On the abortion-rights initiated amendment (Issue 1)
Officially, the abortion-rights amendment will now be known as Issue 1. It’s titled “A self-executing amendment relating to abortion and other reproductive decisions” on the November ballot, as approved by the board.
The language goes on to explain to voters that the amendment would establish an individual’s right to their own “reproductive medical treatment,” including but not limited to abortion. It also explains that the amendment creates legal protections from any person or entity that assists a person with exercising that right and prohibits “citizens of the State of Ohio” from burdening, penalizing, or prohibiting abortion, unless it’s demonstrably the least restrictive means.
The explanation also tells voters that a pregnant woman’s treating physician will be the one to determine, on a case-by-case basis, whether the fetus is viable, or if the mother’s health or life is in danger. It tells voters, too, that an “unborn child” can be aborted at any stage or pregnancy, regardless of viability, if it’s necessary to protect the life or health of the mother.
Points of debate
The language proposed by LaRose differed from the language within the amendment itself in several key areas, which prompted Sen. Paula Hicks-Hudson, D-Toledo, to formally ask the ballot board to simply adopt the language of the amendment itself. Her motion failed along party lines, 3-2.
“The ballot board should trust the people of Ohio and adopt the full text of the proposed amendments,” Hicks-Hudson said. Her colleague Rep. Elliott Forhan, D-South Euclid, said the secretary of state’s proposed language was “rife with misleading and deceptive language.”
Forhan noted that the official language only addresses abortion and doesn’t address the other areas of reproductive rights that the amendment protects, including contraception, fertility treatment, miscarriage care, and the continuation of one’s own pregnancy. He noted, too, that the ballot language says that the “citizens of Ohio” from directly or indirectly impeding with abortions, whereas the amendment itself restricts the state.
Where the amendment refers to a “fetus,” the ballot language will now refer to an “unborn child.” Forhan said this change reflects the Republican board member’s “personal viewpoint.”
Sen. Theresa Gavarone, R-Bowling Green, said the Ballot Board couldn’t just put the language of the amendment onto the ballot because, in her view, the amendment was intentionally drafted to be deceptive.
“The truth about this dangerous proposed amendment is hidden behind overly broad language,” Gavarone said in the midst of a speech railing against the amendment itself, a behavior that is generally not in keeping with the Ohio Ballot Board’s standard proceedings, as noted by LaRose several times throughout the meeting.
Her concern was rooted in what she characterized as the legalization of “painful, late term abortions.”
“As a woman and a mother, I consider it an abomination that we’re even talking about amending our constitution to allow for painful, late term abortions — an abomination. But that’s not why we’re here today. We’re here to create ballot language that accurately describes the proposed amendment, as written,” Gavarone said, before noting that she was proud to correct the record with the official ballot language.
LaRose reminded Gavarone that, despite agreeing with her sentiment, that the meeting is not meant to be a place to debate the merits. Hicks-Hudson said she was “appalled” by Gavarone’s comments.
“(It) really shows that this maybe really isn’t about the citizens and allowing them to make a decision, but rather (this meeting is being used) to discuss the merits,” Hicks-Hudson said.
The board shortly thereafter voted to approve the official language 3-2.
“Having worked extensively on drafting this, I do believe it’s fair and accurate,” LaRose said. “Again, I think we’re going to have to agree to disagree on that. Of course, the written text of a 250+ word constitutional amendment creates, what I consider, a number of very substantial changes to the Ohio Constitution, we tried to summarize that the best way we can.”
On legalizing recreational marijuana through initiated statute (Issue 2)
Issue 2 this November will be a vote to legalize recreational marijuana use for Ohioans 21 or older. The ballot board titled the initiative, “To Commercialize, Regulate, Legalize, and Tax the Adult Use of Cannabis.”
Its ballot language, agreed upon unanimously, explains the various different regulations and rules that would go into effect if Ohioans were to pass it this November.
The language explains that the statute would legalize and regulate the cultivation, processing, sale, purchase, possession, home grow and use of cannabis and add an additional 10% sales tax on all recreational marijuana sales.
