Ohio Issue 1, Right to Make Reproductive Decisions Including Abortion Initiative (2023)

Ohio Issue 1
Election date November 7, 2023
Topic Abortion and Constitutional rights
Status a Approved
Type Constitutional amendment	Origin Citizens

Ohio Issue 1, the Right to Make Reproductive Decisions Including Abortion Initiative, was on the ballot in Ohio as an initiated constitutional amendment on November 7, 2023. The ballot measure was approved.

A "yes" vote supported amending the Ohio Constitution to: provide a state constitutional right to "make and carry out one’s own reproductive decisions, including but not limited to" decisions about abortion, contraception, fertility treatment, miscarriage care, and continuing pregnancy, and allow the state to restrict abortion after fetal viability, except when “necessary to protect the pregnant patient’s life or health.”

A "no" vote opposed amending the Ohio Constitution to provide a constitutional right to "make and carry out one’s own reproductive decisions."

Election results

Ohio Issue 1
Result		Votes	Percentage
Yes		2,227,384	56.78%
No		1,695,480	43.22%

Results are officially certified.

Source

Reactions

The following is a selection of comments and reactions from supporters of Issue 1 and opponents of Issue 1.

Supporters

• President Joe Biden (D): "Tonight, Americans once again voted to protect their fundamental freedoms – and democracy won. In Ohio, voters protected access to reproductive health in their state constitution. Ohioans and voters across the country rejected attempts by MAGA Republican elected officials to impose extreme abortion bans that put the health and lives of women in jeopardy, force women to travel hundreds of miles for care, and threaten to criminalize doctors and nurses for providing the health care that their patients need and that they are trained to provide. This extreme and dangerous agenda is out-of-step with the vast majority of Americans. My Administration will continue to protect access to reproductive health care and call on Congress to restore the protections of Roe v. Wade in federal law once and for all."^[1]
• Vice President Kamala Harris (D): "Today, Ohio voters approved a constitutional amendment to protect a woman’s right to make decisions about her own body. Voters turned out to safeguard reproductive rights and prevent extremists from enforcing an abortion ban that would harm women and criminalize doctors. The results in Ohio underscore what the vast majority of Americans believe: politicians should not interfere in decisions that should be between a woman and her doctor. Since the Supreme Court’s decision to overturn Roe v. Wade, people across the country have voted to defend reproductive freedom every time it has appeared on the ballot – including in Kansas, California, Michigan, Montana, Kentucky, and Vermont. While President Biden and I are working to protect reproductive freedom, extremists are pushing for a national abortion ban that would criminalize reproductive health care in every single state in our Nation. It is past time for Congress to listen to the American people and pass a bill that restores the protections of Roe v. Wade. And when they do, President Biden will sign it into law."^[2]
• Frmr. President Barack Obama (D): "Yesterday, voters across the country turned out for the values we’re fighting for – because they know state and local elections matter. Once again, voters made it clear that they believe women should have the right to make decisions about their own bodies. In Ohio, voters chose to enshrine abortion rights into their state constitution ... As we head into 2024, let’s keep organizing, keep voting, and keep making our voices heard."^[3]
• U.S. Sen. Sherrod Brown (D): "Tonight, Ohioans made it clear that women’s health care decisions should be between them and their doctors, not politicians. That’s what I’ve always believed and will continue to fight for in the U.S. Senate. My opponents disagree and have made it clear they would overrule Ohioans by voting for a national abortion ban. While my opponents work to ban abortion, I will continue fighting for and standing with the people of Ohio."^[4]
• Kellie Copeland, executive director for Pro-Choice Ohio: "The legislature's certainly a threat and voters need to keep an eye on that ... This was a massive coalition that's not going anywhere. We're going to make sure that, whether through legal action or political action, that the will of the people, that their constitutional right to abortion, to fertility treatment, to contraception, to continuing their pregnancy, all of that will remain protected."^[5]
• American Civil Liberties Union: "The passage of a state constitutional amendment to protect the right to reproductive freedom in Ohio demonstrates the broad support for abortion care. Knowing how deeply unpopular their agenda is in Ohio, anti-abortion politicians worked at every turn to lie and deceive voters and even tried to prevent them from having a voice. Thankfully, Ohioans saw through these tricks and turned out in droves to vote to protect abortion. The ACLU was proud to play a key role in the Ohio campaign from the early exploration process to being deeply embedded in every facet of the strategy and operations through election day."^[6]
• Reproductive Freedom for All: "Ohioans said "YES" to Issue 1, locking the right to abortion into their state constitution! TY to everyone who made this resounding victory possible. It is yet another reminder that when voters have a chance to protect abortion rights, that’s what they do!"^[7]
• Planned Parenthood Action: "Tonight, Ohioans overwhelmingly voted YES on Issue 1, a ballot measure to protect abortion rights in the state. Ohio became the latest state to make it clear: Patients — not politicians — should control their personal medical decisions."^[8]

Opponents

• Protect Women Ohio: "Our hearts are broken tonight not because we lost an election, but because Ohio families, women and children will bear the brunt of this vote … But rest assured: the pro-life movement is more united than ever. We stand ready during this unthinkable time to advocate for women and the unborn, just as we have always done. We persevered for 50 years to overturn Roe v Wade. Ours is a movement that has always endured, and always will. Tomorrow, the work starts again as we fight to be a voice for the voiceless and advocate for women and parents. We know that Issue 1 does not represent Ohio values. It took $35 million in out-of-state funding and ads filled with fear and deceit to push through the most radical abortion agenda in the country. An agenda that will cement late-term abortion in our constitution, strip parents of their rights, and wipe out health and safety protections for women. This is not the Ohio way, and we are united in our fight against these extreme policies."^[4]
• U.S. Senator J.D. Vance (R): "A lot of people are celebrating right now, and I don’t care about that. I do care about the fact that because we lost, many innocent children will never have a chance to live their dreams. There is something sociopathic about a political movement that tells young women (and men) that it is liberating to murder their own children. So let’s keep fighting for our country’s children, and let’s find a way to win."^[9]
• Ohio House Speaker Jason Stephens (R): "As a 100% pro-life conservative, I remain steadfastly committed to protecting life, and that commitment is unwavering. The legislature has multiple paths that we will explore to continue to protect innocent life. This is not the end of the conversation."^[4]
• Senate President Matt Huffman (R): "This isn't the end. It is really just the beginning of a revolving door of ballot campaigns to repeal or replace Issue 1."^[10]
• Ohio House of Representatives Republican Newsroom: "To prevent mischief by pro-abortion courts with Issue 1, Ohio legislators will consider removing jurisdiction from the judiciary over this ambiguous ballot initiative. The Ohio legislature alone will consider what, if any, modifications to make to existing laws based on public hearings and input from legal experts on both sides."^[11]
• Ohio House Speaker Jason Stephens (R), in response to statement from Ohio Republican lawmakers regarding "removing jurisdiction from the judiciary": "I mean, we believe in the constitution and the three branches of government. I think, you know, this is ‘Schoolhouse Rock’-type stuff. We need to make sure that we have the three branches of government, and the constitution is what we abide by."^[12]
• Catholic Bishops of Ohio Joint Statement: "Today is a tragic day for women, children and families in Ohio. We mourn that the dignity of human life remains concealed by the duplicity of a culture of death … Asking for God’s protection and mercy, we must look ahead. Despite the obstacles this amendment presents, the Catholic Church in Ohio will continue to work for policies that defend the most vulnerable, strengthen the child-parent relationship, and support women in need. As we pray for the conversion of minds and hearts to the gospel of life, we recommit ourselves to defending children in the womb and supporting women in need."^[13]

Overview

What did Issue 1 add to the Ohio Constitution?

See also: Constitutional changes

Issue 1 established a state constitutional right to "make and carry out one’s own reproductive decisions," including decisions about abortion, contraception, fertility treatment, miscarriage care, and continuing pregnancy.^[14]

The constitutional amendment allowed the state to restrict abortion after fetal viability, defined as "the point in a pregnancy when, in the professional judgment of the pregnant patient's treating physician, the fetus has a significant likelihood of survival outside the uterus with reasonable measures," unless an abortion "is necessary to protect the pregnant patient’s life or health."^[14]

What did the amendment change about abortion policies in Ohio?

See also: Status of abortion laws in Ohio

As of 2023, abortion was legal in Ohio for up to 21 weeks and six days of pregnancy. Another abortion-related law that was signed into law, Senate Bill 23, also called the Human Rights and Heartbeat Protection Act, was designed to ban abortion when the "unborn human individual the pregnant woman is carrying has a detectable fetal heartbeat," but makes exceptions in the case of a medical emergency of the pregnant woman. The Ohio Supreme Court blocked SB 23 pending a lawsuit.^[15] When it came to Issue 1 passing or failing, Grace Panetta, a reporter from The 19th News said, "If Issue 1 passes, abortion and other forms of reproductive health care will be protected in the state constitution ... If Issue 1 fails, the courts will most likely decide the fate of abortion access in Ohio."^[16]

Jason Sayat, an OB-GYN in private practice and member of Ohio Physicians for Reproductive Rights, which supported Issue 1, said, "What happens if Issue 1 fails this November? We don’t have to look that far back. We had 11 weeks last year during Ohio’s extreme six-week abortion ban endanger the lives and the health of patients throughout Ohio."^[17] The official argument filed in support of the amendment said, "YES protects patients and families from extreme abortion bans. If this amendment fails, abortion could be banned even in cases of rape, incest, or when a woman’s life is at risk."^[18]

