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Ohio Constitution

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Ohio Constitution
Seal of Ohio.svg.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIIIXIXSchedule

The Ohio Constitution is the state constitution of Ohio.

  • The current Ohio Constitution was adopted in 1851.
  • Ohio has had two state constitutions.
  • The current state constitution has 19 articles.
  • The current Ohio Constitution has been amended 173 times.[1]
  • Voters last approved a new amendment to the Ohio Constitution on November 7, 2023, when voters approved Issue 1.

The Ohio Constitution can be amended with a legislative, citizen-initiated, or covention-referred constitutional amendment, all of which require voter approval.

A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.

Background

Ohio became the 17th state on March 1, 1803. The state's first constitution was from statehood until 1851, which was when the second constitution became effective. Ohio has held four state constitutional conventions, including 1802 and 1850-1851.[2]

The third state constitutional convention was held in 1873-1874. Delegates proposed several changes that would have restructured the state government. However, voters rejected the revised constitution.[2]

The fourth state constitutional convention was held in 1912 in Columbus, Ohio. There were 119 delegates, including 62 Democrats, 52 Republicans, three independents, and two socialists. Rather than proposing a new constitution, delegates proposed 42 constitutional amendments. Voters approved 34 (80.95%) and rejected eight (19.05%) of the constitutional amendments. One of the constitutional amendments created the citizen-initiated ballot measure process in Ohio.[2]

Preamble

See also: Preamble, Ohio Constitution and Preambles to state constitutions

The preamble to the Ohio Constitution states:

We, the people of the State of Ohio, grateful to Almighty God for our freedom, to secure its blessings and promote our common welfare, do establish this Constitution.[3]

Article I: Bill of Rights

See also: Article I, Ohio Constitution

Article I of the Ohio Constitution is entitled "Bill of Rights" and consists of 21 sections. The Ohio Constitution's Bill of Rights is substantially similar to its federal counterpart but also includes the right to alter, reform or abolish government; rights of conscience and education; rights for victims of crime; a prohibition of imprisonment for debt; and the right to payment of damages for wrongful death.

Click here to read this article of the Ohio Constitution.

Article II: Legislative

See also: Article II, Ohio Constitution

Article II of the Ohio Constitution is entitled "Legislature" and consists of 42 sections, four of which have been repealed.

Click here to read this article of the Ohio Constitution.

Article III: Executive

See also: Article III, Ohio Constitution

Article III of the Ohio Constitution is entitled "Executive" and consists of 22 sections, two of which have been repealed.

Click here to read this article of the Ohio Constitution.

Article IV: Judicial

See also: Article IV, Ohio Constitution

Article IV of the Ohio Constitution is entitled "Judicial" and consists of 23 sections, seven of which have been repealed.

Click here to read this article of the Ohio Constitution.

Article V: Elective Franchise

See also: Article V, Ohio Constitution

Article V of the Ohio Constitution is entitled "Elective Franchise" and consists of nine sections, two of which have been repealed.

Click here to read this article of the Ohio Constitution.

Article VI: Education

See also: Article VI, Ohio Constitution

Article VI of the Ohio Constitution is entitled "Education" and consists of six sections.

Click here to read this article of the Ohio Constitution.

Article VII: Public Institutions

See also: Article VII, Ohio Constitution

Article VII of the Ohio Constitution is entitled "Public Institutions" and consists of three sections.

Click here to read this article of the Ohio Constitution.

Article VIII: Public Debt and Public Works

See also: Article VIII, Ohio Constitution

Article VIII of the Ohio Constitution is entitled "Public Debt and Public Works" and consists of 17 sections, one of which have been repealed.

Click here to read this article of the Ohio Constitution.

Article IX: Militia

See also: Article IX, Ohio Constitution

Article IX of the Ohio Constitution is entitled "Militia" and consists of five sections, one of which has been repealed.

Click here to read this article of the Ohio Constitution.

Article X: County and Township Organizations

See also: Article X, Ohio Constitution

Article X of the Ohio Constitution is entitled "County and Township Organizations" and consists of four sections.

Click here to read this article of the Ohio Constitution.

Article XI: General Assembly Redistricting

See also: Article XI, Ohio Constitution

Article XI of the Ohio Constitution is entitled "General Assembly Redistricting" and consists of ten sections.

Click here to read this article of the Ohio Constitution.

Article XII: Finance and Taxation

See also: Article XII, Ohio Constitution

Article XII of the Ohio Constitution is entitled "Finance and Taxation" and consists of 13 sections, four of which have been repealed.

Click here to read this article of the Ohio Constitution.

Article XIII: Corporations

See also: Article XIII, Ohio Constitution

Article XIII of the Ohio Constitution is entitled "Corporations" and consists of seven sections.

Click here to read this article of the Ohio Constitution.

Article XIV: Ohio Livestock Care Standards Board

See also: Article XIV, Ohio Constitution

Article XIV of the Ohio Constitution is entitled "Ohio Livestock Care Standards Board" and consists of one section.

Click here to read this article of the Ohio Constitution.

Article XV: Miscellaneous

See also: Article XV, Ohio Constitution

Article XV of the Ohio Constitution is entitled "Miscellaneous" and consists of 11 sections, four of which have been repealed.

Click here to read this article of the Ohio Constitution.

Article XVI: Amendments

See also: Article XVI, Ohio Constitution

Article XVI of the Ohio Constitution is entitled "Amendments" and consists of three sections.

Click here to read this article of the Ohio Constitution.

Article XVII: Elections

See also: Article XVII, Ohio Constitution

Article XVII of the Ohio Constitution is entitled "Elections" and consists of two sections.

Click here to read this article of the Ohio Constitution.

Article XVIII: Municipal Corporations

See also: Article XVIII, Ohio Constitution

Article XVIII of the Ohio Constitution is entitled "Municipal Corporations" and consists of 14 sections.

Click here to read this article of the Ohio Constitution.

Article XIX: Congressional Redistricting

See also: Article XIX, Ohio Constitution

Article XIX of the Ohio Constitution addresses congressional redistricting and consists of three sections. Issue 1 of 2018 added Article XIX to the Ohio Constitution.

Click here to read this article of the Ohio Constitution.

Schedule

See also: Schedule, Ohio Constitution

The Schedule of the Ohio Constitution is follows 18 articles and a preamble.

Click here to read the schedule of the Ohio Constitution.

Amending the Ohio Constitution

The Ohio Constitution provides three mechanisms for amending the state's constitution—a citizen-initiated process, a legislative process, and a state constitutional convention. Ohio requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.

Initiative

See also: Initiated constitutional amendment

According to Section 1a of Article II, citizens have the power to initiate constitutional amendments 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.

Legislature

See also: Legislatively referred constitutional amendment

According to Article XVI, the state Legislature can refer constitutional amendments to the ballot for voters to decide. A 60% vote is required during one legislative session for the Ohio State Legislature to place a constitutional amendment on 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 the governor's signature to be referred to the ballot.

Convention

See also: Convention-referred constitutional amendment

According to Section 3 of Article XVI of the Ohio Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1932. Ohio is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next automatic constitutional convention question election years:

State Interval Last question on the ballot Next question on the ballot
Ohio 20 years 2012 2032


See also

Footnotes

  1. According to Steinglass and Scarselli (2022), the Constitution of 1851 had been amended 170 times through 2018. Since 2018, voters have approved three additional constitutional amendments.
  2. 2.0 2.1 2.2 Steinglass, S., et al. (2022). The Ohio State Constitution. New York, NY: Oxford University Press
  3. Ohio General Assembly, "Ohio Constitution Online," accessed March 30, 2014