Ohio, USA, regional Popular or citizens initiative [PCI] - Supplementary petition

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Ohio, USA
Political level
regional
Local Name:
Supplementary petition
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Ohio Constitution, Article II
Section 1b
[...] 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. The proposed law shall be submitted at the next regular or general election occurring subsequent to one hundred twenty-five days after the supplementary petition is filed in the form demanded by such supplementary petition [...]. If a proposed law so submitted is approved by a majority of the electors voting thereon, it shall be the law and shall go into effect as herein provided in lieu of any amended form of said law which may have been passed by the general assembly, and such amended law passed by the general assembly shall not go into effect until and unless the law proposed by supplementary petition shall have been rejected by the electors. [...] Any proposed law or amendment to the constitution submitted to the electors as provided in 1a and 1b, if approved by a majority of the electors voting thereon, shall take effect thirty days after the election at which it was approved and shall be published by the secretary of state. If conflicting proposed laws [...] shall be approved at the same election by a majority of the total number of votes cast for and against the same, the one receiving the highest number of affirmative votes shall be the law [...]. No law proposed by initiative petition and approved by the electors shall be subject to the veto of the governor.

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 initiated by the people and rejected by the legislature to popular vote

Actors

Author:
Citizen : For the instrument concerning the first part of this initiative process, see Ohio PAX: Initiative (statute)
Initiator:
Electorate : 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. 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:
Electorate : The initiative must be passed by a majority of those voting on the question (Ohio Constitution, Article II, Section 1b).

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:
90 days
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
The initiative must be passed by a majority of those voting on the question (North Dakota 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:
Other Formal Requirements:

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

Ohio Constitution, Article II
Section 1b
[...] All such initiative petitions, last above described, shall have printed across the top thereof, in case of proposed laws: "Law Proposed by Initiative Petition First to be Submitted to the General Assembly." [...]

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)

Wording Of Ballot Question:

Ohio Constitution
Article II
Section 1b
[...] The proposed law shall be submitted at the next regular or general election occurring subsequent to one hundred twenty-five days after the supplementary petition is filed in the form demanded by such supplementary petition, which form shall be either as first petitioned for or with any amendment or amendments which may have been incorporated therein by either branch or by both branches, of the general assembly. [...]

Section 1g
[...] The secretary of state shall cause to be placed upon the ballots, the ballot language for any such law, or proposed law, or proposed amendment to the constitution, to be submitted. The ballot language shall be prescribed by the Ohio ballot board in the same manner, and subject to the same terms and conditions, as apply to issues submitted by the general assembly pursuant to Section 1 of Article XVI of this constitution. [...]

Article XVI, Section 1
[...] The ballot language for such proposed amendments shall be prescribed by a majority of the Ohio ballot board, consisting of the secretary of state and four other members, who shall be designated in a manner prescribed by law and not more than two of whom shall be members of the same political party. The ballot language shall properly identify the substance of the proposal to be voted upon. The ballot need not contain the full text nor a condensed text of the proposal. The board shall also prepare an explanation of the proposal, which may include its purpose and effects, and shall certify the ballot language and the explanation to the secretary of state not later than seventy-five days before the election. The ballot language and the explanation shall be available for public inspection in the office of the secretary of state. [...]

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

Interaction With Authorities:

Ohio Revised Code, Title XXXV, Chapter 3519
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 persons who prepare the argument or explanation, or both, for any proposed law or proposed amendment to the constitution may be named in the petition proposing the same. The person or persons who prepare the argument or explanation, or both,[...] against any proposed law submitted by supplementary 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 (current to 2011) and Ohio Revised Code (accessed 4 August 2017)

Transparency And Finance:

Practice

Archive:
Remarks: