OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.J.R. 2 Final Analysis
135th General Assembly
Click here for S.J.R. 2’s Fiscal Note
Primary Sponsors: Sens. McColley and Gavarone
Adopted: May 10, 2023; disapproved by the voters on August 8, 2023
Effective Date:
S. Ben Fogle, Attorney UPDATED VERSION
SUMMARY
 Proposes an amendment to the Ohio Constitution, to appear on the ballot at a special
election to be held on August 8, 2023.
 Would have required any future constitutional amendment to be approved by at least
60% of the voters.
 Beginning with petitions filed with the Secretary of State on or after January 1, 2024:
 Would have eliminated the ten-day cure period to gather additional signatures for
an initiative petition proposing a constitutional amendment.
 Would have required an initiative petition proposing a constitutional amendment to
be signed by at least 5% of the electors of each county in the state, instead of half of
the counties.
DETAILED ANALYSIS
Approval threshold for constitutional amendments
The joint resolution places a proposed amendment to the Ohio Constitution on the
ballot at an August 8, 2023, special election. The voters disapproved the amendment. If it had
been approved by a majority of the voters, the amendment would have taken effect
immediately, except that changes regarding petition signatures would have applied only to
petitions filed on or after January 1, 2024.
The amendment would have required any future constitutional amendment to be
approved by at least 60% of the voters, instead of by a simple majority (50% plus one vote) as
 This version updates the result of the August special election.
August 15, 2023
Office of Research and Drafting LSC Legislative Budget Office
currently required under the Constitution. This requirement would apply to any constitutional
amendment, whether proposed by initiative petition, by the General Assembly, or by a
constitutional convention.1
Initiative petition procedures
In addition, the resolution proposes two changes to initiative petition procedures,
specifically only for initiative petitions proposing amendments to the Constitution. These
changes would have applied to petitions filed with the Secretary of State on or after January 1,
2024.
First, the resolution proposes to eliminate the ten-day cure period to cure insufficient
petitions by gathering more signatures. The current Constitution gives petitioners ten days to
collect additional signatures if their petition is found to have insufficient signatures. This
currently applies to initiative petitions proposing new laws, referendum petitions, and initiative
petitions proposing amendments to the Constitution. The proposal would have removed the
cure period for initiative petitions proposing constitutional amendments, but maintain the cure
period for other petitions.
Second, the proposal would have required an initiative petition that proposes a
constitutional amendment to have signatures from at least 5% of the electors in each of Ohio’s
88 counties, rather than 44 counties, as is currently required. (The petition still must be signed
by 10% of the state’s electors overall.) The resolution maintains the current 44-county
requirements for initiative petitions proposing new laws (“initiated statutes”) and for
referendum petitions.2
Date of election and implementation
The resolution places the proposal on the ballot at a special election, which the
resolution calls to be held on August 8, 2023. The resolution states that the election is
“prescribed pursuant to the authority provided by Section 1 of Article XVI of the Constitution of
the State of Ohio,” and states that the election must be conducted “pursuant to all applicable
laws.” Ohio Constitution, Article XVI, Section 1 provides that amendments to the Constitution
proposed by the General Assembly must be submitted to the electors “at either a special or a
general election as the General Assembly may prescribe.”
If the proposal were approved by a majority vote of the voters, it would have taken
effect immediately, and the 60% approval threshold would have applied to any constitutional
amendment appearing on the ballot at a later election. However, as noted above, the new
1Ohio Constitution, Article II, Section 1b and art. XVI, secs. 1 and 3; conforming changes in art. II, secs.
1e and 1g.
2 Ohio Const., art. II, sec. 1g. In each case where the Ohio Constitution requires signatures from a
percentage of the electors, that percentage is calculated based on the total vote cast for Governor at
the most recent election for that office.
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Final Analysis
Office of Research and Drafting LSC Legislative Budget Office
requirements for initiative petitions proposing constitutional amendments would have first
applied to petitions filed on or after January 1, 2024.
For more information about the current procedures for amending the Ohio Constitution,
see LSC’s Members Brief, Statewide Ballot Issues (PDF).3
HISTORY
Action Date
Introduced 03-22-23
Reported, S. General Gov’t 04-19-23
Adopted Senate (26-7) 04-19-23
Reported, H. Constitutional Resolutions 05-02-23
Reported, H. Rules & Reference 05-09-23
Adopted House (62-37) 05-10-23
Senate concurred in House amendments (26-7) 05-10-23
23-ANSJR0002EN-UPDATED-135/ar
3 Available on LSC’s website, lsc.ohio.gov, under “Publications,” “Members Briefs.”
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Final Analysis