The state of Ohio has rejected a measure known as Issue 1, keeping a simple majority to amend the state constitution, and thereby making it easier for an abortion rights constitutional amendment on the ballot this November to gain approval.
After record-breaking voter turnout since early voting began last month, the Columbus Dispatch called the result with just 24% of the votes in. As of 8.45 p.m. EDT, projections had the No vote at 64%-36%.
A yes vote would have increased the difficult of amending the state constitution to require a 60% majority vote.
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The special election in the Buckeye state was being closely watched because of its implications for an upcoming referendum on enshrining abortion rights in the state constitution.
Abortion is currently legal in Ohio up to 22 weeks gestation. A six-week abortion ban that was signed by Gov. Mike Dewine (R) in 2019 was put on hold in December.
Anti-abortion Attorney General Frank LaRose (R) certified the signatures to place an abortion rights amendment on the ballot in November 2023, which prevents the state legislature from interfering or unduly burdening those seeking or providing abortions.
LaRose, who is running for Ohio’s open Senate seat in the 2024 election, has been a vocal advocate of Issue 1, which some analysts have said will hinder his success next year.
Proud to cast my YES vote on Issue 1! Thanks to the thousands of dedicated bipartisan poll workers who make Election Day possible! pic.twitter.com/WkLqVOJKx1
— Frank LaRose (@FrankLaRose) August 8, 2023
“Frank LaRose has wrapped his arms around this issue and staked his entire political career [on this]. He has spent the entirety of the summer campaigning on this issue, to the detriment of his day job,” Ohio Democratic Party Chairwoman Elizabeth Walters told Punchbowl News. “He’s taking a really big bet here.”
Opponents to the abortion amendment say it would invalidate several existing Ohio laws aside from the gestational age limits, including parental consent measures and regulations of abortion facilities.
Protect Women Ohio, the leading organization in support of Issue 1 and against November’s abortion amendment, thanked their supporters on X, the social media platform formerly known as Twitter.
Thank you to everyone who came out to vote YES on Issue 1 to protect Ohio’s constitution and parental rights!
If you’re still waiting to cast your ballot, stay in line! You will be allowed to vote.
— Protect Women Ohio (@ProtectWomenOH) August 8, 2023
Ohio is one of only 18 states that allows for petition-initiated constitutional amendments. Only 9 of those states currently require a simple majority to change the state’s governing document.
Advocates of the abortion amendment, including Planned Parenthood and the American Civil Liberties Union, contend that requiring a super majority hinders the principle of one person one vote.
“Without one person one vote, we are no longer a functional democracy – rather a disturbing inversion where a small number of people decide how the majority must live,” says Collin Marozzi, the deputy policy director of ACLU Ohio. “By requiring 60% support for future amendments, Ohioans’ votes and voices will no longer be equal.”
Recent polls indicated that 58% of Ohioans support enacting the abortion amendment.
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Anti-abortion advocates still have an opportunity to thwart the proposed abortion amendment via a recent lawsuit filed by two state-level GOP political leaders. The lawsuit claims that the amendment violates requirements because it does not clarify what current state laws the change would invalidate if passed by referendum.
Several other states are currently weighing abortion rights amendments for the 2024 election season, including Missouri and Arizona.
