Ohio Issue 2, Citizenship Voting Requirement Amendment (2022)

Ohio Issue 2
Election date November 8, 2022
Topic Suffrage
Status a Approved
Type Constitutional amendment	Origin State legislature

Ohio Issue 2, the Citizenship Voting Requirement Amendment, was on the ballot in Ohio as a legislatively referred constitutional amendment on November 8, 2022. The measure was approved.

A "yes" vote supported prohibiting local governments from allowing noncitizens or those who lack the qualifications of an elector to vote in local elections.

A "no" vote opposed prohibiting local governments from allowing noncitizens or those who lack the qualifications of an elector to vote in local elections.

Election results

Ohio Issue 2
Result		Votes	Percentage
Yes		3,099,868	76.90%
No		931,205	23.10%

Results are officially certified.

Source

Overview

What did this amendment do?

See also: Ballot language and constitutional changes

Issue 2 prohibited local governments from allowing persons who lack certain qualifications to vote in local elections. These qualifications are:

• being 18 years old or older,
• being a resident of the state, county, township, or ward,
• having been registered to vote for thirty days,
• having the qualifications of an elector.

In 2022, Article V, Section 1 of the Ohio Constitution read, "Every citizen of the United States ... is entitled to vote at all elections." This amendment replaced the section with the following: "Only a citizen of the United States... is entitled to vote at all elections."

Were non-citizens allowed to vote in Ohio?

See also: Yellow Springs noncitizen voting referendum for local elections

In 2022, no jurisdictions in Ohio allowed non-citizens to vote in elections. In 2019, the village of Yellow Springs, Ohio, held a referendum on whether non-citizens could vote in local elections. The referendum passed 891–650 (58%–42%).

After the election, Secretary of State Frank LaRose (R) said that only U.S. citizens could vote in elections and that allowing noncitizens to vote violated both the United States Constitution and the Ohio Constitution. LaRose directed the Greene County Board of Elections to not accept any voter registrations from noncitizens and to cancel the voter registrations of any non-citizen residents of the Village of Yellow Springs who had already registered to vote.

What did supporters and opponents say about this measure?

See also: Support

Ohio Secretary of State Frank LaRose (R) was a supporter of the measure. “American elections are only for American citizens," he said. "And the cities in other states that have granted non-citizens the right to vote in local elections are undermining the value of what it means to be an American … This is a smart preventative measure that will provide the certainty needed to ensure this right is protected for Ohioans."

Rep. Jay Edwards (R-94) was one of the representatives who sponsored the measure. “This is about the integrity of our elections,” he said in a statement after the measure passed the Ohio General Assembly. “Citizenship matters. We are being proactive to ensure our election laws are clear and unambiguous. I believe this is an issue most Ohioans, regardless of party affiliation, will support.”

Opponents of the measure included Rep. Mike Skindell (D-13) and Rep. Michele Lepore-Hagan (D-58). Skindell said, “Immigrants serve as firefighters, they serve as police officers in our communities, they are homeowners, they contribute to our societies, they serve as schoolteachers, their kids go to schools in our community," he said. "And they have a right to have a voice, and we should allow that.” Lepore-Hagan said that the measure was not productive. "It's an effort to promote a narrative that our elections are faulty," she said. "It’s also an effort to tap into fear and it’s a political game."

Were noncitizens allowed to vote in local elections in other states?

See also: Other constitutions on voting by citizenship

In 2022, under federal law, only United States citizens could vote in federal elections. Five state constitutions specifically stated that only a citizen could vote in an election–Alabama, Arizona, Colorado, Florida, and North Dakota.

As of June 2022, New York City allowed noncitizens to vote in municipal elections, and San Francisco allowed noncitizens to vote in school board elections. Eleven municipalities in Maryland and two municipalities in Vermont also allowed noncitizens to vote in local elections.

As of 2022, four ballot measures had been passed that changed state constitutions to read that only a citizen could vote in elections. The previous language in these constitutions stated that every or all citizens could vote in elections.

