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Ohio Minimum Wage Increase Initiative (2020)

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Ohio Minimum Wage Increase Initiative
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Election date
November 3, 2020
Topic
Minimum wage
Status
Not on the ballot
Type
Constitutional amendment
Origin
Citizens


The Ohio Minimum Wage Increase Initiative was not on the ballot in Ohio as an initiated constitutional amendment on November 3, 2020.

The initiative would have incrementally increased the state's minimum wage to $13 per hour by January 1, 2025. After 2025, the minimum wage would have been tied to inflation. The first increase would have been on January 1, 2021, to $9.60 per hour.[1][2]

Text of measure

Ballot title

The title for this measure submitted by petitioners was as follows:[2]

Raise the Wage Ohio[3]

Ballot summary

The summary for this measure submitted by petitioners was as follows:[2]

The Amendment would amend Article II. Section 34a of the Ohio Constitution to increase the state minimum wage rate. Specifically. the Amendment would:

  • Increase the state minimum wage rate to $9.60 per hour on January 1, 2021.
  • After January 2021, increase the state minimum wage rate in equal increments annually for four years to reach $13 per hour on January 1, 2025.
  • After January 2025, annually adjust the state minimum wage rate for inflation, consistent with the existing language.
  • Provide the state minimum wage will increase to match the federal minimum wage if the federal minimum wage is higher at any time, and that the state minimum wage shall be subject to the subsequent rate of inflation increases set forth in the Section and, if less than thirteen dollars per hour, shall be increased in equal increments annually until it is $13 per hour on January 1, 2025.

The Amendment does not change any exemptions to the state minimum wage currently in the Section. [3]

Full text

The full text of the measure is available here.

Support

Ohioans for Raise the Wage led the campaign in support of the initiative.[4]

Opposition

If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Path to the ballot

See also: Laws governing the initiative process in Ohio

In Ohio, the number of signatures required to get an initiated constitutional amendment placed on the ballot is equal to 10 percent of the votes cast in the preceding gubernatorial election. 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.

The requirements to get an initiated constitutional amendment certified for the 2020 ballot:

County boards of elections are responsible for verifying signatures, and the secretary of state must determine the sufficiency of the signature petition at least 105 days before the election. If the first batch of signatures is determined to be insufficient, the petitioners are given a ten-day window to collect more signatures.

Stages of this initiative

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  • Anthony A. Caldwell, James E. Hayes, David G. Latanick, and Pierrelle M. Talley filed the initiative with the Ohio Attorney General on January 17, 2020.[2]
  • On January 27, 2020, Ohio Attorney General Dave Yost certified the summary of the amendment.[5]
  • On February 5, 2020, the initiative was certified to begin gathering signatures after the Ohio Secretary of State determined it met the single-subject ballot measure requirement.[6]
  • On March 30, 2020, initiative sponsors filed a lawsuit in the Franklin County Court of Common Pleas asking for the signature deadline to be extended, the number of signatures required to be reduced, and permission to gather signatures online. James Hayes, a spokesperson for the campaign, said, "It might be a long shot that the court will side with us, but we thought it was a shot worth taking. ... And we think that this would be a good decision, a worthwhile decision, in line with protecting the First Amendment rights of Ohioans across the state."[7]
    • On April 28, Judge David C. Young dismissed the case arguing that since the petition requirements for initiatives are in the Ohio Constitution "the ability to change those requirements is reserved only to the people." He added that there is no exception for public health emergencies.[8]
    • On May 19, U.S. District Judge Edmund A. Sargus ordered Ohio to accept electronic signatures from the ballot measure campaigns and extended the signature deadline from July 1 to July 31. Judge Sargus argued in his opinion that "these unique historical circumstances of a global pandemic and the impact of Ohio's Stay-at-Home Orders, the State's strict enforcement of the signature requirements for local initiatives and constitutional amendments severely burden Plaintiff's First Amendment rights." The judge's order applies only to the plaintiffs in the case.[9]
    • On May 21, Ohio Attorney General Dave Yost appealed the court's order.[10]
    • On May 26, a three-judge panel of the U.S. 6th Circuit Court of Appeals put a hold on the lower court's order that granted the campaign permission to gather signatures electronically and extended the deadline. The judges wrote, "There’s no reason that Plaintiffs can’t advertise their initiatives within the bounds of our current situation, such as through social or traditional media inviting interested electors to contact them and bring the petitions to the electors’ homes to sign."[10]
  • On June 18, 2020, the campaign announced that it would be suspending its efforts to place the initiative on the November ballot.[11]

See also

External links

Support

Opposition

Submit links to editor@ballotpedia.org.

Footnotes