Congressional Redistricting Reform – Federal hearing scheduled March 4, 2019

February 15, 2019

One of the last ‘acts’ that Mike DeWine did as Ohio Attorney General was to file a motion to dismiss the lawsuit that is in front of a three-judge panel in federal court in Cincinnati. DeWine continued his penchant for wasting Ohioans tax dollars. Fortunately, late today the same three-judge panel dismissed DeWine’s request. Thus, the lawsuit will continue as scheduled on March 4. Below are links to important articles about this suit.

9.28.18 – CINCINNATI – A proposed Ohio congressional district map to strip the state of its politically gerrymandered voting districts in time for the 2020 election was offered up to a federal court Friday as part of a pending suit challenging the current map.

Proposed new Ohio congressional district map submitted to federal court.Proposed new Ohio congressional district map submitted to federal court.
(U.S. District Court Southern District of Ohio)

The plaintiffs, including the Ohio League of Women Voters, have argued that Ohio’s congressional map violates the constitutional rights of voters by “entrenching partisan advantage” — the result being 12 predictably Republican districts and four predictably Democratic districts in a state closer to 55-45 politically.

The current map, drawn with Republicans in nearly full control of the process in 2011, makes little geographic sense, and leaves many people without a representative who lives in their area. Some districts meander for 100 miles or more across the state.

Cuyahoga County, for example, has parts of three congressional districts, but none wholly contained within the county. One district, in fact, stretches south to near Canton. One Lorain County district stretches south to Columbus suburbs before extending west almost to Indiana.

Ohio’s current congressional map.

The map proposed in the court filing, shown at the top of this story, appears to make more geographic sense throughout the state.

For instance, the state’s three largest counties — Cuyahoga, Franklin and Hamilton — would all have one wholly contained district. The remaining areas would be shared with other counties.

A three-judge panel in Cincinnati has scheduled a trial for March 4 for the suit, originally filed in May. The judges have allowed numerous Republican lawmakers and voters to intervene in the lawsuit. Named as defendants were elected leaders, including Secretary of State Jon Husted and Gov. John Kasich, two Republicans were outspoken against gerrymandering, although Kasich signed the disputed map into law.

Husted, who is now running for lieutenant governor, questioned the timing. “Why did they wait six years to file a lawsuit challenging the maps? These groups should respect the will of Ohio’s voters who overwhelmingly approved a constitutional amendment earlier this month that established a new, bipartisan process for drawing congressional districts starting in 2021,” he said in a statement released after the suit was filed.

Ohio voters in May approved a change to the Ohio Constitution that will govern how the Ohio map will be drawn in 2022, after the next census. The change includes new limits on how counties could be split and the influence of any one party on the process.

However, advocates involved in the suit hope hope a ruling will lead do a new map before then.

Cleveland.com reporter Eric Heisig contributed to this report.

 

6.26.18 – The ACLU of Ohio, Ohio A. Philip Randolph Institute, League of Women Voters Ohio along with sixteen Ohio voters – one in each of the congressional districts – filed an amended complaint in U.S. District Court in Cincinnati to strike down Ohio’s current congressional map to ensure more balanced districts are established in time for 2020 elections. In addition, new plaintiffs were added to the lawsuit, including the Northeast Ohio Young Black Democrats, the Ohio State University College Democrats, and the Hamilton County Young Democrats.

Every day Ohioans are becoming more actively involved in taking new laws passed by the Republican-controlled Ohio House and Senate to the people for our voice and vote at the ballot, as we saw with the SB5/Issue 2 Referendum that was resoundingly defeated by the people of Ohio in November 2010! Know the petition process BEFORE you sign a petition!

Here is the latest information on this development:

