VOICES: Take opportunity to amend Ohio’s constitution seriously

Scott Douglas Gerber is a law professor at Ohio Northern University. His tenth book, “Law and Religion in Colonial America: The Dissenting Colonies,” will be published by Cambridge University Press in 2023. (CONTRIBUTED)

Scott Douglas Gerber is a law professor at Ohio Northern University. His tenth book, “Law and Religion in Colonial America: The Dissenting Colonies,” will be published by Cambridge University Press in 2023. (CONTRIBUTED)
Ideas & Voices
By Scott Douglas Gerber
Oct 23, 2022
X

Ohioans are presented with the opportunity of voting on two constitutional amendments in the Nov. 8 election. The first, which is known as the Community Safety Amendment, would require Ohio judges to “use factors such as public safety, including the seriousness of the offense, and a person’s criminal record” when setting amounts and conditions of bail. The second, the Citizenship Voting Requirement Amendment, would prohibit local governments from allowing non-citizens or those who lack the qualifications of an elector to vote in local elections.

The principal argument for the first proposed amendment is that, in the words of Ohio’s Republican Attorney General Dave Yost, “the presumption of innocence in court … is not the same as pretending that a career criminal poses no threat on the street.” The primary argument against it is that it unfairly impacts poor defendants by keeping them in jail despite the fact that they are presumed innocent and have not yet received their constitutional right to a jury trial.

Proponents of the second proposed constitutional amendment insist that American elections should only be for American citizens. Opponents counter that immigrants deserve to have a voice in their communities.

Whatever a particular voter’s opinion is about the two proposed constitutional amendments, it is important for Ohioans to recognize how momentous it is to have the chance to cast a ballot for or against them. Proposed constitutional amendments can be placed on the ballot in Ohio in three different ways: by direct initiative of 10% of the number of Ohioans voting for governor in the most recent election; through the referral of at least a 60% vote in each legislative chamber during one legislative session; or via a constitutional convention.

None of the processes are easy, nor should they be. After all, a constitution is the fundamental law of a state, and it should be difficult to change. From 1913, when the first directly initiated constitutional amendment was on the ballot, through 2014, Ohioans have voted on 67 initiated amendments, and approved only 19 (a 26% approval rate). 160 measures were legislatively referred during that same one-hundred-year span, and the approval rate was 68%. Ohio has not held a constitutional convention since 1912, and Ohio voters have not approved a constitutional amendment since 2018.

The two current proposed amendments to the Ohio constitution were referred by the legislature, and on Nov. 8 Ohio voters have an opportunity to vote for or against them. They should take that opportunity seriously.

Scott Douglas Gerber is a law professor at Ohio Northern University. His tenth book, “Law and Religion in Colonial America: The Dissenting Colonies,” will be published by Cambridge University Press in 2023.

In Other News
1
OUR VIEW: None of us are alone in confronting mental health challenges
2
MARCANO: State senator looking for suggestions on how to bring fairness...
3
VOICES: Silence in the face of evil is evil itself
4
Woman says guardian wouldn’t allow her to play Bingo, so Dayton...
5
VOICES: Pete Rose and the challenge of forgiveness

About the Author

Scott Douglas Gerber