Bill Summary – FastDemocracy

OHIO LEGISLATIVE SERVICE COMMISSION
                                               Office of Research                               Legislative Budget
         www.lsc.ohio.gov                        and Drafting                                         Office
                              S.B. 92                                Bill Analysis
                  135th   General Assembly
                                                                       Click here for S.B. 92’s Fiscal Note
Version: As Passed by the Senate
Primary Sponsors: Sens. McColley and Gavarone
Effective date:
S. Ben Fogle, Attorney
                                                          SUMMARY
                    Expands the circumstances under which a special election may be held in August.
                    Allows the General Assembly to place a proposed constitutional amendment on the
                          ballot at an August special election, if authorized by a joint resolution.
                    Allows a special election in August to hold a congressional special election or special
                          primary election as contemplated under continuing law.
                    Requires a special election to be held on August 8, 2023, for the sole purpose of
                          submitting to the electors a constitutional amendment proposed by the General
                          Assembly.
                    Appropriates $20 million to the Secretary of State in FY 2023 to pay the cost of
                          conducting the August 2023 special election.
                    States that the bill’s provisions concerning the August 2023 special election take effect
                          immediately.
                                                 DETAILED ANALYSIS
August special elections, generally
        The bill expands the circumstances under which a special election may be held on the
first Tuesday after the first Monday in August. Currently, only a political subdivision that is
under a fiscal emergency may place an office, question, or issue on the ballot in August.
       Under the bill, the General Assembly may place a proposed constitutional amendment
on the ballot at an August special election, if authorized by a joint resolution under procedures
prescribed by the Ohio Constitution.
       Additionally, the bill allows a special election in August for any of the following purposes
related to congressional elections:
                                                                                                              April 21, 2023
Office of Research and Drafting                          LSC                                Legislative Budget Office
       To hold a special election scheduled by the Governor to fill a vacancy in the U.S. House
           of Representatives;1
       To hold a special primary election scheduled by the Governor to nominate party
           candidates for a congressional special election scheduled as above;2
       To hold a special primary election scheduled by the Secretary of State to nominate party
           candidates for the U.S. House of Representatives when a party’s nominee or
           presumptive nominee dies or withdraws before the general election.3
Existing law already appears to allow the Governor and the Secretary of State to schedule
special elections for those purposes on days that are not designated as election days. The bill
explicitly permits them to do so in August.4
       Continuing law requires the state to pay the entire cost of a special election held for a
statewide ballot issue or for a congressional special election or special primary election, if no
other offices, questions, or issues are on the ballot at the election.5
August 2023 special election
         The bill also requires a special election to be held on August 8, 2023, for the purpose of
submitting to the voters a constitutional amendment proposed by the General Assembly. (The
ballot issue itself must be separately authorized by a joint resolution.) No other office, question,
or issue may appear on the ballot at the election. The bill appropriates $20 million to the
Secretary of State in FY 2023 to pay the cost of conducting the special election in accordance
with the bill.6
        The bill states that its provisions concerning the August 2023 special election take effect
immediately because an appropriation for current expenses, along with any section of law
whose implementation depends upon an appropriation for current expenses that is contained
in the same act, are exempt from the referendum.7
1   R.C. 3521.03, not in the bill.
2   R.C. 3513.32, not in the bill.
3   R.C. 3513.301 and 3513.312, not in the bill.
4   R.C. 3501.022.
5   R.C. 3501.17(F), 3513.301(C), 3513.312(C), and 3521.03, not in the bill.
6   Sections 3, 4, 5, and 6 of the bill.
7   Section 7 of the bill. See also R.C. 1.471, not in the bill, and Ohio Constitution, Article II, Section 1d.
P a g e |2                                                                                                   S.B. 92
                                                                                             As Passed by the Senate
Office of Research and Drafting         LSC                 Legislative Budget Office
                                      HISTORY
                             Action                        Date
Introduced                                      03-22-23
Reported, S. General Gov’t                      04-19-23
Passed Senate (25-8)                            04-19-23
ANSB0092PS-135/ks
P a g e |3                                                                   S.B. 92
                                                             As Passed by the Senate