DispatchesJP Leskovich went to high school in Ohio and returned to the state in the run-up to Tuesday’s vote. He is a 2L at the University of Pittsburgh School of Law, and JURIST’s US Bureau Chief.
Ohio voters on Tuesday strongly rejected a proposed constitutional amendment that would have limited direct democracy in the state by making it harder to put issues on the ballot and raising the threshold to amend the state constitution. With over 90% of the votes counted late Tuesday evening, “No” was leading with nearly 57% of the vote. The vote had major implications for abortion rights, with a November amendment on the ballot to enshrine reproductive freedom. “No”‘s victory means abortion advocates won’t have to clear extra hurdles in November.
“Voters saw Issue 1 for what it was: a deceptive power grab designed to silence their voices and diminish their voting power,” the coalition that led the “No” campaign said in a Facebook post. “We defeated Issue 1 because an enormous coalition that spanned traditional ideological divides came together to defend democracy.”
The proposed amendment, dubbed Issue 1, was put on the ballot by lawmakers in the Republican-controlled state legislature. It would have raised the threshold to amend the constitution from a simple majority (50% + 1) to 60%. It also would have raised the number of signatures required to get a measure on the ballot and required signatures from all 88 counties. Experts interviewed by local media said Issue 1 would have created one of the most difficult ballot amendment processes to use in the country. Proponents of Issue 1 said these changes were necessary to protect the state constitution from “special interests” and encourage consensus around major issues.
Opponents saw Issue 1 as an existential threat to democracy in Ohio, with “One Person, One Vote” serving as the main rallying call. They felt that raising the threshold to amend the constitution and making it so difficult to get to the ballot in the first place would insulate people entrenched in power from a majority of voters and lock out the possibility of political change. Although some voters felt that framing was exaggerated, this message energized voters across the state, from urban areas to the suburbs to rural communities. The energy was palpable, with ads bombarding voters, discussions of the issue fresh in the air, and signs dotting the rolling hills. More than 600,000 people voted early, which was twice the number who voted early in the May 2022 primary and four times the number of voters who voted early in last year’s August election. Franklin County, home of the state’s capital and largest city Columbus, saw hours-long lines for voting; only one early voting location is allowed per county, be it a county like Franklin with over 1,000,000 people or a county like Vinton County with only around 13,000 people.
On election day, voters were excited and poll workers were busy. One person in Delaware County, a suburban county north of Columbus that gave “No” 58% of its vote, said poll workers there were surprised by how many people showed up to vote. She used the occasion to teach her daughter about the importance of democracy and started a conversation with her about abortion rights.
Among young people, voter enthusiasm was sky-high. Kelsey Krumm, a graduate student who voted “No” in Columbus, described a level of engagement she had never seen before:
Everyone I’ve talked to is talking about it, everyone is getting other people to talk about it, everyone is very firm in getting out to to vote and getting others to vote in a way I haven’t seen except maybe in a presidential election. I think this is the first time that a lot of the people I know are voting, or voting outside the general election. This feels like a turning point or an inflection point. I don’t know, it feels like it’s making people care in a way I haven’t seen before…The people that I’m usually reminding to vote are reminding me to vote
Issue 1 also sparked particular controversy due to its timing. Lawmakers last year outlawed August special elections due to their typical low turnout, but turned around to place Issue 1 on the ballot in August. Opponents sued, but the state Supreme Court, which is majority Republican but had a split decision, allowed the August special election to continue. With a looming state abortion rights referendum in November, it seemed that conservative legislators were trying to get around voters, who support abortion rights by more than 50% but less than 60% according to most polls. People who may have been sympathetic to the idea of a higher threshold as a way to encourage consensus said they were likely going to vote no because they knew it was about abortion and other popular issues, like raising the minimum wage and redistricting in one of the most gerrymandered states in the country. They also said that people don’t like the idea of power being taken away from them.
Even in traditionally conservative area like Ohio’s Champaign County, which gave Donald Trump 75% of the vote in 2020, Issue 1 sparked a heated discussion about the future of Ohio’s democracy. “No on Issue 1” signs were everywhere in Champaign County, and a voter I spoke to said they didn’t expect the opposition there to be so strong. Although “Yes” won Champaign County with 62% of the vote, that’s a big swing from 2020 and neighboring traditionally conservative counties were very close, with “No” getting 50% in Clark County and 49% in Union County.
The results come as many conservative state legislatures have passed restrictions on voting and experts have described American democracy as in crisis. Lawmakers in other states like North Dakota are seeking to change their state constitutions in similar ways to Issue 1. The resounding “No” vote in such a high-profile election will surely galvanize opponents of those amendments. And it’s a big win for abortion rights advocates in Ohio, who are more likely to follow in the footsteps of multiple states and vote to protect access to reproductive healthcare.
Having been on the ground in the lead-up to the Issue 1 vote, it’s clear that people are hungry for a better, more robust and more vibrant democracy. And it’s clear that people are willing to fight for it.
“I hope it sends a message that people aren’t going to just roll over and allow tricks, allow these tricky little schemes, allow shady tactics to take away our power, our voices on issues that matter,” said Krumm. “People don’t agree with these extreme stances and extreme measures being taken.”
