Ohio constitutional amendment proposal misses key deadline

Ohio Statehouse on Capitol Square in Columbus

Republican lawmakers had hoped to pre-empt an abortion-rights measure with a reform that would make it harder to amend the state constitution. They missed a key deadline to do so on Wednesday. (David Petkiewicz, cleveland.com)David Petkiewicz, cleveland.com

COLUMBUS, Ohio — It’s official: Republican state lawmakers will miss their first chance to pre-empt a planned abortion-rights ballot measure by asking voters to set a higher threshold to amend the Ohio constitution.

On Wednesday, a legal deadline passed for state lawmakers to propose constitutional amendments to voters for approval during the May election. That means lawmakers’ next chance to revive the proposal is in November, with a corresponding Aug. 10 filing deadline.

Missing the deadline to put the proposal on the ballot in May opens the door for groups that want to amend the Ohio Constitution to do so in November under the state’s current rules.

The proposal in its current form would require future proposed constitutional amendments to get support from 60% of voters to pass, compared to the current simple majority standard, 50% plus one vote. An initial proposal seemed poised to be fast-tracked in December during the state legislature’s lame-duck session, but stalled thanks to internal Republican opposition.

Another proposal emerged in January, but newly elected Republican House Speaker Jason Stephens hasn’t scheduled it for a vote.

If eventually approved, the higher standard would apply to all future constitutional amendments, which must be approved by voters to go into effect. But the current, highest-profile potential ballot measure is a pair of competing ballot measures that would enshrine abortion rights in the state constitution.

The two abortion-rights proposals are backed by different campaign organizations. They’re in the early stages, but so far only one – Ohio Physicians for Reproductive Rights – has said that it intends to put the issue before voters in 2023. If either group clears the various legal hurdles in time to make the November ballot, the current simple majority standard would apply.

Stephens, who was skeptical of fast-tracking the proposal, told reporters last week the 60% constitutional amendment proposal could have a third act, saying it will be assigned to a House committee for review.

“I don’t think it’s dead by any means. I think the idea of protecting our constitution is extremely important, regardless of which side of the aisle we’re on,” Stephens said.

Andrew Tobias covers state government and politics for Cleveland.com and The Plain Dealer. Read more of his work here.

Jeremy Pelzer contributed to this story

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