Issue 1 seeks early deadlines for filing of state ballot issues

By Marc Kovac

Issue 1 tightens deadlines for citizen-initiated ballot issues.

COLUMBUS — In 2007, strippers were all the rage at the Ohio Statehouse.

A new law, initiated by a citizens group and passed by lawmakers without Gov. Ted Strickland’s signature, banned physical contact between adult-oriented club performers who were nude or seminude and prohibited such activities between midnight and 6 a.m.

Opponents, namely a number of strip club owners, quickly launched a petition drive with hopes of overturning the ban. In the end, their efforts fell short of the state’s requirements for placing issues on the general election ballot.

But the outcome wasn’t known until after county boards were required to print ballots and publish advertisements about the election.

The same scenario played out in 2006, when a workers’ compensation reform issue failed to reach the ballot.

In both instances, the secretary of state’s office had to issue directives, guiding county elections officials and poll workers on how to handle citizens’ questions about the missing issues — i.e. “Votes cast for State Issue 1 will not be counted.”

Which is where state Reps. Dan Stewart, a Democrat from the Columbus area, and Jon Peterson, a Republican from Delaware, stepped in.

Earlier this year, they offered a constitutional amendment via House Joint Resolution 3, now known as Issue 1 on the Nov. 4 general election ballot.

“It caused a great deal of confusion for voters [and] cost hundreds of thousands of dollars,” Stewart said during the floor discussion earlier this year, concerning issues that appear on the ballot before being finalized by the secretary of state.

Peterson added from the floor, “We have, I think, set out a very reasonable proposal for the voters. ... Voters are confused. We can do better. And, in my opinion ... this represents a significant step forward in this regard.”

Issue 1 would change deadlines associated with citizen-initiated referendums, legislation and constitutional amendments, making filing dates earlier.

Currently, petitions backing constitutional amendments and new state laws must be filed 90 days before a general election, while referendums approving or rejecting new laws OK’d by the Legislature must be submitted 60 days before.

Under Issue 1, the deadline for all three would be 125 days before the election. The constitutional amendment also changes time lines for submissions by groups challenging petitions and for verification of signatures by the secretary of state’s office and county election boards.

Proponents believe the extra time would allow more time for the verification process to be completed and issues to be accepted or rejected before ballots are printed and advertised.

“I think this is the kind of legislation that we’re sent here to do,” Stewart said during the floor vote. “It saves taxpayers’ money; it clarifies the election process and reduces voter confusion.”

The main drawbacks of the proposed amendment relate to the campaign costs involved, according to a summary compiled by the Ohio Ballot Board in the absence of submissions from any formal opposition groups.

The issue “gives people with the money to circulate petitions for hundreds of thousands of signatures increased power over the state Legislature to delay laws passed from going into effect for months or even more than a year.”

It added, “Putting the issues off so long may mean that large amounts of money will have to be spent to get the attention of voters. Millions of dollars are already being spent for issues that are fresh in the voters’ minds. More money is likely to be spent to inform voters when the issue is stale. With these powers reserved to the people, this proposed amendment makes it even more expensive and difficult for ordinary citizens to undertake the efforts to speak through the state initiative and referendum process.”

mkovac@dixcom.com