Amy Natoce, spokeswoman for Protect Women Ohio, which opposed Issue 1, said, "By failing to explicitly define viability, and by giving abortionists the final word in determining when a child is viable on a case-by-case basis, Issue 1 leaves the door wide open for painful, late-term abortions."^[19] The official argument filed in opposition to the amendment said, "It’s an extreme attempt to create abortion-on demand and to eliminate reasonable health and safety standards for pregnant women. It ends parental notification and excludes parents from their child’s medical decisions. At its core, Issue 1 allows for-profit abortion providers, like Planned Parenthood, to self-regulate and perform abortions up to viability and beyond at the sole discretion of the abortionist."^[20]

A simple majority vote was required to approve the citizen-initiated constitutional amendment. In August, voters rejected a different Issue 1, which would have required a 60% vote, among other changes.

Who was behind the campaigns surrounding the initiative?

See also: Support and Opposition

Three PACs — Ohioans for Reproductive Freedom, Ohio Physicians for Reproductive Rights, and Ohioans United for Reproductive Rights — led the campaign in support of Issue 1. Together, the committees raised $53.8 million in contributions. Top donors included the Sixteen Thirty Fund, the Open Society Policy Center, Lynn Schusterman, The Fairness Project, and the ACLU Inc.^[21]

The initiative received support from the Ohio Democratic Party, ACLU of Ohio, Planned Parenthood Advocates of Ohio, and Ohio Women's Alliance. In support of the initiative, Dr. Lauren Beene, executive director of Ohio Physicians for Reproductive Rights, said, "Our common sense amendment will restore the rights and protections that were destroyed when Roe was overturned. It will preserve the doctor-patient relationship and empower all people to make their own reproductive health care decisions without interference from the government, lobbyists and politicians."^[22]

The Protect Women Ohio, Protect Women Ohio Action, and Protect Women Ohio Fund PACs led the campaign in opposition to the initiative. The committee reported $36 million in contributions. Top donors included Susan B. Anthony Pro-Life America, Protect Women Ohio Action, Inc., Knights of Columbus, Archdiocese of Cincinnati, the Catholic Diocese of Cleveland, and the Catholic Diocese of Columbus.^[21]

The initiative was opposed by the Ohio Republican Party, Ohio Right to Life, Center for Christian Values, and Right to Life Action Coalition of Ohio. In opposition to the amendment, Protect Women Ohio said, "Using the label 'reproductive freedom,' the abortion industry wants to bring taxpayer funded abortion at any time during pregnancy, including beyond the point at which an unborn baby can feel pain, to Ohio. Their proposal would outlaw protections for the most vulnerable and would eliminate basic health and safety regulations in place to protect women."^[23]

Did other states decide on similar ballot measures?

See also: History of abortion ballot measures

Since the 1970s, abortion-related policies have been a topic for statewide ballot measures across the U.S. In 2022, there were six ballot measures addressing abortion — the most on record for a single year. Measures were approved in California, Michigan, and Vermont. Measures were defeated in Kansas, Kentucky, and Montana. From 1970 to November 2022, there were 53 abortion-related ballot measures, and 43 (81%) of these had the support of organizations that described themselves as pro-life. Voters approved 11 (26%) and rejected 32 (74%) of these 43 ballot measures. The other 10 abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved seven (70%) and rejected three (30%).

Both supporters and opponents of Issue 1 noted the significance of this measure and the impact this could have on similar measures in other states. Dr. Lauren Beene, the executive director of Ohio Physicians for Reproductive Rights and a supporter of Issue 1, said, "We are going to do this. We are going to pass Issue 1 because this is our only option. We have no other option. There are so many states that are planning on doing this next year too and we need to show them that Ohio, as a bellwether of the country, is a pro-choice state. And in Ohio, we the people make decisions about our own healthcare and not the government."^[24]

Peter Range, executive director of Ohio Right to Life and an opponent of Issue 1, said, "I don’t know what will happen concerning how this vote in Ohio impacts things, but I do know Ohio is an important state. It’s an important electorate, and a win here would show those other states that will have these ballot measures in the years to come, ‘Hey, these battles can be won."^[19]

Before Roe v. Wade in 1973, three abortion-related measures were on the ballot in Michigan, North Dakota, and Washington, and each was designed to allow abortion in its respective state.

Two abortion-related ballot measures were certified on the ballot in 2024: one constitutional amendment in New York, and one constitutional amendment in Maryland.

