WHITE PAPER: Analysis of Ohio Bills on Ballot Initiative Signature Gathering
The Ohio Constitution Protection Act and the Ohio Ballot Initiative Modernization Act are two concept bills up for consideration.
Introduction
The Ohio Constitution Protection Act and the Ohio Ballot Initiative Modernization Act are two concept bills for consideration by the Ohio state legislature that address signature gathering for ballot initiatives in Ohio. These bills propose changes to the process of collecting signatures for ballot initiatives and are aimed at ensuring the integrity and transparency of the process. In this white paper, we will analyze the key provisions of each bill, assess their potential impact, and offer recommendations for future action.
Ohio Constitution Protection Act
(amends the Ohio revised code)
The Ohio Constitution Protection Act proposes to amend section 3501.381 of the Ohio Revised Code to allow for electronic petition gathering with a video signature, require identification verification, and ban the practice of paying petition gatherers. This does not amend the Ohio Constitution and can be implemented immediately. This would stymie efforts to collect signatures for the abortion expansion ballot initiative being circulated. Here are some of the key provisions of the bill:
Electronic petition gathering with a video signature: If the Ohio State Constitution is amended to allow video signatures, Ohio residents may sign a petition electronically and without a witness for a ballot initiative using a video signature. The video signature must include a clear video statement by the Ohio resident expressing support for the ballot initiative, a clear picture of the front and back of a state-issued identification card, a clear static picture of the Ohio resident, the residential address of the signer, and an email address or phone number capable of receiving texts.
Identification verification: The bill requires that any person who signs a petition for a ballot initiative must be a valid voter, duly registered to vote in Ohio, and eligible to vote in Ohio.
Ban on paying petition gatherers: The bill prohibits the practice of paying petition gatherers, which is a common practice in many states.
Moves ballot initiatives to only even-numbered year election during the general election when the largest amount of Ohio voters show up to vote.
If passed, the Ohio Constitution Protection Act would bring significant changes to the process of collecting signatures for ballot initiatives in Ohio. Electronic petition gathering with a video signature would increase the convenience and accessibility of the process, while the ban on paying petition gatherers would reduce the potential for fraud and corruption. However, the bill may face some opposition from groups that rely on paid petition gatherers to collect signatures for their initiatives.
Ohio Ballot Initiative Modernization Act
(amends the Ohio Constitution)
This is an Amendment to the Ohio Constitution. The Ohio Ballot Initiative Modernization Act proposes to regulate signature-gathering for ballot initiatives by limiting outsider funding for signature-gathering efforts in Ohio. Here are some of the key provisions of the bill:
Limitation on outsider funding: The bill limits outsider funding for signature-gathering efforts in Ohio by prohibiting any person or entity from paying or receiving compensation for signature-gathering efforts for a ballot initiative in Ohio.
If passed, the Ohio Ballot Initiative Modernization Act and the Ohio Constitution Protection Act would significantly impact the way ballot initiatives are conducted in Ohio.
The Ohio Ballot Initiative Modernization Act will prohibit paying for petition gatherers - the main way outside organizations get ballot signatures. Additionally, the Act would impose a fine of no less than one thousand times Ohio’s minimum hourly wage for non-tipped employees per violation on any person or entity that violates the Act.
The Ohio Constitution Protection Act, on the other hand, aims to modernize the signature-gathering process by allowing for electronic petition gathering with a video signature. If passed, Ohio residents would be able to sign a petition electronically and without a witness for a ballot initiative using a video signature, provided that the video signature includes a clear video statement by the Ohio resident expressing support for the ballot initiative, a clear picture of the front and back of a state-issued identification card, a clear static picture of the Ohio resident, the residential address of the signer, and an email address or phone number capable of receiving texts. This makes it easier for legitimate Ohio grassroots organizations to form and champion changes to the Ohio Constitution. A video signature can be collected by a smartphone app.
The Ohio Secretary of State would be empowered to establish a system of data access for validating the authenticity of video signatures at the time of submittal for a ballot initiative, including connecting to voter and other Ohio databases to confirm that petition signers are valid and registered voters. Video signature petitions may be gathered at any time by a secure electronic means, but the Ohio Secretary of State is expressly prohibited from placing any ballot initiative utilizing video signature petitions on the ballot in odd-numbered years. This means that a majority of Ohio voters will decide Ohio’s laws rather than being decided in off-election years when a minuscule amount of voters vote.
The Ohio Constitution Protection Act also bans the practice of paying petition gatherers and imposes a fine of up to no less than two thousand times Ohio’s minimum hourly wage for non-tipped employees per violation on any person or entity that violates this ban. However, the Act does not limit the rights of Ohio residents to engage in signature gathering for a ballot initiative.
If both bills are passed, Ohio would see significant changes to its ballot initiative process. The Ohio Ballot Initiative Modernization Act would increase transparency and accountability in the signature-gathering process by requiring individuals and entities to disclose their involvement in signature-gathering efforts. The Ohio Constitution Protection Act would modernize the signature-gathering process by allowing for electronic petition gathering with a video signature while also banning the practice of paying petition gatherers to prevent potential fraud and abuse. Both bills would have a significant impact on the ballot initiative process in Ohio and could potentially set a precedent for other states to follow.
Conclusions
The abortion expansion ballot initiative would be greatly hindered by not being able to pay for signature gatherers. Urge your legislator to support, introduce, and pass the Ohio Constitution Protection Act. The quicker the Ohio General Assembly can pass this legislation the more likely we are to stop the expansion of abortion in Ohio.
There is a tremendous financial incentive to use video signatures in place of a handwritten signature because it greatly reduces signature gathering expenses.
Video signatures will provide for greater security and greater accuracy for ballot initiatives. Much of the verification and challenge process can be automated with video signatures.
Pushing ballot initiatives to even numbered years helps to ensure that when an initiative passes into law that it represents the will of a majority of Ohio voters.