Moderate Republican House Speaker Jason Stephens (R-Kitts Hill) on Tuesday once again delayed a floor vote on the Ohio Constitution Protection Amendment, House Joint Resolution (HJR) 1, which aims to alter the process of how initiative petitions can propose constitutional amendments.
The measure, if approved, would mandate a 60 percent approval percentage for any future constitutional amendments, call for signatures from all 88 counties, and do away with the opportunity to “cure” petitions by collecting additional signatures if necessary.
His decision to delay the vote until next week could cause the vote to conflict with its Wednesday deadline. Ohio Secretary of State Frank LaRose said that lawmakers need to pass the legislation in both the House and Senate by May 10th in order to place it on an August ballot.
Stephens, who has made minimal comments about the amendment since its introduction, did tell reporters in April that “if I bring it (HJR 1) to the floor I’m going to vote for it.”
On Tuesday, Stephens told reporters he understands this is an important issue.
“We know this is a very important issue. This is dealing with our constitution. So, it’s the most important issue before the House right now,” Stephens said.
The only remaining obstacle to the resolution’s passage is a vote on the House floor. The Ohio Senate has already approved a bill that would enable the issue to be put before voters at a special election in August and Senate Joint Resolution (SJR) 2, a piece of companion legislation. On Tuesday, the Ohio House Constitutional Resolutions Committee passed the proposed amendment on a 7-6 vote. State Representative Brett Hillyer (R-Uhrichsville) voted with Democrats in opposition.
Last month, Ohio Governor Mike DeWine said that he would sign a bill Senate Bill (SB) 92 allowing an August special election to decide whether to alter the process of how initiative petitions can propose constitutional amendments if both chambers of the state legislature pass it.
Lawmakers do not need DeWine’s signature for a passed proposed constitutional amendment to go before voters. However, SB 92 would require DeWine to sign off on the bill.
State Representative Beth Lear (R-Galena) told The Ohio Star that the delay is very concerning.
“I certainly hope he has a plan to have both SB 92 and SJR2 on the floor next Wednesday. If not we will miss the deadline. That will certainly make it look like the Democrats were right when some told the press that they were promised this issue would not go to the floor for a vote if they supported him (Stephens) for Speaker,” Lear told The Star.
It will take a three-fifths majority of the 99-member House to pass the resolution to put before voters. However, according to the House Clerk, Republicans will need only 59 votes, not the statehouse consensus of 60 to place HJR 1 on the August ballot.
According to the clerk, in his interpretation of the Ohio Constitution, with two currently open House seats, Republicans need 59 votes to pass a proposed constitutional amendment. With 97 currently serving members of the House, the needed majority of 60 percent would be met with 59 votes in favor.
Two House seats are currently vacant due to the passing of State Representative Kris Jordan (R-Ostrander) and the resignation of State Representative Brian Baldridge (R- Winchester) to take a job as state agriculture director.
State Representative Ron Ferguson (R-Wintersville) said they have 60 votes regardless of if the necessary amount is 59.
“We have 60 votes in the House. I’ve seen it with my own eyes. Just need it brought to the floor,” Ferguson (pictured above, right) said.
Amendment sponsor, State Representative Brian Stewart (R-Ashville) told The Star that he remains optimistic that Stephens will do the right thing and bring the resolution to a floor vote.
“The votes are there and obviously when the votes are there we are all pretty interested in seeing a vote as soon as possible but we do have additional time. I am a glass-half-full legislator and I am going to continue to be optimistic that leadership will do the right thing on this resolution until the deadline,” Stewart told The Star.
A newly formed political action committee (PAC) has also been set up to push Stephens to call a vote on the amendment.
Save Our Constitution PAC is running radio, texting, digital, and television ads targeting specific House members and Stephens. The ads urge voters to call Stephens’ office to press him to call for votes on the Ohio Constitution Protection Amendment.
“Our Constitution has been hijacked by special interests and legislators have an opportunity – and duty — to stop it by voting to put the Constitution Protection Amendment on the August ballot. Speaker of the House Jason Stephens has the power to protect Our Constitution,” Save Our Constitution PAC said.
The legislation comes at a time when pro-abortion activists are working to pass a proposed constitutional amendment in November that would legalize abortion throughout the state.
A second proposed amendment that would eventually raise the state’s minimum wage will likely appear on a 2024 ballot.
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Hannah Poling is a lead reporter at The Ohio Star and The Star News Network. Follow Hannah on Twitter @HannahPoling1. Email tips to [email protected]
Photo “Jason Stephens” by Jason Stephens.
Editor’s Note: Beth Lear was a journalist with The Ohio Star from May 2019 to December 2019.