In 2018, North Dakota passed a ballot measure that changed the language of the state constitution to read that only a citizen could vote. In 2020, Alabama, Colorado, and Florida all passed similar measures to change their state constitutions. In 2022, Louisiana had a citizenship voting requirement amendment on the ballot.

Text of measure

Ballot title

The official ballot title was as follows:

“

Issue 2 Proposed Constitutional Amendment TO PROHIBIT LOCAL GOVERNMENT FROM ALLOWING NON-ELECTORS TO VOTE Proposed by Joint Resolution of the General Assembly To amend Section 1 of Article V, Section 3 of Article X, and Section 3 of Article XVIII of the Constitution of the State of Ohio A majority yes vote is necessary for the amendment to pass. The proposed amendment would: Require that only a citizen of the United States, who is at least 18 years of age and who has been a legal resident and registered voter for at least 30 days, can vote at any state or local election held in this state. Prohibit local governments from allowing a person to vote in local elections if they are not legally qualified to vote in state elections. If passed, the amendment will be effective immediately.

”

Constitutional changes

See also: Article V, Ohio Constitution

The ballot measure amended Section 1 of Article V, Section 3 of Article X, and Section 3 of Article XVIII of the Ohio Constitution. The following underlined text was added and struck-through text was deleted: Note: Hover over the text and scroll to see the full text.

Text of Section 1: Who May Vote

Every Only a citizen of the United States, of the age of eighteen years, who has been a resident of the state, county, township, or ward, such time as may be provided by law, and has been registered to vote for thirty days, has the qualifications of an elector, and is entitled to vote at all elections. No person who lacks those qualifications shall be permitted to vote at any state or local election held in this state. Any elector who fails to vote in at least one election during any period of four consecutive years shall cease to be an elector unless he the elector again registers to vote.

Text of Section 3: County Charters; Approval by Voters

The people of any county may frame and adopt or amend a charter as provided in this article but the right of the initiative and referendum is reserved to the people of each county on all matters which such county may now or hereafter be authorized to control by legislative action. Every such charter shall provide the form of government of the county and shall determine which of its officers shall be elected and the manner of their election, subject to the requirements of Section 1 of Article V of this constitution. It shall provide for the exercise of all powers vested in, and the performance of all duties imposed upon counties and county officers by law. Any such charter may provide for the concurrent or exclusive exercise by the county, in all or in part of its area, of all or of any designated powers vested by the constitution or laws of Ohio in municipalities; it may provide for the organization of the county as a municipal corporation; and in any such case it may provide for the succession by the county to the rights, properties, and obligations of municipalities and townships therein incident to the municipal power so vested in the county, and for the division of the county into districts for purposes of administration or of taxation or of both. Any charter or amendment which alters the form and offices of county government or which provides for the exercise by the county of power vested in municipalities by the constitution or laws of Ohio, or both, shall become effective if approved by a majority of the electors voting thereon. In case of conflict between the exercise of powers granted by such charter and the exercise of powers by municipalities or townships, granted by the constitution or general law, whether or not such powers are being exercised at the time of the adoption of the charter, the exercise of power by the municipality or township shall prevail. A charter or amendment providing for the exclusive exercise of municipal powers by the county or providing for the succession by the county to any property or obligation of any municipality or township without the consent of the legislative authority of such municipality or township shall become effective only when it shall have been approved by a majority of those voting thereon (1) in the county, (2) in the largest municipality, (3) in the county outside of such municipality, and (4) in counties having a population, based upon the latest preceding federal decennial census of 500,000 or less, in each of a majority of the combined total of municipalities and townships in the county (not included within any township any part of its area lying within a municipality.

Text of Section 3: Powers

Municipalities Subject to the requirements of Section 1 of Article V of this constitution, municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 10, and the FRE is 47. The word count for the ballot title is 133.