Aftermath

The American Civil Liberties Union and Planned Parenthood filed a legal challenge to Senate Bill 23 on March 29, 2024. Jessie Hill, an attorney with the ACLU of Ohio, said, "These laws are now in clear violation of the newly amended Ohio Constitution, which enshrines the explicit and fundamental right to abortion and forbids the state from burdening, prohibiting, penalizing, and interfering with access to abortion, and discriminating against abortion patients and provider." A spokesperson for Ohio Attorney General David Yost said Senate Bill 23 "encompasses many abortion-related regulations in Ohio, including the requirement that abortion providers check for a fetal heartbeat before performing the procedure, reporting obligations for abortion providers and provisions related to informed consent."^[25]

Text of measure

Ballot title

In Ohio, the state Ballot Board approves the official ballot title. Secretary of State Frank LaRose (R), who served as the board's chairperson, proposed the ballot title, some of which the state Supreme Court amended.^[26] The following was the official ballot title:^[27]

“

Issue 1 A Self-Executing Amendment Relating to Abortion and Other Reproductive Decisions Proposed Constitutional Amendment Proposed by Initiative Petition To enact Section 22 of Article I of the Constitution of the State of Ohio A majority yes vote is necessary for the amendment to pass. The proposed amendment would: Establish in the Constitution of the State of Ohio an individual right to one's own reproductive medical treatment, including but not limited to abortion; Create legal protections for any person or entity that assists a person with receiving reproductive medical treatment, including but not limited to abortion; Prohibit the State from directly or indirectly burdening, penalizing, or prohibiting abortion before an unborn child is determined to be viable, unless the State demonstrates that it is using the least restrictive means; Grant a pregnant woman's treating physician the authority to determine, on a case-by-case basis, whether an unborn child is viable; Only allow the State to prohibit an abortion after an unborn child is determined by a pregnant woman's treating physician to be viable and only if the physician does not consider the abortion necessary to protect the pregnant woman's life or health; and Always allow an unborn child to be aborted at any stage of pregnancy, regardless of viability if, in the treating physician's determination, the abortion is necessary to protect the pregnant woman's life or health. If passed, the amendment will become effective 30 days after the election. Shall the amendment be approved?[28]

”

Litigation

See also: Ohioans United for Reproductive Rights, et al. v. Ohio Ballot Board, et al.

On September 19, 2023, the Ohio Supreme Court upheld most of the board-approved ballot language. Ohioans United for Reproductive Rights said that the ballot title was inaccurate, misleading, and argumentative, such as the use of unborn child instead of fetus, among other issues. The Supreme Court held that the ballot language was accurate, with the exception of the phrase “the citizens of the State of Ohio,” which was changed to “the State."^[26]

• State Rep. Elliot Forhan, who served on the state Ballot Board, said, "Extremists led by Frank LaRose ignored medical experts and legal experts by approving ballot language that is blatantly misleading and purposefully inaccurate solely for their own personal and political gain."^[29]
• Mary Cianciolo, a spokesperson for Secretary of State LaRose, responded, "By rejecting special interest attempts to substitute their own carefully crafted and poll tested language for that of the ballot board, they have ensured Ohio voters will have a full and accurate understanding of the proposed measure when they go to cast their ballots."^[30]

Constitutional changes

See also: Article I, Ohio Constitution

Issue 1 added a Section 22 to Article I of the Ohio Constitution. The following underlined text was added:^[14]

Note: Use your mouse to scroll over the below text to see the full text.

Article I, Section 22. The Right to Reproductive Freedom with Protections for Health and Safety A. Every individual has a right to make and carry out one’s own reproductive decisions, including but not limited to decisions on: 1. contraception; 2. fertility treatment; 3. continuing one’s own pregnancy; 4. miscarriage care; and 5. abortion. B. The State shall not, directly or indirectly, burden, penalize, prohibit, interfere with, or discriminate against either: 1. An individual's voluntary exercise of this right or 2. A person or entity that assists an individual exercising this right, unless the State demonstrates that it is using the least restrictive means to advance the individual's health in accordance with widely accepted and evidence-based standards of care. However, abortion may be prohibited after fetal viability. But in no case may such an abortion be prohibited if in the professional judgment of the pregnant patient’s treating physician it is necessary to protect the pregnant patient’s life or health. C. As used in this Section: 1. “Fetal viability” means “the point in a pregnancy when, in the professional judgment of the pregnant patient's treating physician, the fetus has a significant likelihood of survival outside the uterus with reasonable measures. This is determined on a case-by-case basis.” 2. “State” includes any governmental entity and any political subdivision. D. This Section is self-executing.[28]

Readability score

See also: Ballot measure readability scores, 2023

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state board wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 11, and the FRE is 36. The word count for the ballot title is 243.

