Chapter 24 – Direct Democracy in Ohio
24.1 Indirect Democracy vs. Direct Democracy
Understanding Indirect Democracy
Throughout the semester, we’ve predominantly discussed examples of indirect democracy. Indirect democracy, also known as representative democracy, is a system where citizens elect representatives to make decisions on their behalf. These elected officials debate and pass laws, create policies, and govern according to the wishes of their constituents, supporters, and campaign contributors.
In Ohio, for example, voters elect members of the Ohio General Assembly, which includes the Ohio House of Representatives and the Ohio Senate. These representatives create and pass state laws, such as those related to education, transportation, and healthcare. Similarly, at the local level, Ohioans elect city council members and mayors who make decisions about local policies and ordinances.
Understanding Direct Democracy
In contrast, direct democracy is a system where citizens have the power to make decisions on laws and policies directly. Instead of electing representatives to make these decisions, people vote on specific issues themselves. Tools like referendums, ballot initiatives, and recalls are examples of direct democracy.
In Ohio, direct democracy allows citizens to:
- Referendums – Allow voters to reject laws passed by the General Assembly.
- Ballot Initiatives – Propose new laws or constitutional amendments.
- Recalls – Remove local elected officials from office before the end of their term.
For example, the 2023 abortion constitutional amendment was decided through an initiative where voters directly chose whether to amend the state constitution to include abortion rights. Similarly, the 2011 Senate Bill 5 referendum allowed Ohioans to reject a law that limited collective bargaining rights for public employees.
Referendums in Ohio
Understanding Referendums
A referendum is a process that allows the people of Ohio to reject any law passed by the General Assembly, except laws that deal with taxes, state expenses, or emergencies. According to the Ohio Legislative Service Commission, a referendum petition can be filed within 90 days after the Governor has filed the law with the Secretary of State. If the petition is validated by the Secretary of State, the law is then put to a vote by the people.
Referendums are an important tool for direct democracy. They give Ohio citizens the power to overturn laws they disagree with, ensuring that the public has a direct say in the laws that govern them. This process acts as a check on the decisions made by elected officials.
The Referendum Process
The process of starting a referendum in Ohio involves several steps. First, a group of citizens must file a petition with the Secretary of State within 90 days of the law’s passage. The petition must be signed by a number of voters equal to six percent of the votes cast for the office of Governor in the last election. Additionally, the signatures must come from at least 44 of Ohio’s 88 counties, with each county providing signatures equal to three percent of the votes cast for the office of Governor in that county.
Once the petition is filed, the Secretary of State checks the signatures. If the petition is valid, the law is put on hold until a statewide vote. During the next general election, voters can vote “yes” to approve the law or “no” to reject it. If most voters reject the law, it does not go into effect.
Remember, the Ohio Constitution provides citizens with this option. It represents a check against the three branches of government and is the only way people who disagree with a law can immediately prevent it from taking effect.
Case Study: Senate Bill 5 (Issue 2) Referendum (2011)
A well-known example of a referendum in Ohio is the case of Senate Bill 5 in 2011. Senate Bill 5 was a controversial law that limited the collective bargaining rights of public employees such as teachers and firefighters. Many people in Ohio disagreed with this law and wanted it overturned.
Opponents of Senate Bill 5 quickly organized a petition to put the law to a referendum. They gathered more than a million signatures, far exceeding the required number. The Secretary of State validated the petition, and the law was put on hold until the next general election.
During the election, the people of Ohio voted on Issue 2, which asked if they wanted to approve or reject Senate Bill 5. The majority of voters, about 61%, voted “no,” rejecting the law. As a result, Senate Bill 5 did not go into effect, demonstrating the power of the referendum process in Ohio.
Referendums like the one for Senate Bill 5 show how Ohioans can directly influence their state laws. By understanding and participating in the referendum process, citizens can ensure that their voices are heard and their opinions matter in the state’s legislative process.
References
Ohio Legislative Service Commission. 2023. Legislative Glossary in A Guidebook for Ohio Legislators. Columbus, OH.
Sracic, Paul A., and William C. Binning. 2015. Chapter 9 – Direct Democracy in Ohio in Ohio Government and Politics. Washington, DC: CQ Press.