Support

Supporters

Officials

• State Rep. Jay Edwards (R)
• State Rep. Bill Seitz (R)
• State Rep. Jason Stephens (R)
• Secretary of State Frank LaRose (R)

Organizations

• Americans for Tax Reform
• Ohio Chamber of Commerce

Arguments

• State Rep. Jason Stephens (R-93): "This is a common sense proposal that's important for protecting integrity of our elections."
• State Rep. Jay Edwards (R-94): “This is about integrity of our elections and point blank, citizenship should matter."
• State Sen. Louis Blessing: “Citizenship should matter. When you think about it, if you’re not a citizen, you technically have a foreign allegiance ... This simply closes that loophole and says no you must be a U.S. citizen to vote in state and local elections in Ohio."
• Secretary of State Frank LaRose (R): “American elections are only for American citizens, and the cities in other states that have granted non-citizens the right to vote in local elections are undermining the value of what it means to be an American. I have presided over naturalization ceremonies and know that for newly sworn-in American citizens, securing the right to vote is a treasured achievement — a right they have worked hard to achieve. These new Americans know better than anyone that this precious right should not be cheapened by giving it away to those who haven't earned it. This is a smart preventative measure that will provide the certainty needed to ensure this right is protected for Ohioans."
• Dan Stein, president of the Federation for American Immigration Reform: “Noncitizens are actually citizens of other countries, and owe their primary political allegiance to another nation where they can return home at any point. Giving the citizens of other countries the right to vote in state and local elections is contrary to the fundamental principles of self-governance and will ultimately tear apart the connections of a free and independent people.”

Opposition

Opponents

Officials

• State Rep. Michele Lepore-Hagan (D)
• State Rep. Mike Skindell (D)

Arguments

• State Rep. Michele Lepore-Hagan (D-58): “It’s an effort to promote a narrative that our elections are faulty. It’s also an effort to tap into fear and it’s a political game."
• State Rep. Mike Skindell (D-13): “Immigrants serve as firefighters, they serve as police officers in our communities, they are homeowners, they contribute to our societies, they serve as schoolteachers, their kids go to schools in our community. And they have a right to have a voice, and we should allow that.”
• State Rep. Bishara Addison: “I believe that this is another attempt at suppressing the vote and keeping individuals from being able to participate in their local community ... If you’re paying taxes, you should have a say in what’s happening in your local community."

Campaign finance

See also: Campaign finance requirements for Ohio ballot measures

Ballotpedia did not identify ballot measure committees registered to support or oppose the ballot measure.

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Media editorials

See also: 2022 ballot measure media endorsements

Support

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.

Opposition

The following media editorial boards published an editorial opposing the ballot measure:

• Cleveland.com Editorial Board: "Ohio is a “home rule” state. Our constitution recognizes that local authorities know best how to govern locally, as long as their actions don’t violate state or national laws. What if Yellow Springs wants to convene a town meeting along the lines of New England town meetings, and hold a nonbinding vote of those present on local matters? No one has to register. They just have to be present and be a resident. Issue 2 would appear to prohibit such a solution for Yellow Springs or other Ohio communities. Issue 2 is both unneeded -- seeking to solve a problem LaRose already resolved -- and harmful, by potentially barring local solutions to give all residents a voice on local matters."
• The Blade Editorial Board: "We endorse the principle of home rule authority, but it is nonsensical for local governments to expand the voting franchise on such an ad hoc basis. It adds another layer of complication to the job of county boards of election that are already burdened with confusing and even conflicting regulation. In any case, citizenship should mean something. If you want to vote, apply to become a U.S. citizen, and then vote. If an issue or a candidate is of interest to you, contribute to or campaign for that issue or candidate."

Background

Voter registration requirements in Ohio, 2022

In Ohio, as of 2022, the requirements to register to vote were:

• Being a citizen of the United States.
• Being at least 18 years old on or before the day of the next general election.
• Being a resident of Ohio for at least 30 days immediately before the election in which the person wishes to vote.
• Not being incarcerated (in prison or jail) for a felony conviction under Ohio law, the law of another state, or the United States.
• Not being declared incompetent for voting purposes by a probate court.
• Not being permanently disenfranchised for violating the election laws.

