§ 2.01a The
initiative
The first aforestated power reserved by the people is designated the initiative, and the signatures of ten per centum of the electors shall be required upon a petition to propose an amendment to the constitution. When a petition signed by the aforesaid required number of electors, shall have been filed with the secretary of state, and verified as herein provided, proposing an amendment to the constitution, the full text of which shall have been set forth in such petition, the secretary of state shall submit for the approval or rejection of the electors, the proposed amendment, in the manner hereinafter provided, at the next succeeding regular or general election in any year occurring subsequent to ninety days after the filing of such petition. The initiative petitions, above described, shall have printed across the top thereof: Amendment to the Constitution Proposed by Initiative Petition to be Submitted Directly to the Electors."
(Adopted September 3, 1912.)
§ 2.01b Initiative,
continued
When at any time, not less than ten days prior to the commencement of any session of the general assembly, there shall have been filed with the secretary of state a petition signed by three per centum of the electors and verified as herein provided, proposing a law, the full text of which shall have been set forth in such petition, the secretary of state shall transmit the same to the general assembly as soon as it convenes. If said proposed law shall be passed by the general assembly, either as petitioned for or in an amended form, it shall be subject to the referendum. If it shall not be passed, or if it shall be passed in an amended form, or if no action shall be taken thereon within four months from the time it is received by the general assembly, it shall be submitted by the secretary of state to the electors for their approval or rejection at the next regular or general election, if such submission shall be demanded by supplementary petition verified as herein provided and signed by not less than three per centum of the electors in addition to those signing the original petition, which supplementary petition must be signed and filed with the secretary of state within ninety days after the proposed law shall have been rejected by the general assembly or after the expiration of such term of four months, if no action has been taken thereon, or after the law as passed by the general assembly shall have been filed by the governor in the office of the secretary of state. The proposed law shall be submitted in the form demanded by such supplementary petition, which form shall be either as first petitioned for or with any amendment or amendments which may have been incorporated therein by either branch or by both branches, of the general assembly. If a proposed law so submitted is approved by a majority of the electors voting thereon, it shall be the law and shall go into effect as herein provided in lieu of any amended form of said law which may have been passed by the general assembly, and such amended law passed by the general assembly shall not go into effect until and unless the law proposed by supplementary petition shall have been rejected by the electors. All such initiative petitions, last above described, shall have printed across the top thereof, in case of proposed laws: "Law Proposed by Initiative Petition First to be submitted to the General Assembly." Ballots shall be so printed as to permit an affirmative or negative vote upon each measure submitted to the electors. Any proposed law or amendment to the constitution submitted to the electors as provided in section 1a and section 1b, if approved by a majority of the electors voting thereon, shall take effect thirty days after the election at which it was approved and shall be published by the secretary of state. If conflicting proposed laws or conflicting proposed amendments to the constitution shall be approved at the same election by a majority of the total number of votes cast for and against the same, the one receiving the highest number of affirmative votes shall be the law, or in the case of amendments to the constitution shall be the amendment to the constitution. No law proposed by initiative petition and approved by the electors shall be subject to the veto of the governor.
(Adopted September 3,
1912.)
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§ 3519.01.
Certification of initiative or referendum proposal by attorney general and
secretary of state.
(A) Whoever seeks to propose a law or constitutional amendment by initiative petition shall, by a written petition signed by one hundred qualified electors, submit the proposed law or constitutional amendment and a summary of it to the attorney general for examination. If in the opinion of the attorney general the summary is a fair and truthful statement of the proposed law or constitutional amendment, he shall so certify. A verified copy of the proposed law or constitutional amendment, together with the summary and the attorney general's certification, shall then be filed with the secretary of state.
(B) (1) Whoever seeks to file a referendum petition against any law, section, or item in any law shall, by a written petition signed by one hundred qualified electors, submit the measure to be referred and a summary of it to the secretary of state and, on the same day or within one business day before or after that day, submit a copy of the petition, measure, and summary to the attorney general.
(2) Not later than ten business days after receiving the petition, measure, and summary, the secretary of state shall do both of the following:
(a) Have the validity of the signatures on the petition verified;
(b) After comparing the text of the measure to be referred with the copy of the enrolled bill on file in his office containing the law, section, or item of law, determine whether the text is correct and, if it is, so certify.
(3) Not later than ten business days after receiving a copy of the petition, measure, and summary, the attorney general shall examine the summary and, if in his opinion the summary is a fair and truthful statement of the measure to be referred, so certify.
