Ohio Legislative Approval, Hearings, and Liability for Nuclear Power Plants Initiative (1976)

Ohio Hearings for Nuclear Power Plants Initiative
Election date November 2, 1976
Topic Energy and Nuclear energy
Status Defeated
Type Initiated constitutional amendment	Origin Citizens

Ohio Hearings for Nuclear Power Plants Initiative was on the ballot as an initiated constitutional amendment in Ohio on November 2, 1976. It was defeated.

A "yes" vote supported amending the state constitution to: require legislative approval before the construction or expansion of nuclear power plants or related facilities, following public hearings, and require insurance or indemnification for damages, public review of emergency plans, strict liability for injuries, classification of nuclear-related damages as ultrahazardous, and allow judicial enforcement by the attorney general or any citizen.

A "no" vote opposed amending the state constitution to requiring legislative approval before the construction or expansion of nuclear power plants or related facilities, among other changes.

Election results

Ohio Hearings for Nuclear Power Plants Initiative
Result		Votes	Percentage
Yes		1,150,360	31.85%
No		2,462,000	68.15%

Results are officially certified.

Source

Text of measure

Ballot title

The ballot title for Hearings for Nuclear Power Plants Initiative was as follows:

“

To adopt Article XV, Section 11, Ohio Constitution Relative to establishing procedures for legislative hearings and approval of safety fears of nuclear power plants and related facilities prior to their construction or expansion and procedures for compensation of persons who are injured or damaged by their operation or existence. This proposed amendment provides:  That prior to construction or expansion of a nuclear power plant or related facility, legislative approval must first be obtained. Approval is governed by certain guidelines and procedures and hearings must be held. In addition the applicant must acquire sufficient insurance or indemnification to compensate persons who have been injured or damaged. Exceptions from compliance for certain nuclear power plants facilities and activities. For publication and public review of the adequacy and accuracy of emergency medical aid and evacuation plans for all communities affected by nuclear power plants and related facilities in the state. Procedures for an injured party to recover damages, in addition to any other remedy including Workmen's Compensation, which are caused by the existence or operation of any nuclear power plant related facility. Defendants in any such suit are to be held strictly liable without proof of negligence. Acts which caused such damages shall be deemed ultrahazardous activities. For judicial review and decision for noncompliance with provisions of the proposed amendment upon petition by the Attorney General or any citizen. Shall the proposed amendment be adopted?

”

Path to the ballot

See also: Signature requirements for ballot measures in Ohio

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

1976 Measures

• 1976 Measures
• Energy on the ballot
• Nuclear energy on the ballot
• 1976 legislative sessions

Ohio

• Ohio ballot measures
• Ohio ballot measure laws

News and analysis

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

External links

• Toledo Blade, "Ballot Language, Arguments, and Full Text of Amendments to the Ohio Constitution Proposed by Initiative Petition to be Submitted to the Voters at the General Election November 2, 1976," October 21, 1976