Ohio Constitution News

Take a look at OCMC Quarterly for February, 2015 – the first edition of the Ohio Constitutional Modernization Commission’s quarterly newsletter.  The newsletter has information about:

• The three newest OCMC members.
• Judicial Branch and Justice Committee’s recommendations to repeal as obsolete and/or unused two provisions: courts of conciliation and committee to relieve the Ohio Supreme Court of an overburdened docket.
• Bill of Rights and Voting Committee recommendations of no change on three provisions  – Article I, Section 2 (Right to Alter, Reform or Abolish Government); Article I, Section 3 (Right to Assemble); and Article I, Section 4(Bearing Arms; Standing Armies; Military Power).
• The role of the Commission in getting a General Assembly ballot initiative passed to reform redistricting. 130th General Assembly,  HJR 12.
• Other Commission outreach and activities.

The following meetings will take place on Thursday, February 12, 2015 in Columbus, Ohio:

9:30 a.m.

Bill of Rights and Voting Committee – Statehouse Room 114  The committee will discuss Report and Recommendations for: Article I, Section 2 (Right to Alter, Reform, or Abolish Government); Article I, Section 3 (Right to Assemble); and Article I, Section 4 (Bearing Arms, Standing Armies, Military Power). Article V, Section 6 (Idiots and Insane Persons) and Article V, Section 4 (Felony Disenfranchisement) are also on the agenda.

11:00 a.m.

Legislative Branch and Executive Branch Committee – Room 115 of the Ohio Statehouse.   Topics include: endorsement of House Joint Resolution 12 on redistricting,  term limits for members of the Ohio General Assembly and Public Officials Compensation Commission.

12:30 p.m.

OCMC Coordinating Committee – Room 114 of the Ohio Statehouse. The committee will conduct a preliminary review of report and recommendations on Article IV, Section 19 (Courts of Conciliation) and Article IV, Section 22 (Supreme Court Commission).

1:30 p.m.

Ohio Constitutional Modernization Commission – South Meeting Rooms B & C, 31^st Floor of the Riffe Center for Government and the Arts.   Among other items, the Commission will hear reports and recommendations on  Article IV, Section 19 (Courts of Conciliation) and Article IV, Section 22 (Supreme Court Commissions).  They will also discuss HJR 12 as passed in the 130th General Assembly regarding redistricting of Ohio House and Senate seats.

Get news on the Ohio Constitutional Modernization Commission via their Facebook page and Twitter @OCMC2021.

The Ohio Constitutional Modernization Commission’s (OCMC) Judicial Branch and Administration of Justice Committee voted yesterday to recommend repealing two sections of the Ohio Constitution which are no longer used:

• Article IV, Section 19 – Courts of Conciliation  (It has never been used and not needed as an alternative dispute resolution mechanism.)
• Article IV, Section 22 – Allows the governor to create a commission that would take on the Ohio Supreme Court’s backlog of cases.  (The section has not been used since 1885 and is not needed.)

See Hannah News – OCMC Committee Approves Recommendations, Hears Judicial Election Proposal from O’Connor (subscription required).  Cleveland-Marshall and Cleveland State students and faculty can access this article off campus using this link.

Ohio Supreme Court Maureen O’Connor recently spoke to the Ohio Constitutional Modernization Commission’s Judicial Branch and Administration of Justice Committee.  Justice O’Connor made the following recommendations concerning judicial elections:

• Move judicial elections to odd number years and put the judicial candidates at the top of the ballot
• Increase the years of experience as an attorney that one must have in order to run for judge
• Better educate the public about judicial elections and judicial candidates.

See Court News Ohio, Chief Justice O’Connor Asks State Constitution Commission to Consider Moving Judicial Elections to Odd Years.

The following meetings will take place on Thursday, January 15, 2014 at the Ohio Statehouse in Columbus, Ohio.  These meetings are open to the public.  If you are interested in addressing a committee, please contact Steven C. Hollon, Executive Director of the Ohio Constitutional Modernization Commission at 614.644.2022.