Support

Ohioans for Reproductive Freedom led the campaign in support of the ballot initiative. Ohio Physicians for Reproductive Rights and Ohioans United for Reproductive Rights also registered to support the initiative. The groups that organized the campaign were the ACLU of Ohio, Abortion Fund of Ohio, New Voices for Reproductive Justice, Ohio Women’s Alliance, Planned Parenthood Advocates of Ohio, Preterm-Cleveland, Pro-Choice Ohio, and URGE.^[31][32]

Supporters

Officials

• U.S. Sen. Sherrod Brown (D)
• Massachusetts U.S. Sen. Elizabeth Warren (D)
• U.S. Rep. Joyce Beatty (D)
• U.S. Rep. Shontel Brown (D)
• U.S. Rep. Marcy Kaptur (D)
• California U.S. Rep. Ro Khanna (D)
• U.S. Rep. Greg Landsman (D)
• California U.S. Rep. Adam Schiff (D)
• U.S. Rep. Emilia Sykes (D)
• Illinois Gov. J.B. Pritzker (D)
• State Sen. Nickie Antonio (D)
• State Sen. Paula Hicks-Hudson (D)
• State Sen. Kent Smith (D)
• State Rep. Willis Blackshear Jr. (D)
• State Rep. Michele Grim (D)
• State Rep. Phil Robinson (D)
• State Rep. Allison Russo (D)
• State Rep. Anita Somani (D)
• State Rep. Bride Rose Sweeney (D)
• State Rep. Casey Weinstein (D)
• Cleveland Mayor Justin Bibb (Nonpartisan)
• Cuyahoga County Executive Chris Ronayne (D)

Former Officials

• New York City Mayor Michael Bloomberg (D)
• U.S. Secretary of State Hillary Clinton (D)
• Texas U.S. Rep. Beto O'Rourke (D)
• President Barack Obama (D)
• Gov. Ted Strickland (D)
• State Sen. Nina Turner (D)

Political Parties

• Green Party of Ohio
• Ohio Democratic Party
• Ohio Working Families Party

Unions

• Ohio Federation of Teachers

Organizations

• ACLU of Ohio
• Abortion Fund of Ohio
• American Academy of Pediatrics, Ohio Chapter
• American Civil Liberties Union
• American College of Obstetricians and Gynecologists, Ohio Section
• American College of Physicians, Ohio Chapter
• American Society for Reproductive Medicine
• Catholics for Choice
• Democratic Socialists of America
• Equality Ohio
• Families United for Freedom
• Feminist Majority Foundation
• Human Rights Campaign
• NAACP Cleveland
• National Association of Social Workers, Ohio Chapter
• National Lawyers Guild, Ohio Chapter
• New Voices for Reproductive Justice
• Ohio Citizen Action
• Ohio Women's Alliance
• Open Society Policy Center
• Planned Parenthood Action Fund
• Planned Parenthood Advocates of Ohio
• Preterm-Cleveland
• Pro-Choice Ohio
• Sixteen Thirty Fund
• Society for Maternal Fetal Medicine
• The Fairness Project
• The Freedom From Religion Foundation
• Tides Foundation
• URGE
• Women's March

Individuals

• Jaime Harrison (D) - Democratic National Committee Chairperson
• Lynn Schusterman - Chair of Schusterman Family Philanthropies
• Elizabeth Walters (D) - Ohio Democratic Party Chairwoman

Arguments

Official arguments

Opposition

Protect Women Ohio led the campaign in opposition to the initiative. The campaign stated, "Ohio women need to reject the abortion industry’s dangerous amendment, which would outlaw basic health and safety protections for women, eliminate parental notification and consent laws that protect minor girls, and allow painful abortions up until birth in our state."^[33] Protect Women Ohio also expended funds to support Issue 1, which voters rejected on August 8, in 2023.

