Ohio Judicial Appointment Initiative (1938)
Ohio Judicial Appointment Initiative | |
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Election date |
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Topic County and municipal governance and State judiciary |
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Status |
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Type Initiated constitutional amendment |
Origin |
Ohio Judicial Appointment Initiative was on the ballot as an initiated constitutional amendment in Ohio on November 8, 1938. It was defeated.
A "yes" vote supported providing for the original appointment of judges to the supreme court and establishing a method for voters to adopt or rescind appointment procedures for lower courts. |
A "no" vote opposed providing for the original appointment of judges to the supreme court and establishing a method for voters to adopt or rescind appointment procedures for lower courts. |
Election results
Ohio Judicial Appointment Initiative |
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Result | Votes | Percentage | ||
Yes | 621,011 | 33.42% | ||
1,237,443 | 66.58% |
Text of measure
Ballot title
The ballot title for Judicial Appointment Initiative was as follows:
“ | An amendment to the Constitution of Ohio proposing that Section 1 of Article IV of the Constitution of Ohio be supplemented by adding sections 1a, 1b, 1c, 1d, 1e, 1f and 1g and that section 2, 5, 10, 13, 14, 15 and 18 of Article IV of the Constitution of Ohio be amended, so as to provide for the original appointment of judges of the supreme court and courts of appeals and to enable the voters of a county or municipality to adopt or rescind the adoption of the appointment method of selecting the judges of all lower courts in the county including municipal courts. The method of appointment is briefly as follows: when a vacancy occurs the governor reports the fact to the judicial council composed of eight members, as follows: one judge of the court of appeals, chosen by the judges of the courts of appeals; one common pleas judge, chosen by the common pleas judges, one probate judge, chosen by the probate judges; one municipal judge, chosen by the municipal judges; and three attorneys appointed by the governor. The judicial council recommends the names of not less than three nor more than five persons to the governor who must appoint one of those so recommended. The governor’s appointment requires confirmation by the senate. At the end of each six years of service the judges so appointed are required to run against their records at the general election on a ballot without competing candidates for retention and continuation in office. Judges already in office continue in office for the term for which elected. Counties and municipalities which do not vote to have their judges appointed will continue to elect them as at present. | ” |
Path to the ballot
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In Ohio, the number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval.
Ohio also requires initiative sponsors to submit 1,000 signatures with the initial petition application. Ohio has a signature distribution requirement, which requires that signatures be gathered from at least 44 of Ohio's 88 counties. Petitioners must gather signatures equal to a minimum of half the total required percentage of the gubernatorial vote in each of the 44 counties. Petitions are allowed to circulate for an indefinite period of time. Signatures are due 125 days prior to the general election that proponents want the initiative on.
See also
External links
Footnotes
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State of Ohio Columbus (capital) |
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