Yellow Springs noncitizen voting referendum for local elections

Alisha Beeler, who became Greene County Board of Elections director in June 2021, stated that Ohio Issue 2 was proposed specifically due to a noncitizen voting referendum that passed in Yellow Springs, Ohio. When the Citizenship Voting Requirement amendment was proposed, Secretary of State Frank LaRose (R) also commented on the referendum that passed in Yellow Springs. "This is a smart preventative measure that will provide the certainty needed to ensure this right is protected for Ohioans ... As recently as 2020, I was able to put a stop to a misguided effort by the Yellow Springs Village Council when they tried to bestow the precious right to vote to non-citizens," he said.

In 2019, the village of Yellow Springs, Ohio, held a referendum on whether or not non-citizens could vote in local elections. The ballot measure read:

“Residents of the Village of Yellow Springs who are non-US citizens shall be electors and are eligible to vote for Yellow Springs local issues and elected officials pursuant to the home rule power and granted by this Charter.”

The referendum passed by a margin of 891–650 (58%–42%). After the referendum passed, LaRose put out a press release saying that only U.S. citizens could vote in Ohio elections and that allowing noncitizens to vote violated both the United States Constitution and the Ohio Constitution. The United States Constitution states that "Every citizen of the United States … who has been a resident of the state, county, township, or ward, such time as may be provided by law … is entitled to vote at all elections…" Section 1 of Article V of the Ohio Constitution states that "Every citizen of the United States who is of the age of eighteen years or over and who has been a resident of the state thirty days immediately preceding the election at which the citizen offers to vote, is a resident of the county and precinct in which the citizen offers to vote, and has been registered to vote for thirty days, has the qualifications of an elector and may vote at all elections in the precinct in which the citizen resides."

The village of Yellow Springs responded by stating that home rule, cited in Article XVIII, Section 3 of the Ohio Constitution, allowed them to make the decision. Section 3 of Article XVIII states that "Municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws." LaRose responded that home rule only applies when it does not conflict with state laws.

LaRose then directed the Greene County Board of Elections to not accept any voter registrations from noncitizens and to cancel the voter registrations of any non-citizen residents of the Village of Yellow Springs who had already registered to vote.

Noncitizen voting in the United States

In 1996, the Illegal Immigration Reform and Immigrant Responsibility Act was enacted, which formally prohibited noncitizens from voting in federal elections. As of 2022, federal law did not address state or local elections.

Other constitutions on voting by citizenship

As of 2022, 45 states had constitutions that say that "every citizen" or "all citizens" can vote in elections. As of 2022, five states—Alabama, Arizona, Colorado, Florida, and North Dakota—had it written in their constitutions that "only" United States citizens can vote in elections.

• Alabama: In 2020, voters approved of Amendment 1, which changed the state constitution to read that "only a citizen of the United States" can vote in elections.
• Arizona: Arizona's state constitution reads that "No person shall be entitled to vote... unless such person be a citizen of the United States"
• Colorado: In 2020, voters approved of Amendment 76, which amended the state constitution to say that "only a citizen of the United States" can vote in elections.
• Florida: In 2020, voters approved of Amendment 1, which amended the state constitution to say that "only a citizen of the United States" can vote in elections.
• North Dakota: In 2018, voters approved of Measure 2, which amended the state constitution to say that "only a citizen of the United States" can vote in elections.

Localities that allowed noncitizen voting in local elections

As of October 2022, 11 municipalities in Maryland and two municipalities in Vermont allowed noncitizens to vote in local elections. San Francisco allowed noncitizens to vote in school board elections by approving Proposition N in 2016.

On January 9, 2022, New York City Mayor Eric Adams signed a bill that would allow 800,000 noncitizens to vote in municipal elections starting in January 2023.

Previous approved voting citizenship requirement ballot measures

Four states approved ballot measures that amended state constitutions to read that only a citizen of the United States, rather than every citizen of the United States, is entitled to vote. All of these amendments were approved.