9:30 a.m.

Finance, Taxation & Economic Development Committee -Room 114.  Presentation by Steven Steinglass, Senior Policy Advisor,  “An Overview of Article VIII – Public Debt”.  Discussion of next steps regarding Article VIII.

11:00 a.m.

Education, Public Institutions, and Local Government Committee– Room 116.  Presentation by Stephanie Morales, Member, Board of Education, Cleveland Metropolitan School District and Dr. Renee Middleton, Dean, Patton College of Education and Human Services, Ohio University. Discussion regarding the Thorough and Efficient Clause in Article VI, Section 2.

 1:30 p.m.

Judicial Branch and Administration of Justice Committee – Room 116.  Presentation by Chief Justice Maureen O’Connor, Supreme Court of Ohio, “Evaluating Judicial Elections”.  Consideration, public comments and possible adoption of reports and recommendations on Article IV, Section 19 (Courts of Conciliation) and Article IV, Section 22 (Supreme Court Commission).    Discussion of presentations by Justice Paul E. Pfeifer and Chief Justice Maureen O’Connor.  Copy of Reports and Recommendations: RR Art IV Sec 19 (courts of conciliation) ; RR Art IV Sec 22 (supreme court commissions).

3:00 p.m.

Coordinating Committee – Room 114 – Preliminary Review of Report and Recommendation on Article IV, Section 19 (Courts of Conciliation) and Preliminary Review of Report and Recommendation on Article IV, Section 22 (Supreme Court Commission).

Public Education and Information Committee and Liaisons with Public Offices Committee – Room 116. “Communications Update”: Newsletter,  Website,  Social Media.  OCLRE Collaboration,  OCMC in the News.  Presentation by Shaunte Russell, Communications Director.

All meetings are Thursday, December 11, 2014 at the Ohio Statehouse.  All meetings are open to the public.

9:00 a.m.

Coordinating Committee – Room 114

9:30 a.m.

Ohio Constitutional Modernization Commission – Room 313

10:15 a.m.

Bill of Rights and Voting Committee – Room 116.  Presentation by Michael Kirkman, Executive Director, Disability Rights Ohio on Article V, Section 6 (Idiots and Insane Persons).   Reports and Recommendations on Article I, Section 2 (Right to Alter, Reform, or Abolish Government); Article I, Section 3 (Right to Assemble) and  Article I, Section 4 (Bearing Arms; Standing Armies; Military Power).   Committee Discussion on Article V, Section 6 (Idiots and Insane Persons) o Article V, Section 4 (Felony Disenfranchisement).

12:45 p.m.

Legislative Branch and Executive Branch Committee – Room 116 – Redistricting  proposals will be discussed.  Professor Steven H. Steinglass will give an overview of Article II.

2:15 p.m.

Constitutional Revisions and Updating Committee – Room 114.  Presentation: “The Ohio Ballot Board” by Carrie Kuruc, Elections Counsel, Ohio Secretary of State.

Will not be meeting:

Judicial Branch and Administration of Justice Committee

Education, Public Institutions and Local Government Committee

Finance, Taxation, and Economic Development Committee

Liaison with Public Offices Committee

Organization and Administration Committee

Public Education and Information Committee

HJR 11 (federal legislative districts) and HJR 12 (state legislative redistricts) were recently introduced in the Ohio General Assembly.  Under HJR 12, a seven member panel, including the governor, secretary of state, auditor of state, and four legislative appointments (two from each party) creates the districts.  A member of the minority party must vote in favor of the district map, which will be in place until the next census (10 years if a map is adopted in a census year).  If a minority vote is not obtained, the plan adopted by the panel will be used for the next election, while the question of whether to accept the map or redraw it is automatically put before voters .   If voters accept the map, it would only be in place for half of the remaining legislative elections before the new census (it is in effect for less time than if adopted by the panel including a minority vote).

