OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.J.R. 6 Resolution Analysis
134th General Assembly
Click here for S.J.R. 6’s Fiscal Note
Version: As Introduced
Primary Sponsor: Sen. Blessing
Effective Date:
Emily E. Wendel, Attorney
SUMMARY
 Proposes to amend the Ohio Constitution to prohibit local governments from allowing
persons to vote in local elections if they are not qualified to vote in state elections.
 Places the proposal on the ballot at the November 8, 2022, general election.
DETAILED ANALYSIS
The joint resolution proposes to amend the Ohio Constitution to prohibit local
governments from allowing persons to vote in local elections if they are not qualified to vote in
state elections – for example, non-U.S. citizens or persons under 18.
Currently, the Ohio Constitution specifies that:
Every citizen of the United States, of the age of eighteen
years, who has been a resident of the state, county, township, or
ward, such time as may be provided by law, and has been
registered to vote for thirty days, has the qualifications of an
elector, and is entitled to vote at all elections.
In general, this provision has been interpreted to mean that in order to vote in Ohio, a person
must be a U.S. citizen, at least 18, a resident of the state for at least 30 days (the period
prescribed by law), and registered to vote for at least 30 days before the election. 1 However, in
1917, the Ohio Supreme Court ruled that under the home rule provisions of the Ohio
Constitution, a city could expand voting rights in city elections. In that case, the Court upheld an
East Cleveland charter provision that allowed women to vote in city elections, although at the
1 Ohio Constitution, Article V, Section 1 and R.C. 3503.01. Federal law also prohibits non-U.S. citizens
from voting in federal elections (18 United States Code 611).
May 18, 2022
Office of Research and Drafting LSC Legislative Budget Office
time, the Ohio Constitution and the U.S. Constitution gave only men the right to vote (see
COMMENT).2
Under the proposed amendment, the Ohio Constitution would state that only a person
who meets the listed requirements has the qualifications of an elector, and no person who
lacks those qualifications may be permitted to vote in any state or local election. The proposal
also amends the home rule provisions of the Constitution to include references to the new
restriction.3
If the resolution is adopted, the proposed amendment will appear on the ballot at the
general election to be held on November 8, 2022. If it is approved by a majority of the voters,
the amendment takes effect immediately.
COMMENT
Today, it appears that only one Ohio municipality allows otherwise-ineligible persons to
vote in local elections. In 2020, the Village of Yellow Springs approved a charter amendment to
allow non-U.S. citizens to vote in village elections. But, it seems that no noncitizen has
registered to vote in the village. If such a person did register, that action likely would trigger a
lawsuit. LSC cannot predict how a reviewing court would rule in such a case.4
HISTORY
Action Date
Introduced 05-17-22
ANSJR0006-134/ts
2 State ex rel. Taylor v. French, 96 Ohio St. 172 (1917).
3 Ohio Const., art. V, sec. 1; art. X, sec. 3; and art. XVIII, sec. 3.
4 Megan Bachman, “Noncitizen voting under fire,” The Yellow Springs News (August 13, 2020) and
Audrey Hackett, “Voting begins for Nov. 3 election,” The Yellow Springs News (October 16, 2020). Both
articles are available on The Yellow Springs News website at ysnews.com.
P a g e |2 S.J.R. 6
As Introduced