APPROVED STATEWIDE BALLOT ISSUES

CONSTITUTIONAL AMENDMENT – CITIZEN-INITIATED

APPROVED FOR MAY 8, 2018 PRIMARY BALLOT

GENERAL ASSEMBLY INITIATED CONSTITUTIONAL AMENDMENT

Issue 1 – CONGRESSIONAL REDISTRICTING

PENDING STATEWIDE BALLOT ISSUES

CONSTITUTIONAL AMENDMENT – CITIZEN-INITIATED

KIDNEY DIALYSIS

THE NEIGHBORHOOD SAFETY, DRUG TREATMENT, AND REHABILITATION AMENDMENT

THE OHIO COMMUNITY RIGHTS AMENDMENT

THE INITIATIVE AND REFERENDUM AMENDMENT FOR COUNTIES AND TOWNSHIPS

THE OHIO PUPPY MILL PREVENTION AMENDMENT

BIPARTISAN CONGRESSIONAL REDISTRICTING REFORM AMENDMENT

OHIO CANNABIS RIGHTS PROPOSED CONSTITUTIONAL AMENDMENT II

OHIOANS FOR MEDICAL MARIJUANA CONSTITUTIONAL AMENDMENT

ETHICS FIRST PROPOSED CONSTITUTIONAL AMENDMENT

CLEAN ENERGY PROPOSED CONSTITUTIONAL AMENDMENT V

CLEAN ENERGY PROPOSED CONSTITUTIONAL AMENDMENT IV

OHIO FAIR WAGE AMENDMENT

STRENGTHENING TERM LIMITS ON STATE LEGISLATORS

CANNABIS CONTROL AMENDMENT

LEGALIZE MARIJUANA AND HEMP IN OHIO

OHIO CANNABIS RIGHTS PROPOSED CONSTITUTIONAL AMENDMENT

VOTER BILL OF RIGHTS PROPOSED CONSTITUTIONAL AMENDMENT

FREEDOM TO MARRY PROPOSED CONSTITUTIONAL AMENDMENT

BOTTLE BILL FOR OHIO

CLEAN ENERGY PROPOSED CONSTITUTIONAL AMENDMENT

CLEAN ENERGY PROPOSED CONSTITUTIONAL AMENDMENT II

CLEAN ENERGY PROPOSED CONSTITUTIONAL AMENDMENT III

WORKPLACE FREEDOM PROPOSED CONSTITUTIONAL AMENDMENT

OHIO MEDICAL CANNABIS PROPOSED CONSTITUTIONAL AMENDMENT

PERSONHOOD PROPOSED CONSTITUTIONAL AMENDMENT

OHIO ALTERNATIVE MEDICAL TREATMENT PROPOSED CONSTITUTIONAL AMENDMENT

REFERENDUM

INITIATED STATUTE

PETITION PROCESS

INITIAL STEP

Petitioners may begin the initiative process by forming a committee, drafting their initiative and summary, and collecting at least 1,000 signatures of registered voters. (This process is outlined in greater detail in Ohio Revised Code Chapter 3519: INITIATIVE; REFERENDUM; as well as the Secretary of State’s website – Legislation & Ballot Issues.) Once petitioners meet the signature requirement, they must submit all materials to the Attorney General’s Office. The office works on two tracks, simultaneously working with boards of election to get signatures verified and evaluating the submitted summary to determine whether it is a fair and truthful representation of the proposed initiative.

PETITION GATHERING

  • Volunteers or paid petition circulators gather signatures
  • Ohio’s Secretary of State validates signatures – petitions sent to counties where signatures collected for verification
  • May continue to collect additional signatures while validation occurs (HB194 stayed this)

A SIGNATURE ON A PETITION IS CONSIDERED VALID IF

  • the signer is a registered Ohio voter – the person may register to vote or complete a name/address change form and sign a petition at the same time;
  • the signer’s name and address is same as what is on file at the Board of Elections;
  • the signer has signed his/her own name – other information required may be completed by the signature collector; family members cannot sign for other family members (i.e. wives for husbands, parents for of-age children)
  • the signer signs the petition designated for his/her county
  • the date is correct when signature was collected

Here is a brief description of the types of issues campaigns permitted under Ohio law via citizens actions:

1.  Referendum

  • A referendum is a process to stay a law recently enacted by the general assembly and signed into law by the Governor until the law itself can be submitted to the voters for approval or rejection at a general election.  Matters not subject to referendum are (1) laws providing for tax levies, (2) appropriations for the current expenses of the state government and state institutions, and (3) emergency laws necessary for the immediate preservation of the public peace, health or safety. Ohio Constitution Article II, Section 1d.
  • The Governor’s Race Percentage Chart, which outlines the number of signatures needed for statewide ballot issue, has been updated and is now available online here. These numbers are based on turnout in the most recent gubernatorial election – November 2014.
  • Required to collect the valid signatures in at least 44 out of the 88 Ohio counties (3%  of voters who cast ballots for the office of governor in that county in the last Gubernatorial election).  The Governor’s Race Percentage Chart, which outlines the number of signatures needed for statewide ballot issue, has been updated and is now available online here. These numbers are based on turnout in the most recent gubernatorial election – November 2014.
  • For more details:  Ohio Secretary of State’s website:  Putting an Issue on the Ballot

2.  Initiated – Constitutional Amendment

  • If a citizen feels that an issue he or she feels strongly about is not addressed properly (or at all) in the Ohio Constitution, they can follow the procedures outlined in the Ohio Constitution and Revised Code (below) to submit a proposed constitutional amendment to the people of Ohio for a statewide vote.
  • The Governor’s Race Percentage Chart, which outlines the number of signatures needed for statewide ballot issue, has been updated and is now available online here. These numbers are based on turnout in the most recent gubernatorial election – November 2014.
  • Required to collect valid signatures in at least 44 out of the 88 Ohio counties (5% of voters who cast ballots for the office of governor in that county in the last Gubernatorial election).  The Governor’s Race Percentage Chart, which outlines the number of signatures needed for statewide ballot issue, has been updated and is now available online here. These numbers are based on turnout in the most recent gubernatorial election – November 2014.
  • For more details:  Ohio Secretary of State’s website:  Putting an Issue on the Ballot

3.  Initiated Statute

  • If a citizen feels that an issue s/he feels strongly about is not addressed properly (or at all) in the Ohio Revised Code, s/he can follow the procedures outlined in the Ohio Constitution and Revised Code to submit a proposed law (statute) to the people of Ohio for a statewide vote
  • Required to collect valid signatures statewide TWICE if legislature doesn’t act when initial valid signatures are submitted.  The Governor’s Race Percentage Chart, which outlines the number of signatures needed for statewide ballot issue, has been updated and is now available online here. These numbers are based on turnout in the most recent gubernatorial election – November 2014.
  • Required to collect the valid signatures in at least 44 out of the 88 Ohio counties (1.5% of voters who cast ballots for the office of governor in that county in the last Gubernatorial election).  The Governor’s Race Percentage Chart, which outlines the number of signatures needed for statewide ballot issue, has been updated and is now available online here. These numbers are based on turnout in the most recent gubernatorial election – November 2014.
  • For more details:  Ohio Secretary of State’s website:  Putting an Issue on the Ballot

Information above provided in part by ProgressOhio, Brian Rothenberg, Executive Director, and Ohio Secretary of State’s Office website –  Legislation & Ballot Issues

NOTE:
This information is not legal advice and should not be relied upon as a sole source of information.  Persons must comply with all applicable sections of the Ohio Constitution and the Ohio Revised Code.  Persons interested in exercising any of the above citizens options are encouraged to consult legal counsel.

The Ohio Ballot Board

The Ohio Ballot Board prescribes and certifies the ballot language for proposed Constitutional amendments, initiatives, and referenda and oversees efforts to inform voters of proposed ballot issues. The Secretary of State chairs the five member board and the office of the Secretary of State provides professional, technical, and clerical support for the Board.

Several requirements must be met before a proposed statewide issue can be placed on the ballot. Those procedures can be found here. The Ohio Ballot Board’s role in the process is first to determine whether the petition language contains a single issue and secondly, to prescribe the official ballot language and any missing arguments for each statewide issue.

Ohio Ballot Board Members

The Honorable Jon Husted, Chairperson
Ohio Secretary of State
180 East Broad Street, 16th Floor
Columbus, Ohio 43215

The Honorable Jay Hottinger
Ohio Senate
1 Capitol Square, Ground Floor
Columbus, Ohio 43215
Ballot Board Term ends February 1, 2021

The Honorable Kathleen Clyde
77 S. High St., 10th Floor
Columbus, Ohio 43215
Ballot Board Term ends February 1, 2021

William N. Morgan
8740 Stoutsville Pike
Stoutsville, Ohio 43154
Ballot Board Term ends February 1, 2021

The Honorable Michael J. Skindell
Ohio Senate
1 Capitol Square, Ground Floor
Columbus, Ohio 43215
Ballot Board Term ends February 4, 2019

Term ending dates listed above reflect the end of the four-year Ballot Board term as prescribed by Ohio Revised Code §3505.061(B)(1)(opens in a new window).  However, please note that the term of a Ballot Board member who is also a member of the Ohio General Assembly is the earlier of the following dates:  (a) The ending date of the ballot board term for which the member was appointed; or (b) The ending date of the member’s term as a member of the general assembly.  Ohio Revised Code §3505.061(B)(2)(opens in a new window).