Ohio voters will participate in a special election on Tuesday to decide whether to make it more challenging to pass state constitutional amendments, including one related to abortion rights. The proposed constitutional measure, backed by Republicans, aims to raise the approval threshold for amendments from 50% to 60% of the vote. It would also introduce stricter standards for amendments to be placed on the ballot in the first place.
Although the specific content of the constitutional amendment does not address abortion, its timing is not coincidental. If approved, it would require a super-majority of voters to support a November referendum seeking to protect abortion rights statewide through the state constitution. Recent polls indicate that just under 60% of voters are in favor of the abortion amendment, implying that the outcome of Issue 1, as the ballot question is known, could have a significant impact. In anticipation, political groups on both sides of the abortion issue have invested millions of dollars in Ohio before the vote.
The special election, scheduled by the Republican-controlled legislature, marks the latest battleground for abortion rights in Ohio, more than a year after the U.S. Supreme Court eliminated a nationwide right to abortion. Ballot initiatives have become influential instruments for activists advocating for abortion rights, particularly in states where Republicans, who usually oppose abortion, hold power.
Kansas and Kentucky, both firmly conservative states, rejected measures last year that would have declared their state constitutions do not protect abortion rights.
The early voter turnout ahead of the August special election in Ohio has been exceptionally high. As of Friday, over 575,000 early votes had been counted, approaching the total number of ballots cast in last year’s August primary election for state legislative seats. Reports of long lines at certain polling locations over the weekend have supported this trend.
Republican Governor Mike DeWine signed a law in 2019 banning abortions after six weeks, but its implementation was delayed following a legal challenge from abortion clinics. The Ohio Supreme Court has agreed to hear the case.
Those opposed to Tuesday’s ballot question argue that it extends beyond the scope of abortion rights. They contend that it is undemocratic to curb the power of citizens. For example, good government groups are working on a 2024 ballot question to amend the constitution and prevent gerrymandering, the manipulation of district lines by one party to solidify their power. If Issue 1 succeeds, it would make it significantly harder to include such an issue on future ballots.
Abortion opponents have labeled the November referendum extreme, claiming that its vague language would allow minors to undergo abortions and gender-affirming surgeries without parental consent. However, supporters of the amendment maintain that it does not mention gender-affirming treatment or parental consent.
The special election has attracted substantial outside spending, with donations pouring in from so-called dark-money groups that are not obligated to disclose their contributors. Richard Uihlein, an Illinois Republican mega-donor, has contributed at least $4 million to the pro-Issue 1 campaign. Other groups supporting the referendum have amassed funds from organizations such as Susan B. Anthony Pro-Life America and The Concord Fund, a conservative dark-money group. On the opposing side, the Tides Foundation, a California-based social justice organization, along with the Sixteen Thirty Fund, a liberal dark-money group, have provided support.
The outcome of the special election in Ohio will have substantial implications for the future of state constitutional amendments and potentially abortion rights. As voters head to the polls, the eyes of the nation are on Ohio, eagerly awaiting the decision that will shape the state’s political landscape.
