COLUMBUS, Ohio — Days after Senate Joint Resolution 2 passed the Ohio Statehouse, a group has filed a lawsuit with the Ohio Supreme Court, questioning whether lawmakers can create an August election through a joint resolution. 

The resolution also calls for a ballot iniative that would ask voters to raise the threshold in order to change the state's constitution. 

What You Need To Know

  • A group called 'One Person, One Vote' filed a lawsuit with the Ohio Supreme Court

  • At issue is whether an August special election can be created through a joint resolution

  • Both supporters and opponents of the election say they can point to the precedent as to why their position is correct

State Rep. Brian Stewart (R-Ashville) defended the resolution, stating, "The Ohio Constitution provides that the General Assembly can schedule a special election at any time to consider proposed constitutional amendments that are referred from the legislature." Stewart further claimed that the precedent set by the case of State, ex Rel. Foreman v. Brown, supports the inclusion of the special election in the resolution, negating the need for a separate bill."

However, the special election portion did not start as part of the resolution. It was originally proposed as a separate bill that was ultimately abandoned, leading lawmakers to integrate the election into the resolution.

Steven Steinglass, Dean & Professor Emeritus at Cleveland State University College of Law, expressed concerns over the legality of the resolution.

"Legally, I think it's flawed because it tries to change the election law, which is really a statutory function based on bedrock fundamental Ohio principles, you can't do that in a joint resolution," said Steinglass. 

Despite this disagreement, proponents of the resolution remain confident that the special election will go ahead in August as planned. However, Stewart expects legal pushback.

 

“I don’t think that there’s been election law passed any time in the last 30 years that Ohio Democrats haven’t gone to court and tried to overturn it,” Stewart said.

Challengers to the resolution argue it alters Ohio’s statutory law, which they claim has no place in a joint resolution. In response, Steinglass referenced a unanimous decision by the Ohio Supreme Court in 1897, supporting this view.