HISTORY: GC § 4785-175; 113 v 307(391), § 175; 114 v 679(708); Bureau of Code Revision, 10-1-53; 135 v S 238 (Eff 5-15-74); 143 v H 7. Eff 9-15-89.
§ 3519.02. Committee
for petitioners.
The petitioners shall designate in any initiative, referendum, or supplementary petition and on each of the several parts of such petition a committee of not less than three nor more than five of their number who shall represent them in all matters relating to such petitions. Notice of all matters or proceedings pertaining to such petitions may be served on said committee, or any of them, either personally or by registered mail, or by leaving such notice at the usual place of residence of each of them.
HISTORY: GC §
4785-180; 113 v 307(393), § 180; 114 v 679; Bureau of Code Revision. Eff
10-1-53.
§ 3519.03. Committee
to prepare argument or explanation; preparation of missing arguments,
explanations.
(A) The committee named in a initiative petition may prepare the argument or explanation, or both, in favor of the measure proposed, and the committee named in a referendum petition may prepare the argument or explanation, or both, against any law or section or item of law. The persons who prepare the argument or explanation, or both, in opposition to the initiated proposal, or the argument or explanation, or both, in favor of the measure to be referred shall be named by the general assembly, if it is in session, or by the governor, if the general assembly is not in session. Such argument or explanation, or both, shall not exceed three hundred words and shall be filed with the secretary of state at least seventy-five days prior to the date of the election at which the measure is to be voted upon.
(B) (1) If the committee named in an initiative petition, the committee named in a referendum petition, or other persons designated under division (A) of this section fail to prepare and file their arguments or explanations by the seventy-fifth day before the date of the election, the secretary of state shall notify the Ohio ballot board that those arguments or explanations have not been so prepared and filed. The board then shall prepare the missing arguments or explanations or designate a group of persons to prepare those arguments or explanations. All arguments or explanations prepared under this division shall be filed with the secretary of state no later than seventy days before the date of the election. No argument or explanation shall exceed three hundred words.
(2) If the Ohio ballot board fails to provide for the preparation of missing arguments or explanations under division (B)(1) of this section after being notified by the secretary of state that one or more arguments or explanations have not been timely prepared and filed, the positions of the four appointed members of the board shall be considered vacant, and new members shall be appointed in the manner provided for original appointments.
HISTORY: GC §
4785-180a; 114 v 679(711); Bureau of Code Revision, 10-1-53; 138 v H 1062 (Eff
3-23-81); 149 v H 445. Eff 12-23-2002.
§ 3519.05. Form of
petition.
If the measure to be submitted proposes a constitutional amendment, the heading of each part of the petition shall be prepared in the following form, and printed in capital letters in type of the approximate size set forth:
INITIATIVE PETITION
Number .......................................................................
Issued to ....................................................................
(Name of solicitor)
Date of issuance .............................................................
..............................................................................
Amendment to the
Constitution
Proposed by
Initiative Petition
To be submitted
directly to the electors
"Amendment" printed in fourteen-point boldface type shall precede the title, which shall be briefly expressed and printed in eight-point type. The summary shall then be set forth printed in ten-point type, and then shall follow the certification of the attorney general, under proper date, which shall also be printed in ten-point type. The petition shall then set forth the names and addresses of the committee of not less than three nor more than five to represent the petitioners in all matters relating to the petition or its circulation.
Immediately above the heading of the place for signatures on each part of the petition the following notice shall be printed in boldface type:
"NOTICE
Whoever knowingly signs this petition more than once, signs a name other than one's own, or signs when not a qualified voter, is liable to prosecution.
In consideration for services in soliciting signatures to this petition the solicitor has received or expects to
receive ......................................................................
from .........................................................................
(Whose address is) ........................................................."
..............................................................................
Before any elector signs the part-petition, the solicitor shall completely fill in the above blanks if the solicitor has received or will receive any consideration, and if the solicitor has not received and will not receive any consideration, the solicitor shall insert "nothing."
The heading of the place for signatures shall be substantially as follows:
"(Sign with ink or indelible pencil. Your name, residence, and date of signing must be given.)
Rural Route or Month
other Post- Day
(Voters who do not live in a municipal corporation should fill in the information called for by headings printed above.)
(Voters who reside in municipal corporations should fill in the information called for by headings printed below.)
Street Month
City or and Day
The text of the
proposed amendment shall be printed in full, immediately following the place
for signatures, and shall be prefaced by "Be it resolved by the people of
the State of
"I, ...................., declare under penalty of election falsification that I am the circulator of the foregoing petition paper containing the signatures of ........ electors, that the signatures appended hereto were made and appended in my presence on the date set opposite each respective name, and are the signatures of the persons whose names they purport to be, and that the electors signing this petition did so with knowledge of the contents of same.
