Buckeye Reporter

Ohio State Rep. Ron Ferguson (R-Wintersville) said a measure to reform the state’s constitution has the votes to pass, and it just needs to be “brought to the floor.”

“We have 60 votes in the House. I’ve seen it with my own eyes.” tweeted Ferguson. “Just need it brought to the floor.”

The measure to which Ferguson is referring is House Joint Resolution 1, which would require petition-based statewide constitutional amendments to pass with 60 percent of the vote, not simple majorities. In order to make the August ballot, the measure, known as the Ohio Constitution Protection amendment, needs to pass through the Ohio House of Representatives by May 10th. 

Ohio House Speaker Jason Stephens (R-Kitts Hill) has so far refused to call the measure for a floor vote, despite the Ohio Republican Party Central Committee officially endorsing the measure at its May 5 meeting.

The Buckeye Reporter previously reported that "a roster of left-leaning advocacy groups" oppose the bill, including Black Lives Matter Cleveland, Black Lives Matter Dayton, Pro-Choice Ohio, Black Out and Proud, the Cleveland Bi+ Network, Columbus New Liberals, Democrat Socialists of America-Cleveland, Ensuring Parole for Incarcerated Citizens, New Voices for Reproductive Justice and the Ohio Federation of Teachers.

Stephens' district is in Lawrence County, on the state's southern border. The Ohio Capital Journal reported that Stephens was not the Ohio House Republican Caucus' first choice for speaker, as they voted to endorse Rep. Derek Merrin for the position. Stephens was able to secure the speakership with the support of all 32 House Democrats.

"Our Constitution has been hijacked by special interests and legislators have an opportunity – and duty – to stop it by voting to put the Constitution Protection Amendment on the August ballot." said Joel Riter, an advisor to the Save Our Constitution PAC, which supports the measure. 

"Save Our Constitution PAC will be scoring this vote and we will ensure that Ohio voters in 2024 are informed about legislators who say yes to this important amendment to protect our Constitution. And those who oppose it or prevent it from being brought to a vote will be held accountable by voters in March 2024."

Riter told the the Buckeye Reporter that support, or opposition, to the bill will be a key factor in the PAC's involvement in upcoming state legislative races. One such race, he said, is a potential Ohio Senate primary between Rep. Jay Edwards (R-Nelsonville) and Ferguson, whose districts both fall within Senate District 30. Riter said their position on House Joint Resolution 1 could play a key part in the race, adding that Ferguson has been a "strong supporter" of the measure.

News5 Cleveland reported that Ohio Right to Life circulated a petition to all GOP lawmakers asking them to sign to indicate that they wanted to see the resolution brought to the floor. All but six signed or responded positively to the petition. Neither Edwards nor Speaker Stephens signed the petition. 

Cleveland.com reports that 51 House Republicans have said they support the measure, with eight additional Republican having communicated that support to Stephens. That report said the six Republicans not indicating support are Stephens, Edwards, House Speaker Pro Tempore Scott Oelslager (R-North Canton), Brett Hillyer (R-Tuscarawas County), Gayle Manning (R-North Ridgeville), and Tom Patton (R-Strongsville). 

All 32 House Democrats oppose the resolution.

Ohio Secretary of State Frank La Rose (R-Akron) backs the reform. He says that in the current system, it is too easy for well-funded "special interests" to win low-turnout, off-year elections, end-running the legislature.

"Because of the ease of amending Ohio’s founding document, the Ohio Constitution has become a tool used by special interests to permanently change our form of government to their liking," he said. "In just the past three petition-based amendment campaigns, special interests have spent more than $50 million on media advertising, political consultants, and more to support their passage"

“If you have a good idea and feel it deserves to be within the framework of our government, it should require the same standard for passage that we see in both our United States Constitution and here in our own state legislature," La Rose said. "Requiring a broad consensus majority of at least 60% for passing a petition-based constitutional amendment provides a good-government solution to promote compromise.”

Stephens said he is “not for changing the rules willy-nilly at a whim when it comes to changing our constitution.”

Since 2000, there have been 16 petition-based constitutional amendments proposed in Ohio; five have passed and eleven have failed. 

Illinois, Massachusetts, Oregon, Washington, Florida, Mississippi, Nebraska and Wyoming all currently require supermajority votes to pass constitutional amendments.

Last year, there were six abortion-related statewide ballot measures across the U.S., the most in history, according to Ballotpedia.com.

In 2022, California approved a state constitutional right to "reproductive freedom," requiring state taxpayers to guarantee funding of abortions and contraceptives for all state residents.