By Gongwer Staff
Posted: March 27, 2023 9:14 AM

Senators are now wading into the fray with a resolution of their own making it harder to amend the Ohio Constitution and a companion bill authorizing an August election to vote on that measure.

The resolution (SJR 2) from Sen. Theresa Gavarone (R-Bowling Green) and Sen. Rob McColley (R-Napoleon) mirrors its House counterpart (HJR 1) by raising the voter approval threshold for constitutional amendments from a simple majority to 60% among other changes.

The pair also introduced a companion bill (SB 92) authorizing an Aug. 8 election for the question to head to voters even as the Statehouse's top two Republicans remain at loggerheads over the prospect of a special election held solely to vote on the constitutional plan.

Senate President Matt Huffman (R-Lima) reiterated his desire for an August election, downplaying the expected $20 million price tag given the looming ballot issue abortion rights groups are eyeing for the November election. (See Gongwer Ohio Report, March 13, 2023)

"If we save 30,000 lives as a result of spending $20 million, I think that's a great thing," Sen. Huffman said.

He said anticipates passage of the Senate proposals by mid- to late-April, giving the House time to consider them before the May 10 deadline to make an Aug. 8 election.

But House Speaker Jason Stephens (R-Kitts Hill), reiterating comments to Gongwer from a day earlier, voiced opposition to that prospect. (See Gongwer Ohio Report, March 22, 2023)

"We just voted not to have those anymore just a few months ago and the county election officials I've talked to are not interest in having it," the speaker said after session, referencing a law enacted in January (HB458, 134th General Assembly) nixing most August elections.

"I'm frankly not interested in having an election in August," the speaker continued. "It's a cost to the taxpayers."

Asked if he would block any bill to establish such an election, the speaker replied: "Well, I certainly wouldn't be for it."

Senate Minority Leader Nickie Antonio (D-Lakewood) said in an interview the Senate proposal "doesn't feel like it's playing by the rules."

"I find it ironic that this is a caucus that said special elections are expensive and unnecessary and they should only be done in the most dire of circumstances," Sen. Antonio said. "I don't think suppressing the people's vote is a dire circumstance to call for a special election."

Although critics have argued the move would be precedent setting, Sen. Huffman disagreed, arguing: "We have throughout the history of the state of Ohio created a lot of special dates for elections."

To reach the ballot, SJR2 or HJR1 must advance from both chambers by a 60% margin at least 90 days before the election.

But an Aug. 8 election requires separate legislative action given provisions of HB458, which eliminated special August elections for all but those pertaining to political subdivisions or school districts in a state of fiscal emergency.

Supporters, including Secretary of State Frank LaRose, at the time argued August elections were too costly and posed administrative headaches for elections officials who must train more poll workers, boost staffing and engage in equipment testing.

Mr. LaRose, who worked with House sponsor Rep. Brian Stewart (R-Ashville) to urge passage of the constitutional change, at the time said off-cycle August elections "aren't good for taxpayers, election officials or the civic health of our state."

Asked Thursday for the secretary's stance on an August election in this case, LaRose spokesman Rob Nichols demurred, saying: "The General Assembly sets the time, place and manner for Ohio elections, and right now the issue is in their hands."

SB92, which does not contain an emergency clause, would authorize elections on the first Tuesday after the first Monday of August for a statewide ballot issue to consider legislatively-initiated constitutional amendments.

Such elections would also be permitted for political subdivisions or taxing authorities under fiscal emergency and to fill congressional seats such as in the circumstances of a death or disqualification.

Sen. Gavarone argued an August election is appropriate for such an important issue.

"It's an important issue and it's certainly one to fight for," she said in an interview. "It'll go through the committee process and have hearings and there will certainly be an opportunity for public input."

But the prospect of that maneuver has only further fueled critics who have rallied against the plan and who are now accusing supporters of hypocrisy.

"They said school districts, they said local levies couldn't go to special elections because they didn't want a small minority of voters making decisions," House Minority Leader Allison Russo (D-Upper Arlington) said of HB458. "And yet they're very willing to do this when it's in their interest and they want to silence voters."

Ohio Republican Party Chairman Alex Triantafilou weighed in later Thursday with a social media post backing the higher threshold.

"The U.S. Constitution is a sacred document that has not been amended in 30 years. In Ohio, special interests have free reign to use the Ohio Constitution to bypass Ohio's elected lawmakers on a whim," he wrote. "Increasing the threshold to 60 percent for ballot initiatives makes sense and upholds the principles our country is founded on."