SUDDES: The Ohioan constitution belongs to Ohioans, not the legislature

Thomas Suddes is a former legislative reporter with The Plain Dealer in Cleveland and writes from Ohio University. You can reach him at tsuddes@gmail.com.

Thomas Suddes is a former legislative reporter with The Plain Dealer in Cleveland and writes from Ohio University. You can reach him at tsuddes@gmail.com.

If an Ohioan thinks the General Assembly is out of control now, imagine what state government would be like if Issue 1 passes at Aug. 8′s election.

Issue 1 is a proposed amendment to the Ohio Constitution. Issue 1 was originated by Republican state legislators. And Issue 1 would make it very difficult for voters, on their own, to propose future constitutional amendments.

That means no future amendments to end gerrymandering of Ohio’s state legislative and congressional districts. And that also means no future amendments to guarantee women’s right to choose abortion.

For 111 years, Ohioans have been able to amend their state constitution — and it is theirs, not the legislature’s — by a simple majority (50% plus 1) of the votes cast statewide. That can’t happen if Issue 1 wins approval on Aug. 8, because Issue 1 would require a 60% “yes” statewide vote to pass future constitutional amendments.

And for 111 years, Ohioans have been able to place a proposed a constitutional amendment on the ballot by gathering a specified share of signatures from at least 44 of Ohio’s 88 counties. But if Issue 1 wins approval on Aug. 8, it would require future petitioners to gather a share of signatures in all 88 counties.

Also, for 111 years, if sponsors of an amendment submit petitions with fewer than the required number of voter signatures, sponsors are granted an additional ten days to gather the necessary signatures. Issue 1 wins approval on Aug. 8: Petitioners would no longer have such a grace period.

Bottom line: The net effect of Issue 1 could be to give the General Assembly a near-monopoly on proposing constitutional amendments.

And it’s the same General Assembly whose districts are self-rigged to assure GOP majorities. Think there’s any chance the legislature will propose a true anti-gerrymandering amendment? Yeah — when water runs uphill.

Why, a century ago, did Ohio voters guarantee the right to directly proposed constitutional amendments? Because special-interest lobbying had reached a high tide at the Statehouse.

The legislature consistently refused, then (and now), to propose true reforms, so voter-initiated constitutional amendments — authorized by 1912′s Ohio Constitutional Convention, and approved by voters — can bypass a do-nothing, stand-pat General Assembly.

And that’s precisely why General Assembly Republicans devised Issue 1 — to handcuff voters. Ohio’s Bill of Rights says, “All political power is inherent in the people.” But Issue 1 says all political power is inherent in Statehouse insiders who have the legislature’s ears.

Thanks to the FirstEnergy/House Bill 6 scandal, Ohioans now know it can cost up to $61 million to pass a bill in the General Assembly, though $61 million was arguably reasonable only because of the billion-dollar stakes in play.

Still the formula recurs: Support a House speaker or Senate president’s campaign fund, helping him elect allies to the legislature, who in turn kiss the hand that feeds them by voting “yes” on … select … legislation. There’s no room in that equation for voters, who are expected to put up, pay up and shut up — while legislators and their pals toddle off for steaks and scotch.

Gerrymandering means Ohioans can’t do much about who goes to the legislature. And lobbying means Ohioans can’t do much about what passes in the legislature. The one equal-opportunity method for Ohioans to compel real change at the Statehouse are voter-petitioned constitutional amendments.

And that’s precisely why Capitol Square’s in-crowd is so desperate to win approval of Issue 1: Making it harder for voters to amend the state constitution guarantees business as usual inside the Ohio General Assembly.

Thomas Suddes is a former legislative reporter with The Plain Dealer in Cleveland and writes from Ohio University. You can reach him at tsuddes@gmail.com.

About the Author