The Cincinnati Bar Association, founded in 1872, is a non-partisan professional organization comprised of lawyers, judges, and legal professionals whose mission is to promote professional excellence, foster justice, serve our members, and educate the public. We believe in a government and system of laws that are accessible and open to all citizens. The CBA opposes any effort to curtail Ohio citizens’ ability to participate meaningfully in their own governance or that hinders government responsiveness.

If passed at the special election scheduled for August 8, 2023, Ohio State Issue 1 would require a new 60% “supermajority” vote when citizens seek to amend the Ohio Constitution. We believe this is an unnecessary barrier to citizen participation. Citizen-led initiatives, while infrequent, are a vital part of Ohio’s democracy and allow direct participation from its citizens in the constitutional process. Currently, such initiatives require a simple majority vote for passage, as they have for more than 100 years.

We agree with the April 18, 2023 testimony before the Ohio House Constitutional Resolutions Committee of Steven H. Steinglass, Dean Emeritus and Professor Emeritus at CSU College of Law and a Senior Policy Advisor for the bipartisan Ohio Constitutional Modernization Commission from 2013 – 2017. He stated:

Because the constitutional initiative is rarely used does not mean that it has not been important; key features of the Ohio Constitution and thus the lives of Ohioans owe their existence to the initiative but would not have been adopted under a 60% passing rate. These include county home rule, the 10-mill limitation on unvoted property taxes, the elimination of straight party ticket voting, and the minimum wage.

Different people will view those amendments differently, but the range of topics illustrates that the initiative is not a one-way ratchet designed to put any group’s political preferences into the constitution. What these amendments have in common, however, is that they all represent instances in which Ohio electors determined that the General Assembly was not responsive to their concerns, and the initiative provided a means of amending the constitution to serve those interests.

As a professional organization for lawyers of many political beliefs, our position on State Issue 1 reflects our serious concern for the proposal’s long-term negative effect on Ohio’s Constitution. We care about the way our legal system functions, not partisan politics. When the citizens of Ohio consider changes to the law, the rules for doing so must be fair, appropriate, and consistent. Such rules must provide citizens a means to challenge government decisions that directly impact our lives. “One Person, One Vote” is a sacred principle of our democracy. Majority rule in Ohio should not be disturbed. The citizens of Ohio must be able to participate actively in their governance on equal footing with the legislature, without the burden of requiring a 60% supermajority vote.

For these reasons, the Cincinnati Bar Association recommends that Ohio voters vote “No” on State Issue 1 in the August 8, 2023 special election.

Read CBA President Hon. Janaya Trotter Bratton's Message to Members about the CBA's statement on Issue One:

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On August 8, Ohioans will vote on a proposition to make Ohio's constitution harder to amend. In the short run, the outcome of this vote likely will determine whether abortion remains legal in Ohio. But in the medium and long runs, this vote will affect many other aspects of governance in Ohio.

Join Professor Kenneth Katkin of NKU’s Chase College of Law for a presentation that will explain the meaning, history, and potential impact of Ohio Issue One.

 

View presentation materials here.