Opponents

Officials

• U.S. Sen. J.D. Vance (R)
• U.S. Rep. Warren Davidson (R)
• U.S. Rep. Jim Jordan (R)
• U.S. Rep. Bob Latta (R)
• Gov. Richard Michael DeWine (R)
• State Sen. Niraj Antani (R)
• State Sen. Louis W. Blessing, III (R)
• State Sen. Andrew Brenner (R)
• State Sen. Jerry Cirino (R)
• State Sen. Matt Dolan (R)
• State Sen. Theresa Gavarone (R)
• State Sen. Robert Hackett (R)
• State Sen. Frank Hoagland (R)
• State Sen. Stephen Huffman (R)
• State Sen. Matt Huffman (R)
• State Sen. Terry Johnson (R)
• State Sen. Stephanie Kunze (R)
• State Sen. Al Landis (R)
• State Sen. George Lang (R)
• State Sen. Nathan Manning (R)
• State Sen. Sandra O'Brien (R)
• State Sen. Michele Reynolds (R)
• State Sen. Kristina Daley Roegner (R)
• State Sen. Mark J. Romanchuk (R)
• State Sen. Michael Rulli (R)
• State Sen. Tim Schaffer (R)
• State Sen. Shane Wilkin (R)
• State Sen. Steve Wilson (R)
• State Rep. Adam Bird (R)
• State Rep. Gary Click (R)
• State Rep. Steve Demetriou (R)
• State Rep. Jennifer Gross (R)
• State Rep. Christina Hagan (R)
• State Rep. Angela King (R)
• State Rep. Adam Mathews (R)
• State Rep. Melanie Miller (R)
• State Rep. Bill Seitz (R)
• State Rep. Jason Stephens (R)
• State Auditor Keith Faber (R)
• Lt. Gov. Jon Husted (R)
• Secretary of State Frank LaRose (R)
• State Treasurer Robert Sprague (R)
• Attorney General Dave Yost (R)

Candidates

• Bernie Moreno (R) - Candidate for U.S. Senate

Former Officials

• Secretary of State Ken Blackwell (R)
• Vice Pres. Mike Pence (R)

Political Parties

• Republican Party of Ohio

Organizations

• Catholic Conference of Ohio
• Center for Christian Virtue
• Dayton Right to Life
• Knights of Columbus
• Live Action
• March for Life
• Ohio Right to Life
• Right to Life Action Coalition of Ohio
• Roman Catholic Archdiocese of Cincinnati
• Roman Catholic Diocese of Cleveland
• Roman Catholic Diocese of Columbus
• Students for Life Action
• Susan B. Anthony Pro-Life America
• The Concord Fund

Individuals

• Tucker Carlson - TV Show Host
• Vivek Ramaswamy (R) - Presidential Candidate
• Ronna Romney McDaniel - Republican National Committee Chairwoman
• Dennis M. Schnurr - Roman Catholic Archbishop

Arguments

Official arguments

Campaign finance

See also: Campaign finance requirements for Ohio ballot measures

Three PACs — Ohioans for Reproductive Freedom, Ohio Physicians for Reproductive Rights, and Ohioans United for Reproductive Rights — registered to support Issue 1.^[21]

The Protect Women Ohio, Protect Women Ohio Action, and Protect Women Ohio Fund PACs registered to oppose Issue 1. The PACs also spent funds to support a constitutional amendment that was on the ballot for August 8, 2023.^[21]

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$50,266,399.12	$3,559,471.95	$53,825,871.07	$49,884,713.21	$53,444,185.16
Oppose	$35,299,327.06	$786,997.73	$36,086,324.79	$35,702,163.87	$36,489,161.60

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.^[21]

Committees in support of Issue 1
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Ohioans United for Reproductive Rights	$39,786,653.74	$2,759,929.88	$42,546,583.62	$39,665,552.98	$42,425,482.86
Ohioans for Reproductive Freedom PAC	$8,505,010.42	$430,546.69	$8,935,557.11	$8,312,489.74	$8,743,036.43
Ohio Physicians for Reproductive Rights PAC	$1,974,734.96	$368,995.38	$2,343,730.34	$1,906,670.49	$2,275,665.87
Total	$50,266,399.12	$3,559,471.95	$53,825,871.07	$49,884,713.21	$53,444,185.16

Donors

The following were the top donors who contributed to the support committees.^[21]

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Sixteen Thirty Fund	$6,967,600.00	$0.00	$6,967,600.00
Lynn Schusterman	$4,000,000.00	$0.00	$4,000,000.00
Open Society Policy Center	$4,000,000.00	$0.00	$4,000,000.00
Tides Foundation	$3,685,000.00	$0.00	$3,685,000.00
American Civil Liberties Union	$3,270,787.10	$218,651.87	$3,489,438.97
The Fairness Project	$2,800,000.00	$0.00	$2,800,000.00

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the measure.^[21]

Committees in opposition to Issue 1
Committee	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Protect Women Ohio	$29,990,868.20	$381,611.45	$30,372,479.65	$30,392,589.68	$30,774,201.13
Protect Women Ohio Action	$5,305,458.86	$405,386.28	$5,710,845.14	$5,309,544.19	$5,714,930.47
Protect Women Ohio Fund	$3,000.00	$0.00	$3,000.00	$30.00	$30.00
Total	$35,299,327.06	$786,997.73	$36,086,324.79	$35,702,163.87	$36,489,161.60

Donors

The following were the top donors who contributed to the support committees.^[21]

Donor	Cash Contributions	In-Kind Contributions	Total Contributions
Susan B. Anthony Pro-Life America	$19,969,000.00	$790,465.72	$20,759,465.72
The Concord Fund	$20,260,000.00	$0.00	$20,260,000.00
Knights of Columbus	$1,000,000.00	$0.00	$1,000,000.00
Archdiocese of Cincinnati	$500,000.00	$0.00	$500,000.00
Diocese of Columbus	$500,000.00	$0.00	$500,000.00
Ohio Right to Life	$275,000.00	$0.00	$275,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Media editorials

See also: 2023 ballot measure media endorsements

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

The following media editorial boards published an editorial supporting the ballot measure:

Opposition

The following media editorial boards published an editorial opposing the ballot measure:

Polls

See also: 2023 ballot measure polls

Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.

