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INITIATIVE & REFERENDUM

INITIATIVE

An initiative is the right the Ohio Constitution reserves for Ohioans to PROPOSE LEGISLATION OR AMENDMENTS TO THE STATE CONSTITUTION.

1. Constitutional Amendments may be initiated directly by the people, bypassing the legislature.

Procedure - A summary of the proposed amendment must be certified by the attorney general. The full text of the amendment and the summary are then filed with the secretary of state. The citizens who initiated the amendment must circulate petitions to collect enough signatures to equal ten percent of the electors voting for governor in the last gubernatorial election. Signatures must come from at least half of Ohio's 88 counties and represent five percent of the total vote cast for governor in that county in the last gubernatorial election. Signatures must be received by the secretary of state no later than 90 days prior to the general election, so that the secretary of state, with the assistance of the local boards of elections, can verify the validity of the signatures. The ballot wording, prepared by the Ohio Ballot Board, along with arguments for the amendment prepared by the initiating committee and arguments against it by persons named by the legislature, is published once a week for three weeks in a newspaper or general circulation in each county. If a majority of the voters approve the amendment it becomes part of the constitution.

2. Laws are initiated indirectly by the people since the petition must be submitted to the legislature first.

Procedure - Signatures of three percent of the electors voting in the last gubernatorial election are required to introduce the proposed law in the legislature. If the legislature does not pass the law in four months, or if an amended version is passed, the petitioners have 90 days to collect signatures of an additional three percent of the electors and place it on the ballot. Signatures must be obtained from half of the 88 counties. The law is voted on at the next general election 90 days after the petition is filed and becomes effective if approved by the voters. It is not subject to the governor's veto.

REFERENDUM

A referendum is the right the Ohio Constitution reserves for Ohioans to vote to ADOPT OR REJECT LAWS PASSED BY THE LEGISLATURE.

Procedure - A referendum on a law already passed by the legislature may be requested by petition within 90 days after the law has been filed with the secretary of state. It may not be requested on an emergency law, tax levy or appropriations for current expenses. Signatures of six percent of the electors voting in the last gubernatorial election are required on the petition and must be obtained in at least 44 of the 88 counties. The law is submitted to the voters at the next general election 60 days after the petition if filed and cannot become effective unless approved by a majority of the voters.

Know Your Ohio Government, 8th Edition 1999, LWVO Education Fund, pp. 118-119

August 2004


League of Women Voters of the Cincinnati Area
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