(Signed) .................... (Solicitor)
(Address) ............
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
If the measure proposes a law, the heading of each part of the petition shall be prepared as follows:
INITIATIVE PETITION
Number ............
............
Issued to ............
............
(Name of Solicitor)
Date of issuance ............
............
Law proposed by initiative petition first to be submitted to the General Assembly."
In all other respects the form shall be as provided for the
submission of a constitutional amendment, except that the text of the proposed
law shall be prefaced by "Be it enacted by the people of the state of
The form for a supplementary initiative petition shall be the same as that provided for an initiative petition, with the exception that "supplementary" shall precede "initiative" in the title thereof.
The general provisions set forth in this section relative to the form and order of an initiative petition shall be, so far as practical, applicable to a referendum petition, the heading of which shall be as follows:
"REFERENDUM PETITION
Number ...................................................................
..........................................................................
Issued to ................................................................
..........................................................................
(Name of Solicitor)
Date of issuance .........................................................
..........................................................................
To be submitted to the electors for their approval or rejection"
The title, which follows the heading, shall contain a brief legislative history of the law, section, or item of law to be referred. The text of the law so referred shall be followed by the certification of the secretary of state, in accordance with division (B)(2)(b) of section 3519.01 of the Revised Code, that it has been compared with the copy of the enrolled act, on file in the secretary of state's office, containing such law, section, or item of law, and found to be correct.
HISTORY: GC §
4785-176; 113 v 307(391), § 176; 114 v 679(708); 119 v 140; Bureau of Code
Revision, 10-1-53; 135 v H 662 (Eff 9-27-74); 143 v H 7 (Eff 9-15-89); 146 v H
99 (Eff 8-22-95); 149 v H 5. Eff 8-28-2001.
§ 3519.06. Verification
of petition.
No initiative or referendum part-petition is properly verified if it appears on the face thereof, or is made to appear by satisfactory evidence:
(A) That the statement required by section 3519.05 of the Revised Code is not properly filled out;
(B) That the statement is not properly signed;
(C) That the statement is altered by erasure, interlineation, or otherwise;
(D) That the statement is false in any respect;
(E) That any one person has affixed more than one signature thereto.
HISTORY: GC §
4785-176c; 119 v 140(145); Bureau of Code Revision, 10-1-53; 135 v S 238 (Eff
5-15-74); 135 v H 662. Eff 9-27-74.
§ 3519.10. Signer
must be qualified elector; information to be given; each petition to contain
signatures of electors of only one county.
Each signer of any initiative or referendum petition must be a qualified elector of the state. He shall place on such petition after his name the date of signing and the location of his voting residence, including the street and number in which such voting residence is located, if in a municipal corporation, and the rural route or other post-office address and township in which such voting residence is located, if outside a municipal corporation. Each signer may also print his name so as to clearly identify his signature. Each part-petition which is filed shall contain signatures of electors of only one county. Petitions containing signatures of electors of more than one county shall not thereby be declared invalid. In case petitions containing signatures of electors of more than one county are filed, the secretary of state shall determine the county from which the majority of signatures came, and only signatures from such county shall be counted. Signatures from any other county shall be invalid.
HISTORY: GC §
4785-177; 113 v 307(392), § 177; 114 v 679(711); 122 v 325(365); Bureau of Code
Revision, 10-1-53; 135 v S 238 (Eff 5-15-74); 141 v H 555 (Eff 2-26-86); 141 v
H 524. Eff 3-17-87.
§ 3519.14. Petition
may not be filed with insufficient signatures.
The secretary of state shall not accept for filing any initiative or referendum petition which does not purport to contain at least the minimum number of signatures required for the submission of the amendment, proposed law, or law to be submitted under the initiative or referendum power.
HISTORY: GC §
4785-177d; 119 v 140(146); Bureau of Code Revision. Eff 10-1-53.
§ 3519.15.
Part-petitions sent to boards of elections; procedure by boards.
Whenever any initiative or referendum petition has been filed with the secretary of state, he shall forthwith separate the part-petitions by counties and transmit such part-petitions to the boards of elections in the respective counties. The several boards shall proceed at once to ascertain whether each part-petition is properly verified, and whether the names on each part-petition are on the registration lists of such county, or whether the persons whose names appear on each part-petition are eligible to vote in such county, and to determine any repetition or duplication of signatures, the number of illegal signatures, and the omission of any necessary details required by law. The boards shall make note opposite such signatures and submit a report to the secretary of state indicating the sufficiency or insufficiency of such signatures and indicating whether or not each part-petition is properly verified, eliminating, for the purpose of such report, all signatures on any part-petition that are not properly verified.