As far as congressional districting is concerned, HJR 11 provides that a six member board draws the map.  The board consists of six members of the General Assembly, two appointed by the Speaker of the House, two appointed by the President of the Senate, and two appointed by minority leaders in each body.  One board member from the minority party has to approve the map.  If such approval is not forthcoming, a map can be approved by four board members, two Senators and two Representatives.   Then the plan must be approved by a majority of the House and Senate.  If the General Assembly does not pass a plan, the proposed plan goes into effect for one year, while the the question of whether to accept the map or redraw it is put before the voters.

Under HJR 11, “A congressional district plan that becomes effective under this section is not subject to the referendum and is not subject to the veto of the Governor. The electors may not propose a congressional district plan by initiative.”  This is different than the current system, where the Governor can veto a district plan and the plan is subject to referendum.

Representative Matt Huffman (R-Lima), who proposed these joint resolutions, recently addressed the Ohio Constitutional Modernization Commission’s Legislative Branch and Executive Branch Committee.   Committee  members questioned whether this process gives enough incentive for the majority to get minority approval of a district map.  Huffman was asked to explain why, absent at least one minority vote, the issue should go to the ballot rather than to federal court.  Huffman said that it was likely that federal court judges would vote according to the party line of their appointing president.  The plan was also criticized for removing the Governor’s veto, referendum and initiative.  It was noted the plan lacks guidance for drawing a new map.

SJR 1 also sets forth a redistricting mechanism, and the Ohio Constitutional Modernization Commission considered adopting a modified version of SJR 1.

See Hannah News, Nov. 13, 2014,  Huffman Outlines New Redistricting Proposals to OCMC Committee.

The Ohio Constitutional Modernization Commission’s Education, Public Institutions and Local Government Committee has considered removing the wording of Ohio Constitution, Article VI, Section 2 requiring a thorough and efficient system of public education.  See our prior post.  Proponents want to eliminate the “thorough and efficient” language because it provides an “in” for Ohio courts to evaluate public school operating and funding – matters proponents feel should be left to the legislature.  They point to   DeRolph v. State, which found Ohio’s school funding scheme unconstitutional, as an example of improper “judicial legislation”.

Ohio Supreme Court Justice Pfeifer, who was in the DeRolph majority, addressed the Commission yesterday.  According to a Court News Ohio article, Justice Pfeifer Tells Study Committee That School Funding Standards Should Remain in Constitution:

“He said it is important that no government body, local or statewide, should be “beyond reach” by its citizens in such a vital area as education.

“Ultimately the bar should be in the constitution. It serves a worthy purpose and I would caution against removing it,” he said.”

Here are the meetings announced so far.

All meetings will take place on Thursday, November 13, 2014 at the Statehouse in Columbus, Ohio.

9:30 a.m.

Judicial Branch and Administration of Justice Committee – Statehouse Room 17.
Presentation by Justice Paul E. Pfeifer, Supreme Court of Ohio on Article IV, Section 2(B)(1) (Supreme Court Original Jurisdiction).   Reports and Recommendations on  Article IV, Section 19 (Courts of Conciliation) and  Article IV, Section 22 (Supreme Court Commission).

11:00 a.m.

Education, Public Institutions, and Local Government Committee – Statehouse Room 18
Presentations by Justice Paul E. Pfeifer, Supreme Court of Ohio on Article VI, Section 2 (Thorough and Efficient Clause) and by Robert R. Cupp, Chief Legal Counsel, Ohio Auditor of State on Article VI, Section 1 (Ohio School and Ministerial Land).   Committee Discussion on Article V, Section 2 (School Funds).

1:30 p.m.

Ohio Constitutional Modernization Commission – Statehouse Room 313

2:30 p.m.

Legislative Branch and Executive Branch Committee – Statehouse Room 017
Committee discussion on apportionment and redistricting.