the constitution, together with an argument or explanation, or both, for, and also an argument or explanation, or both, against the same, shall be prepared. The person or persons who prepare the argument or explanation, or both, against any law, section, or item, submitted to the electors by referendum petition, may be named in such petition [...]. The person or persons who prepare the argument or explanation, or both, for the law, section, or item, submitted to the electors by referendum petition [...] shall be named by the general assembly, if in session, and if not in session then by the governor. The law, or proposed law, or proposed amendment to the constitution, together with the arguments and explanations, not exceeding a total of three hundred words for each, and also the arguments and explanations, not exceeding a total of three hundred words against each, shall be published once a week for three consecutive weeks preceding the election, in at least one newspaper of general circulation in each county of the state, where a newspaper is published. [...]

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: