Washington — On Tuesday, Ohio voters headed to the polls for a highly anticipated special election to decide the fate of Issue 1, a question that could have significant implications for the future of abortion rights in the state. The proposition under consideration is whether to increase the threshold needed to amend the Ohio Constitution through a ballot initiative. Currently, a simple majority is required, but if Issue 1 is approved, constitutional amendments would require the support of 60% of voters, making it more challenging to amend the state constitution.
The decision to raise the threshold came after Ohio’s GOP-led General Assembly passed a joint resolution in May, putting the issue before voters. However, this effort coincided with a separate campaign by abortion rights advocates to directly address reproductive rights in November’s ballot. As a result, both measures have generated significant interest from voters and stakeholders across the country. Ohio is the only state where abortion access is on the ballot this year.
Early voter turnout for the special election has been high, with nearly 700,000 people casting their votes either by mail or in-person during the early voting period. This represents a notable increase compared to the 288,700 people who voted early in May’s primary election. Here’s what you need to know about Issue 1, the focal point of Ohio’s special election.
What is Issue 1 in Ohio?
State Issue 1 is a proposed constitutional amendment that aims to raise the bar for passing and placing a citizen-initiated constitutional amendment on the ballot. According to the joint resolution proposed by Ohio’s legislature, any proposed constitutional amendment would require approval from at least 60% of voters. Additionally, the amendment would mandate that any initiative petition filed after January 1 be signed by at least 5% of voters in each of Ohio’s 88 counties. If the plan receives a majority “yes” vote, the raised supermajority threshold will be immediately effective.
Advocates in favor of Issue 1 argue that voting “yes” will protect the Ohio Constitution from out-of-state interests and ensure that constitutional changes are widely accepted. They contend that allowing special interests to enshrine their views in the state constitution undermines the document’s sanctity and that Ohio should adopt a more commonsense approach.
Opponents of Issue 1, on the other hand, argue that the amendment would undermine citizen-driven ballot initiatives and encroach upon their right to participate in decisions that directly affect their lives. They maintain that the amendment would curtail freedom by eroding the principle of majority rule and granting more power to special interests and corrupt politicians.
What do the polls say about Issue 1?
Several recent polls have gauged public support for Issue 1, and the results indicate that less than half of Ohioans back the effort to increase the threshold for changing the state constitution. A Scripps News/YouGov poll conducted in June found that only 38% of Ohio adults were in favor of the proposal. An Ohio Northern University poll from mid-July showed that 42.4% of registered voters supported the plan. A USA Today Network/Suffolk University poll released last month revealed that only 26.2% of likely voters support Issue 1.
How did Issue 1 make it onto the ballot?
The campaign to increase the threshold for constitutional amendments gained traction in Ohio’s Republican-led General Assembly earlier this year. The state’s constitution grants the legislature the authority to propose amendments, which then require approval from three-fifths of each house. The proposals are subsequently put before voters for their approval or rejection.
Although the measures easily passed both the GOP-controlled state House and Senate, they faced opposition from protesters at the statehouse. Demonstrators voiced their concerns about the attempt to eliminate the simple-majority threshold that has been in place since 1912.
Who is backing the effort to change the threshold for constitutional amendments?
A recent CBS News investigation revealed that the effort to increase the difficulty of changing the Ohio constitution is part of a broader campaign supported by Richard Uihlein, a shipping supplies magnate and GOP megadonor. Uihlein donated $1.1 million in April to a political committee that lobbied Ohio lawmakers to pass the resolution raising the supermajority requirement. He also contributed $4 million to Protect Our Constitution, the primary group supporting Issue 1. In contrast, the main organization opposing Issue 1, One Person, One Vote, raised $14.8 million, with $2.5 million coming from the Sixteen Thirty Fund, a progressive group based in Washington, D.C.
How does Issue 1 impact the Ohio abortion amendment?
Abortion rights advocates have achieved success in all six states where the issue was on the ballot in 2022 following the Supreme Court’s decision to overturn Roe v. Wade. Three states approved measures protecting abortion rights, while three proposals restricting access were defeated. Ohio has become the next battleground in the fight to enshrine reproductive rights in state constitutions.
The proposed amendment, titled “The Right to Reproductive Freedom with Protections for Health and Safety,” qualified for the November general election ballot in July. Ohioans for Reproductive Freedom submitted nearly 496,000 valid signatures, surpassing the required threshold of approximately 413,000.
If passed, the amendment would grant individuals the right to make their own reproductive decisions, including those related to contraception and abortion. It would also prohibit the state from interfering with this right. However, the state would retain the ability to prohibit abortions after fetal viability, defined as the point when the fetus could reasonably survive outside the uterus with adequate measures. Currently, the abortion rights ballot measure only requires a simple majority to pass, but if Issue 1 is approved, it will be subject to the new 60% standard.
A July poll conducted by the USA Today Network/Suffolk University indicated that 58% of likely voters in Ohio support the proposed abortion rights amendment. While this is significant support, it falls short of the supermajority threshold sought in Issue 1.
Caitlin Huey-Burns and Michael Kaplan contributed to this report.
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