Ohio Right to Make Reproductive Decisions Including Abortion Initiative (2023)
Poll	Dates	Sample size	Margin of error	Support	Oppose	Undecided

Data for Progress	10/31/23-11/2/23	582 LV	± 4%	57%	40%	3%
	Question: "On November 7th, 2023 voters in Ohio will decide whether to enact State Issue 1, a proposed amendment to the Ohio Constitution. If passed, this amendment will go into effect 30 days after the election. The proposed amendment would establish a state constitutional right for an individual to carry out their reproductive decision without state interference. It would also prohibit the state from restricting abortion access from patients who medically need the procedure to protect their lives. If the election were held today and this amendment was on the ballot, would you vote for or against this amendment?"

Ohio Northern University	10/16/23-10/19/23	668 RV	± 3.8%	52%	36%	12%
	Question: "The following amendment, Issue 1, will be voted upon in this November’s election. It will: 1. Establish in the Constitution of the State of Ohio an individual right to one’s own reproductive medical treatment, including but not limited to abortion; 2. Create legal protections for any person or entity that assists a person with receiving reproductive medical treatment, including but not limited to abortion; 3. Prohibit the State from directly or indirectly burdening, penalizing, or prohibiting abortion before an unborn child is determined to be viable, unless the State demonstrates that it is using the least restrictive means; 4. Grant a pregnant woman’s treating physician the authority to determine, on a case-by-case basis, whether an unborn child is viable; 5. Only allow the State to prohibit an abortion after an unborn child is determined by a pregnant woman’s treating physician to be viable and only if the physician does not consider the abortion necessary to protect the pregnant woman’s life or health; and 6. Always allow an unborn child to be aborted at any stage of pregnancy, regardless of viability if, in the treating physician’s determination, the abortion is necessary to protect the pregnant woman’s life or health. Do you agree or disagree with the proposed amendment (Issue 1)?"

Baldwin Wallace University Community Research Institute	10/9/23-10/11/23	850 RV	± 4.5%	58.2%	33.5%	8.2%
	Question: "Issue 1 is an amendment to the Ohio Constitution which would protect the right to reproductive freedom, including “access to contraception, fertility treatment, continuing one’s own pregnancy, miscarriage care, and abortion.” The amendment would also allow the state to prohibit abortion after fetal viability, unless “it is necessary to protect the pregnant patient’s life or health.” If the election was held today, how would you vote on Issue 1?"

Ohio Northern University	7/17/2023-7/26/2023	675 LV	± 3.7%	53.8%	30%	16.2%
	Question: "A proposed constitutional amendment in Ohio aims to protect an individual’s personal autonomy on matters such as contraception, abortion, and fertility treatment. Do you agree or disagree with this measure?"

USA Today/Suffolk University	7/9/2023-7/12/2023	500 LV	± 4.4%	58%	32%	10%
	Question: "This November, Ohio voters may vote to enshrine abortion rights in the constitution. The amendment states that "every individual has a right to make and carry out one's own reproductive decisions, including but not limited to decisions on contraception, fertility treatment, continuing one's own pregnancy, miscarriage care and abortion." Abortion may be prohibited after fetal viability, when a treating physician determines the fetus has a significant likelihood of survival outside the uterus with reasonable measures. At this point, do you support or oppose this amendment?"

Baldwin Wallace University Community Research Institute	9/30/2022-10/3/2022	856 RV	± 1.23%	59.1%	26.7%	14.2%
	Question: "Would you vote YES or NO on a Constitutional amendment to make the right to an abortion a fundamental right in Ohio?"

Scripps News/YouGov	6/20/2023-6/22/2023	500 LV	± 5.95%	58%	23%	20%
	Question: "A proposed constitutional amendment in Ohio would protect an individual's right to make their own decisions about issues like abortion, contraception and fertility treatment. Do you agree or disagree with this proposition?"
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.

Debate

On October 11, 2023, the Ohio Debate Commission — in collaboration with Columbus Dispatch, Cincinnati Enquirer, and Spectrum News — conducted a forum regarding Issue 1.