Ballot language
Issue 1
A Self-Executing Amendment Relating to Abortion and Other Reproductive Decisions
Proposed Constitutional Amendment
Proposed by Initiative Petition
To enact Section 22 of Article I of the Constitution of the State of Ohio
A majority yes vote is necessary for the amendment to pass.
The proposed amendment would:
• Establish in the Constitution of the State of Ohio an individual right to one’s own reproductive medical treatment, including but not limited to abortion;
• Create legal protections for any person or entity that assists a person with receiving reproductive medical treatment, including but not limited to abortion;
• Prohibit the citizens of the State of Ohio from directly or indirectly burdening, penalizing, or prohibiting abortion before an unborn child is determined to be viable, unless the State demonstrates that it is using the least restrictive means;
• Grant a pregnant woman’s treating physician the authority to determine, on a case-by-case basis, whether an unborn child is viable;
• Only allow the citizens of the State of Ohio to prohibit an abortion after an unborn child is determined by a pregnant woman’s treating physician to be viable and only if the physician does not consider the abortion necessary to protect the pregnant woman’s life or health; and
• Always allow an unborn child to be aborted at any stage of pregnancy, regardless of viability if, in the treating physician’s determination, the abortion is necessary to protect the pregnant woman’s life or health.
If passed, the amendment will become effective 30 days after the election.
Issue 2
To Commercialize, Regulate, Legalize, and Tax the Adult Use of Cannabis
Proposed Law
Proposed by Initiative Petition
To enact Chapter 3780 of the Ohio Revised Code
A majority yes vote is necessary for the law to pass.
To enact Chapter 3780 of the Ohio Revised Code, which would:
• Define adult use cannabis to mean marijuana as defined in Section 3719.01 of the Revised Code and establish the Division of Cannabis Control (the “Division”) within the Department of Commerce;
• Authorize the Division to regulate, investigate, and penalize adult use cannabis operators, adult use testing laboratories, and individuals required to be licensed; • Legalize and regulate the cultivation, processing, sale, purchase, possession, home grow, and use of cannabis by adults at least twenty-one years of age;
• Create additional protections for individuals who engage in permitted adult use cannabis conduct; • Establish the cannabis social equity and jobs program and require the Department of Development to certify program applicants based on social and economic disadvantage;
• Define “social disadvantage” to include membership in a racial or ethnic minority group, disability status, gender, or long-term residence in an area of high unemployment;
• Shield certain confidential information from disclosure to the public, including but not limited to any information reported to or collected by the Division that identifies or would tend to identify any adult use cannabis consumer and prohibit the Department of Development from releasing certain application information as public records;
• Require the Division to provide preferential treatment to applicants who have qualified for the cannabis social equity and jobs program based on social disadvantage when issuing level III adult use cannabis cultivator licenses and dispensary licenses;
• Prohibit certain local government entities from limiting specific research, levying a tax, or charge on adult use operations, their owner, or their property not generally charged on other business, and prohibit certain local government entities from prohibiting or limiting adult use cannabis home grow or prohibiting or restricting an activity authorized by the proposed law;
• Authorize a landlord or an employer to prohibit the adult use of cannabis in certain circumstances, and prohibit the operation of a motor vehicle while using or under the influence of adult use cannabis and from using any other combustible adult use cannabis while a passenger in a motor vehicle;
• Limit criminal liability for certain financial institutions that provide financial services to any lawful adult use cannabis operator or testing laboratory licensed under the proposed law;
• Require the Division to enter into an agreement with the Department of Mental Health and Addiction Services to create a program for cannabis addiction services;
• Provide for the creation of five funds in the state treasury: the adult use tax fund; the cannabis social equity and jobs fund; the host community cannabis fund; the substance abuse and addiction fund; and the division of cannabis control and tax commissioner fund; and
• Provide for taxation of 10 percent on the sale of adult use cannabis by dispensaries in addition to usual sales taxes and require that all monies collected from the 10 percent tax levied to be deposited into the adult use tax fund and quarterly distributed as follows: 36 percent to the cannabis social equity and jobs fund; 36 percent to the host community cannabis facilities fund; 25 percent to the substance abuse and addiction fund; and three percent to the division of cannabis control and tax commission fund.
If passed, the law will become effective 30 days after the election.
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