Hundreds gather in the atrium of the Ohio statehouse to protest the passage of Senate Joint Resolution 2, which if approved by voters would make future constitutional amendments harder to pass in Ohio.
Jake Zuckerman| cleveland.com (TNS)
COLUMBUS — For 24 hours, Republican state lawmaker Sharon Ray had killed the upcoming Aug. 8 election.
The Republican-dominated state legislature Tuesday was on the cusp of passing a proposed amendment to Ohio’s Constitution. If approved by a simple majority of voters, future constitutional amendments would require the support of more than 60% of electors, instead of the current 50%, throwing out a century-old rule. Other changes would also make it harder for citizens to make the ballot in the first place.
Backers needed to pass Senate Joint Resolution 2 by Wednesday to put the question to voters. That way, it would apply to an expected November referendum to protect abortion access in Ohio. That was after Republicans six months ago eliminated most August elections in Ohio, arguing they’re overly expensive and inevitably produce meager turnouts.
Ray, a former elections official in Medina County who co-sponsored the anti-August law last year, forced an amendment Tuesday that purged the August election from the 60% proposal. That would put the question on the November ballot, and the abortion rights amendment would need the current simple majority threshold to pass.
Several lawmakers suggested after the Tuesday meeting that the August election language would soon return, which is exactly what happened Wednesday. But the otherwise fruitless exercise forced an awkward proxy vote for Republicans. Every House Republican voted last year to eliminate most August elections; 10 Republicans voted Wednesday against reinserting the August election in the resolution.
Five of those 10 Republicans supported the bill anyway.
In interviews, three of the five Republicans said they oppose August elections, even after they voted for a resolution that has the effect of scheduling one. Democrats – who say the underlying resolution is anti-democratic and Republicans’ flip-flop on August elections is a naked showing of hypocrisy – described it as just another cynical move within a concerted power grab.
“It’s incomprehensible,” said Rep. Elliot Forhan, a Cleveland-area Democrat. “There are no principles in operation here.”
August is out
Ray sits on the House Rules Committee, which plays gatekeeper to legislation coming to the floor. With Athens County GOP Rep. Jay Edwards siding with Democrats in opposition, Republicans needed Ray’s support to vote out the resolution for a full House vote.
“I made a promise to our board of election members,” Ray said, proposing the amendment that removed references to an Aug. 8 election. She had previously aired concerns of whether counties can find workers to staff an unexpected August election.
The committee adopted the amendment and passed the resolution on a 7-5 vote. Four Democrats, plus Edwards opposed.
The Ohio Association of Election Officials has long opposed August elections, this year’s included, and county elections directors of both parties spoke out against the August plan. They noted an Aug. 9 filing deadline, one day after the election, for candidates in local races, potentially overloading their offices. (A spokesman on Thursday said county boards will heed all administrative directions to the best of their abilities to conduct a free, fair and honest Aug. 8 election.)
However, GOP House Speaker Jason Stephens said after the meeting Tuesday that the August language would “probably, possibly” come back into the bill a day later. Edwards and House Minority Leader Allison Russo, the ranking Democrat in the House, both hinted after the hearing that supporters would resurrect the August component.
Indeed, House Rep. Jim Hoops, a Napoleon Republican, offered the amendment reinstating the August election Wednesday afternoon. When it came to a vote, 10 Republicans joined all 33 Democrats in opposing the amendment. The amendment passed, and House Democrats began chanting “one person one vote” from the House floor. Members of the gallery joined in, prompting Stephens to direct the House sergeants-at-arms to eject members of the public from their seats.
In an interview Thursday, Ray acknowledged there was “talk” of the August election coming back on the floor after the committee hearing, but talk is cheap.
“Sometimes people say things, but when you’re on the House floor, they don’t follow through,” she said.
She defended her position, arguing she put forward an idea in good faith. Her amendment failed, and she supported the final product, which Republicans have described as a means of “protecting” the Constitution from well-monied, out-of-state special interest groups seeking changes.
Stephens said the 24-hour reversal allowed Republicans to “express their disapproval of an August election” but not “cancel out their vote for the resolution altogether.”
While Ray acknowledged that the question of abortion access has “comingled” in the constitutional debate, she said she was doing what’s best for her district. She said she “erred on the side of caution” by giving voters the final say.
“I would have preferred it not be in August, but I couldn’t find enough friends to support that position,” she said.
August is in
GOP Reps. Adam Holmes, Mike Loychik, Jon Cross, Gayle Manning and Ray all voted against the amendment reinstating the Aug. 8 amendment but supported the bill regardless.
In an interview before the vote and over the roar of hundreds who came out to protest, Cross insisted that he opposes August elections. He faulted the press for not “reporting this right” and dismissed any claim that he supports an August election. He noted that a separate, since-abandoned Senate Bill 92 would have appropriated $20 million to pay for the election and reverse some of last year’s law that eliminated August elections.
“It’s two f—-ing bills,” he said. “You can’t vote for one f—-ing bill if they get merged together. Nothing I can do to stop that.”
Holmes, speaking Thursday, made a robust case against the August elections.
He said it’s inconsistent with the bill he voted for last year; that floor amendments generally aren’t as well-vetted as committee-passed bills; that the most recent August election spawned a 9% turnout; that this is too “substantial” an issue to leave to so few voters; and that his local board of elections sees the election as a challenge in terms of cost and manpower.
But he said he supports the 60% rule, arguing there are too many amendments in the state Constitution that address policy and regulations as opposed to foundational principles of government. So he opted to leave it to voters.
Both men compared their votes to their outlook on the state budget – you take the good with the bad.
Manning and Loychik didn’t respond to voicemails.
The position isn’t unique to the House. Senator Nathan Manning, a North Ridgeville Republican, voted against SB92, but for the resolution.
“However, I do not agree with putting the special election in August,” he said.
After Wednesday’s final vote, Russo, the ranking House Democrat, scoffed at their political position.
“It shows an extreme lack of courage and the theatrics around trying to pretend that you stand on some principle, but when push comes to shove, caving to an extremist view,” she said.
