Ohio Issue 5, Prohibit Smoking in Public Places Initiative (2006)

Ohio Issue 5
Election date November 7, 2006
Topic Smoking bans and Tobacco laws
Status Approved
Type Indirect initiated state statute	Origin Citizens

Ohio Issue 5 was on the ballot as an indirect initiated state statute in Ohio on November 7, 2006. It was approved.

A "yes" vote supported prohibiting the smoking of tobacco in public places and places of employment except in designated smoking areas.

A "no" vote opposed prohibiting the smoking of tobacco in public places and places of employment except in designated smoking areas.

Election results

Ohio Issue 5
Result		Votes	Percentage
Yes		2,370,314	58.52%
No		1,679,833	41.48%

Results are officially certified.

Source

Text of measure

Ballot title

The ballot title for Issue 5 was as follows:

“

To enact Chapter 3794. of the Ohio Revised Code to restrict smoking in places of employment and most places open to the public. The proposed law would: Prohibit smoking in public places and places of employment; Exempt from the smoking restrictions certain locations, including private residences (except during the hours that the residence operates as a place of business involving non-residents of the private residence), designated smoking rooms in hotels, motels, and other lodging facilities; designated smoking areas for nursing home residents; retail tobacco stores, outdoor patios, private clubs, and family-owned and operated places of business; Authorize a uniform statewide minimum standard to protect workers and the public from secondhand tobacco smoke; Allow for the declaration of an establishment, facility, or outdoor area as nonsmoking; Require the posting of “No Smoking” signs, and the removal of all ashtrays and similar receptacles from any area where smoking is prohibited; Specify the duties of the department of health to enforce the smoking restrictions Create in the state treasury the “smoke free indoor air fund;” Provide for the enforcement of the smoking restrictions and for the imposition of civil fines upon anyone who violates the smoking restrictions. A majority yes vote is necessary for passage. Shall the proposed amendment be adopted?

”

Path to the ballot

See also: Signature requirements for ballot measures in Ohio

An indirect initiated state statute is a citizen-initiated ballot measure that amends state statute. There are nine (9) states that allow citizens to initiate indirect state statutes.

While a direct initiative is placed on the ballot once supporters file the required number of valid signatures, an indirect initiative is first presented to the state legislature. Legislators have a certain number of days, depending on the state, to adopt the initiative into law. Should legislators take no action or reject the initiative, the initiative is put on the ballot for voters to decide.

In Ohio, initiated state statutes begin as indirect initiatives, with campaigns needing to collect signatures equal to 3 percent of the votes cast for governor to place their proposal before the Ohio State Legislature. If the legislature fails to enact the proposed legislation, additional signatures equaling another 3 percent of the gubernatorial vote must be collected in order to place the measure the ballot as a direct initiative. A simple majority vote is required for voter approval.

See also

2006 Measures

• 2006 Measures
• Tobacco laws on the ballot
• Smoking bans on the ballot
• 2006 legislative sessions

Ohio

• Ohio ballot measures
• Ohio ballot measure laws

News and analysis

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

External links

• Legislative Reference Bureau, "Proposed Constitutional Amendments, Initiated Legislation, and Laws Challenged by Referendum, Submitted to the Electors," December 7, 2018