State Referendum Procedures-Ohio

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Procedure for a Statewide Referendum

What is a referendum?

Simply put, a referendum is a challenge to a bill recently passed by the OhioGeneral Assembly and signed into law by the Governor. Any citizen who disagrees

with the newly-created law, can follow procedures outlined in the Ohio

Constitution and Ohio Revised Code to put the question of whether the new law

should go into effect to a statewide vote.

Matters not subject to a referendum are: (1) emergency laws necessary for the

immediate preservation of public peace, health or safety, (2) tax levies, and (3)

appropriations for current expenses for state government and state institutions.

These laws go into effect immediately. Ohio Const. Art II, sec. 1d, 1e.

Please note: This procedural outline is not legal advice and should not be relied upon

as the sole source of information. Petitioners must comply with all applicable sections

of the Ohio Constitution and the Ohio Revised Code.

Petitioners are encouraged to consult legal counsel.

Requirement Action Authority

Create Petitioners

Committee

Petitioners must designate a committee of three tofive individuals to represent them in all mattersrelating to the petition.

Ohio RevisedCode Section:3519.02

File Initial Petitionwith Ohio Attorney

General and

Secretary of State

An initial written petition, signed by 1,000Ohio registered voters, must be submitted tothe Secretary of State with the full text andsummary of the law or section of the law tobe referred.

1.

Within ten (10) days of receiving thepetition, the Secretary of State shall verifythe number of valid signatures and comparethe full text of the law or section of the lawwith the law on file with her office. If thepetition text is correct, the Secretary of Stateshall certify.

2.

On the same day or within one business day3.

OhioConstitution:Article II,

Section 1cOhio RevisedCode Sections:3501.05;3519.01;3519.05;

http://www.sos.state.oh.us/SOS/elections/issues/StateReferend

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before or after the petitions is filed with theSecretary of State, a copy of the petitionwith the full text and summary of the law orsection of the law must be filed with theAttorney General.Within ten (10) days of receiving the

petition, the Attorney General will certify if he or she believes the summary to be a fair

and truthful statement of the law or sectionof law to be referred. If the AttorneyGeneral certifies the summary, petitionerscan move on to the next step. If theAttorney General does not certify thesummary, petitioners may start this processover.

4.

Create Petitions &Gather Signatures

In order to begin gathering signatures, thepetitioners must create a petition. It may bemade up of part-petitions, but all separatepart-petitions shall be submitted at one timeas one instrument.

1.

Each part-petition shall have the following

heading: “To be submitted to the electors for

their approval or rejection.” This headingmust be followed by a copy of the title andfull text of the law or section of law to bereferred.

2.

If any individuals gathering the signatureswill be paid, each individual must fill out andfile Form 15 with the Secretary of State

prior to circulating any petitions.

3.

OhioConstitution:Article II,Section 1gOhio Revised

Code Sections:3501.38;3501.381;3501.382;3503.06;3519.05;3519.01

Signature

Requirements

The total number of signatures on thepetitions must equal at least six percent (6%)of the total vote cast for the office of governor at the last gubernatorial election.The Secretary of State may not accept anypetition for filing which does not appear tocontain the minimum number of requiredsignatures.

1. OhioConstitution:Article II,Section 1c;Article II,Section 1gOhio RevisedCode Section:


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The signatures must have been obtainedfrom at least 44 of the 88 counties in Ohio.From each of these 44 counties, there mustbe signatures equal to at least three percent(3%) of the total vote cast for the office of governor in that county at the last

gubernatorial election.

2.

Each petition-signer must be a qualifiedelector of the state of Ohio and each petitionmust contain signatures of electors fromonly one county. If a petition containssignatures from electors in more than onecounty, the Secretary of State will determinewhich county has the majority of signaturesand only the signatures from that county will

be counted.

3.3519.14;3519.10

Filing Deadlineand Filing Fee

The petitions must be filed with theSecretary of State within ninety (90) daysafter the law or section of law to be referredhas been filed with the Secretary of State bythe Governor.

1.

Any referendum petition filed after 125 days

before the next election will be placed on theballot at the regular or general election thatoccurs over a year later.

2.

A twenty-five dollar ($25) filing fee must bepaid at the time of filing.

3.

Petitions may not be withdrawn once theyare filed with the Secretary of State.

4.

OhioConstitution:Article II,Section 1c;

Article II,Section 1gOhio RevisedCode Sections:3513.10;3501.05

Ohio General

Assembly

If the petition is found to be valid, the law

or section of law will not go into effect untiland unless it is approved by a majority of thevoters at the first regular or general electionwhich occurs at least 125 days after thepetition is filed.

1.

OhioConstitution:Article II,Section 1c;Article II,Section 1g

Signature

Verification and

The Secretary of State shall determine thesufficiency of the signatures not later than

1. OhioConstitution:


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Supplemental

Petition

one hundred five (105) days before theelection.If the signatures are determined to beinsufficient, ten additional days shall beallowed for the filing of additional signaturesto such petition.

2.

If additional signatures are filed, theSecretary of State shall determine thesufficiency of those additional signatures notlater than sixty-five (65) days before theelection.

3.

Article II,

Section 1g

Signature or

Petition

Challenges

The Ohio Supreme Court has original,exclusive jurisdiction over any and allchallenges made to petitions or individualsignatures.

1.

Any challenge to original petitions orsignatures must be filed not later thanninety-five (95) days before the election.The Supreme Court will rule on thesechallenges not later than eighty-five (85)days before the election. If the court doesnot rule prior to the 85th day before the

election, the original signatures will bedeemed sufficient.

2.

Any challenge to additional or supplemental

signatures must be filed not later thanfifty-five (55) days before the election. TheSupreme Court will rule on any challengesnot later than forty-five (45) days before theelection. If the court does not rule prior tothe 45th day before the election, those

additional signatures will be deemedsufficient and referendum will then go to theOhio Ballot Board who will meet todetermine the ballot language and argumentsfor or against the referendum.

3.

If the court determines that the petitionersdo not have enough signatures the petition,the referendum will not move forward and

4.

OhioConstitution:Article II,Section 1g


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will not be placed on the ballot.

Ballot Arguments

The committee named on the petition mayprepare and file an argument and/orexplanation in favor of the proposedreferendum not later than the eightieth (80)

day before the election.

1.

If the committee fails to prepare or timelyfile the argument and/or explanation, theSecretary of State shall notify the OhioBallot Board. The Ohio Ballot Board shallprepare or designate a group to prepare theargument and/or explanation. The argumentand/or explanation must be filed with theSecretary of State not later than seventy-five(75) days before the election.

2.

The argument and/or explanation in favor of the law or section of law being referred isprepared by persons named by the GeneralAssembly, if in session, or if not in session,by the Governor. The argument and/orexplanation must be filed with the Secretaryof State not later than eighty (80) days

before the election.

3.

The argument and/or explanation may notexceed 300 words. Once ballot language isdetermined, it is advertised statewide andvoted on my all eligible Ohio voters.

4.

OhioConstitution:Article II,Section 1g;Article XVI,Section 1Ohio RevisedCode Section:3519.03

Effective Date

The General Assembly’s law does not go intoeffect until it has been submitted to and passed bythe voters. Therefore, if a majority of voters

approves the law, it will go into effect on theregular or general election day.

OhioConstitution:

Article II,Section 1c


Documents

State Referendum Procedures-Ohio