| (Ohio Const. Art. II, sections 1, 1b, 1c, 1d, 1g; Art. XVI, section 1; Revised Code sections 3501.05, 3501.38, 3501.381, 3501.382, 3503.06 & Chapter 3519.) |
| PURPOSE | A referendum is a method by which a law or section or item of a law passed by the General Assembly can be submitted as a statewide ballot issue to the voters for approval. |
Matters Not Subject To Referendum
(Art. II, sec. 1d, 1e) | Exempted from the referendum are: - emergency laws necessary for the immediate preservation of public peace, health or safety,
- tax levies, and
- appropriations for current expenses for state government and state institutions.
These laws go into immediate effect. |
| AUTHORITY: | ACTION: |
Committee for Petitioners
(R.C. 3519.02) | Petitioners designate a committee of not less than three (3) nor more than five (5) persons to represent them in all matters relating to the petition. |
Initial Filing With Attorney General & Secretary of State
(R.C. 3501.05, 3519.01, 3519.05) | Written petition signed by 1000 electors must be submitted to the Secretary of State with the full text and summary of the law or section of a law to be referred. Within ten days of receiving the petition, the Secretary of State shall verify the number of valid signatures and compare the full text of the law or section of the law with the law on file with his office. If the petition text is correct, the Secretary of State shall so certify. On the same day or within one business day before or after the petition is filed with the Secretary of State, a copy of the petition with the full text and summary of the law or section of the law must be filed with the Attorney General. Within ten (10) days of receiving the petition the Attorney General certifies if, in his opinion, the summary is a fair and truthful statement of the law or section of law to be referred. |
Petition To Be Circulated
(Art. II, Sec.1g; R.C. 3501.38, 3501.381, 3501.382, 3503.06, 3519.05) | Petitioners draw up the petition. It may be made up of part-petitions, but all separate petitions shall be filed at one time as one instrument. Each part-petition must have a copy of the title and text of the law or section of law to be referred attached. Circulator must be Ohio resident. Form 15 must be filed with Secretary of State prior to circulating petition if entity or individual is being compensated for supervising, managing or otherwise organizing any effort to obtain signatures. |
Signature Requirements
(Art. II, Sec. 1c, R.C. 3519.14) | The total number of signatures on the petition must equal at least six percent (6%) of the total vote cast for the office of governor at the last gubernatorial election. The Secretary of State may not accept for filing any initiative petition which does not purport to contain at least the minimum number of signatures required. |
| Signature Distribution(Art. II, Sec.1g; R.C. 3519.14) | The signatures must have been obtained from at least 44 of the 88 counties of the state. From each of these 44 counties, there must be signatures equal to at least three percent (3%) of the total vote cast for the office of governor in that county at the last gubernatorial election. See map for specifics (PDF) |
| Signature Verification(R.C. 3519.10) | Each signer must be a qualified elector of the state. Each part-petition must contain signatures of electors of only one county. If a part-petition contains signatures of more than one county, the Secretary of State determines the county from which the majority of signatures came from, and only signatures from that county will be counted. |
Alteration
(R.C. 3501.38) | Signatures may not be withdrawn after part-petitions are filed with the Secretary of State. |
Filing Deadline and Filing Fee
(Art. II, Sec. 1c; R.C. 3501.05, 3513.10) | The petition must be filed with the Secretary of State within ninety (90) days after the law or section of law to be referred has been filed with the Secretary of State by the Governor. If the petition is found to be valid, the law or section of law will not go into effect unless it is approved by a majority of the voters at the first regular or general election which occurs more than sixty (60) days after the petition is filed. Petition must be accompanied by filing fee of twenty-five dollars ($25). |
| Supplemental Petitions (Art. II, Sec. 1g) | The petition and signatures on such petition shall be presumed to be in all respects sufficient, unless not later than forty (40) days before the election, it shall be otherwise proved, and in such event ten (10) additional days shall be allowed for the filing of additional signatures. |
Arguments
(Art. II, Sec. 1g; Art. XVI, Sec. 1; R.C. 3519.03) | The committee named on the petition may prepare and file an argument and/or explanation in opposition to the law or section of law being referred not later than the eightieth (80th) day before the date of the election with the Secretary of State. If the committee fails to prepare or timely file the argument and/or explanation, the Secretary of State shall notify the Ohio Ballot Board. The Ohio Ballot Board shall prepare or designate a group to prepare the argument and/or explanation. The argument and/or explanation must be filed with the Secretary of State not later than eighty (80) days before the election. The argument and/or explanation in favor of the law or section of law being referred is prepared by persons named by the General Assembly, if in session, or if not in session, by the Governor. The argument and/or explanation must be filed with the Secretary of State not later than eighty (80) days before the election. The arguments and/or explanations may not exceed 300 words. |