• Alabama Amendment 1, Citizenship Requirement for Voting Measure (2020)
• Colorado Amendment 76, Citizenship Requirement for Voting Initiative (2020)
• Florida Amendment 1, Citizen Requirement for Voting Initiative (2020)
• North Dakota Measure 2, Citizen Requirement for Voting Amendment Initiative (2018)

2022 citizenship requirement ballot measures

One other state, Louisiana, had a ballot measure that proposed amending the state constitution to change citizenship voting requirements.

Path to the ballot

See also: Amending the Ohio Constitution

In Ohio, a 60 percent vote in each legislative chamber during one legislative session is required to refer a legislatively referred constitutional amendment to the ballot. That amounts to a minimum of 60 votes in the Ohio House of Representatives and 20 votes in the Ohio State Senate, assuming no vacancies. Amendments do not require a governor's signature to be referred to the ballot.

The amendment was introduced in the Ohio House of Representatives on May 17, 2022. It passed the House on May 25, 2022, by a vote of 68-28. It passed the Ohio State Senate on June 1, 2022, with a vote of 32-0.

Vote in the Ohio House of Representatives May 25, 2022
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 59  a
	Yes	No	Not voting
Total	68	28	0
Total percent	68.68%	28.28%	0%
Democrat	5	28	0
Republican	63	0	0

Vote in the Ohio State Senate June 1, 2022
Requirement: Three-fifths (60 percent) vote of all members in each chamber
Number of yes votes required: 19  a
	Yes	No	Not voting
Total	32	0	0
Total percent	100%	0%	0%
Democrat	7	0	0
Republican	25	0	0

How to cast a vote

See also: Voting in Ohio

See below to learn more about current voter registration rules, identification requirements, and poll times in Ohio.

How to vote in Ohio

Poll times

In Ohio, all polling places are open from 6:30 a.m. to 7:30 p.m. Eastern Time. Voters who are in line at 7:30 p.m. are permitted to vote.

Registration

Check your voter registration status here.

To register to vote in Ohio, an applicant must be a United States citizen, a resident of Ohio for at least 30 days before the election, and at least 18 years old by the day of the election. Individuals who are incarcerated for a felony conviction, have been declared by a court to be incompetent for voting purposes, or have been permanently disenfranchised may not register to vote.

Applicants may register to vote online, in person, or by mail. The Ohio Voter Registration and Information Update Form is available online and can be requested by mail. In-person voter registration is available at various locations including the secretary of state and board of elections offices, Ohio Bureau of Motor Vehicles offices, public libraries and high schools, and other state agencies. A full list of locations is available here.

The deadline to register to vote is 30 days before the next election. An Ohio driver’s license number, state ID card number, or the last four digits of a SSN is required in order to register to vote or update a voter registration.

Automatic registration

Ohio does not practice automatic voter registration.

Online registration

See also: Online voter registration

Ohio has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

Ohio does not allow same-day voter registration.

Residency requirements

Prospective voters must be residents of Ohio for at least 30 days before the election.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Ohio does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, "whoever commits election falsification is guilty of a felony of the fifth degree."

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Ohio Secretary of State’s Office allows residents to check their voter registration status online by visiting this website.

Voter ID requirements

Ohio requires voters to present photo identification while voting.

The following list of accepted ID was current as of April 2023. Click here for the Ohio Secretary of State page on accepted ID to ensure you have the most current information.

“

Ohio driver's license; State of Ohio ID card; Interim ID form issued by the Ohio BMV; A US passport; A US passport card; US military ID card; Ohio National Guard ID card; or US Department of Veterans Affairs ID card All photo IDs must have the following: An expiration date that has not passed; A photograph of the voter; The voter’s name, which must substantially conform to the voter’s name as it appears in the Poll List or in the Poll Book

”

See also

2022 measures

• 2022 ballot measures
• Voting policy measures on the ballot

Ohio

• Ohio ballot measures
• Ohio ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• House Joint Resolution 4 (2022)