In determining the sufficiency of such a petition, only the signatures of those persons shall be counted who are electors at the time the boards examine the petition.
HISTORY: GC §
4785-178; 113 v 307(392), § 178; 119 v 140; Bureau of Code Revision, 10-1-53;
137 v S 125 (Eff 5-27-77); 139 v H 1. Eff 8-5-81.
§ 3519.16. Protest
against board's findings; establishing of sufficiency or insufficiency of
signatures; supplementary petition.
The circulator of any part-petition, the committee
interested in the petition, or any elector may file with the board of elections
a protest against the board's findings made pursuant to section 3519.15 of the
Revised Code. Protests shall be in writing and shall specify reasons for the
protest. Protests for all initiative and referendum petitions other than those
to be voted on by electors throughout the entire state shall be filed not later
than
The properly verified part-petitions, together with the report of the board, shall be returned to the secretary of state not less than fifty days before the election, provided that, in the case of an initiated law to be presented to the general assembly, the boards shall promptly check and return the petitions together with their report. The secretary of state shall notify the chairperson of the committee in charge of the circulation as to the sufficiency or insufficiency of the petition and the extent of the insufficiency.
If the petition is found insufficient because of an insufficient number of valid signatures, the committee shall be allowed ten additional days after the notification by the secretary of state for the filing of additional signatures to the petition. The part-petitions of the supplementary petition that appear to the secretary of state to be properly verified, upon their receipt by the secretary of state, shall forthwith be forwarded to the boards of the several counties together with the part-petitions of the original petition that have been properly verified. They shall be immediately examined and passed upon as to the validity and sufficiency of the signatures on them by each of the boards and returned within five days to the secretary of state with the report of each board. No signature on a supplementary part-petition that is the same as a signature on an original part-petition shall be counted. The number of signatures in both the original and supplementary petitions, properly verified, shall be used by the secretary of state in determining the total number of signatures to the petition that the secretary of state shall record and announce. If they are sufficient, the amendment, proposed law, or law shall be placed on the ballot as required by law. If the petition is found insufficient, the secretary of state shall notify the committee in charge of the circulation of the petition.
HISTORY: GC §
4785-179; 113 v 307(393), § 179; 119 v 140; 123 v 380(403); Bureau of Code
Revision. Eff 10-1-53; 150 v H 262, § 1, eff. 5-7-04.
Effect of Amendments
150 v H 262, May 7, 2004, inserted the second and third sentences in the first paragraph; and made minor stylistic and gender neutral changes.
§ 3519.18. Power of
boards of elections.
In the performance of the duties required of the boards of elections, the boards may subpoena witnesses, compel the production of books, records, and other evidence, administer oaths, and take evidence.
HISTORY: GC §
4785-179b; 119 v 140; 123 v 380(404); Bureau of Code Revision. Eff 10-1-53.
3519.21. Ballot title
of propositions or issues.
The order in which all propositions, issues, or questions, including proposed laws and constitutional amendments, shall appear on the ballot and the ballot title of all such propositions, issues, or questions shall be determined by the secretary of state in case of propositions to be voted upon in a district larger than a county, and by the board of elections in a county in the case of a proposition to be voted upon in a county or a political subdivision thereof. In preparing such a ballot title the secretary of state or the board shall give a true and impartial statement of the measures in such language that the ballot title shall not be likely to create prejudice for or against the measure. The person or committee promoting such measure may submit to the secretary of state or the board a suggested ballot title, which shall be given full consideration by the secretary of state or board in determining the ballot title.
Except as otherwise provided by law, all propositions, issues, or questions submitted to the electors and receiving an affirmative vote of a majority of the votes cast thereon are approved.
HISTORY: GC §
4785-181; 113 v 307(394), § 181; Bureau of Code Revision. Eff 10-1-53.
§ 3519.22. Election
unaffected by insufficiency; number of petitioners needed.
No measure submitted to the electors and receiving an affirmative majority of the votes cast on the measure shall be held ineffective or void on account of the insufficiency of the petitions by which such submission was procured.
The basis upon which the required number of petitioners in any case is determined shall be the total number of votes cast for the office of governor, in the case of state, county, or municipal referendum, at the most recent election therefor