Background

U.S. Supreme Court rulings on abortion

Dobbs v. Jackson Women’s Health Organization (2022)

See also: Dobbs v. Jackson Women’s Health Organization

In 2018, Jackson Women’s Health Organization, a clinic and abortion facility in Mississippi, challenged the constitutionality of the "Gestational Age Act" in federal court. The newly-enacted law prohibited abortions after the fifteenth week of pregnancy except in cases of medical emergencies or fetal abnormalities. The U.S. district court granted summary judgment in favor of the plaintiffs, holding that the law was unconstitutional, and put a permanent stop to the law's enforcement. On appeal, the 5th Circuit affirmed the district court's ruling. Click here to learn more about the case's background. On May 17, 2021, the Supreme Court of the United States agreed to hear the case.^[34]

On June 24, 2022, in a 5-4 vote, the Supreme Court of the United States found there was no constitutional right to abortion and overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). In a 6-3 ruling, the court upheld Mississippi's abortion law at issue in the case. Roe v. Wade found that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. In Planned Parenthood v. Casey, the Supreme Court reaffirmed the essential holding of Roe v. Wade but rejected the trimester framework established in the case. The high court affirmed that states could not ban abortions before fetal viability.

Roe v. Wade (1973)

In 1973, the Supreme Court of the United States issued its ruling in Roe v. Wade, finding that state laws criminalizing abortion prior to fetal viability violated the Due Process Clause of the Fourteenth Amendment of the United States Constitution. The high court held that states can regulate and/or prohibit abortions (except those to preserve the life or health of the mother) once a fetus reaches the point of viability. Roe v. Wade defined fetal viability as "the interim point at which the fetus becomes 'viable,' that is, potentially able to live outside the mother's womb, albeit with artificial aid." The high court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."^[35]

The ruling established a strict trimester framework to guide state abortion policies. States, according to this framework, were prohibited from banning or regulating abortion during the first trimester of pregnancy. During the second trimester, states were permitted to regulate abortion to protect the mother's health. During the third trimester, states were allowed to ban abortion, except in cases where an abortion is needed to preserve the life or health of the mother.^[35]

Status of abortion laws in Ohio

As of October 2023, abortion was legal in Ohio up to 21 weeks and 6 days of pregnancy. Another abortion-related law, Senate Bill 23, called the Human Rights and Heartbeat Protection Act, was signed into law by Governor Mike DeWine (R) on April 11, 2019. SB 23 passed the Ohio State Senate on March 13, 2023, by 19-13, with all nine Democrats voting against it, 19 Republicans voting for it, and four Republicans voting against it. It passed the Ohio General Assembly by 56-40 on April 10, 2023, with all 36 Democrats voting against it, 56 Republicans voting for it, and four Republicans voting against it. SB 23 was designed to ban abortion when the "unborn human individual the pregnant woman is carrying has a detectable fetal heartbeat, but makes exceptions in the case of a medical emergency of the pregnant woman, and does not allow for abortion without first checking for a fetal heartbeat, except in the cases of medical emergency, which is defined as, in the view of the physician, necessary to prevent the death of the pregnant woman or to avoid a serious risk of the substantial and irreversible impairment of a major bodily function of the pregnant woman that delay in the performance or inducement of the abortion would create.^[15]

SB 23 was blocked after the ACLU, ACLU of Ohio, Planned Parenthood Federation of America, and law firm WilmerHale filed a lawsuit in the Ohio Supreme Court to prevent SB 23 from going into effect.^[15]

Abortion regulations by state

See also: Abortion regulations by state

As of May 31, 2024, 41 states restricted abortions after a certain point in pregnancy.^[36] The remaining nine states and Washington, D.C., did not. Of the 41 states with established thresholds for restrictions on abortion:

• Fourteen states restrict abortion after conception
• Three states restricts abortion at six weeks post-fertilization
• Two states restrict abortion at 12 weeks post-fertilization
• One state restricts abortion at 15 weeks post-fertilization
• One state restricts abortion at 18 weeks since the last menstrual period
• Four states restrict abortion at 20 weeks post-fertilization or 22 weeks after the last menstrual period
• Four states restrict abortion at 24 weeks since the last menstrual period
• Eleven states restrict abortion at fetal viability
• One state restricts abortion in the third trimester

The map and table below give more details on state laws restricting abortion based on the stage of pregnancy. Hover over the footnotes in the table for information on legislation pending legal challenges or otherwise not yet in effect.

Some of the terms that are used to describe states' thresholds for abortion restriction include the following:

1. Conception: This threshold prohibits all abortions after conception, although some states provide exceptions if the woman's life or health is threatened.^[37]
2. Fetal heartbeat: This threshold restricts abortions after a fetal heartbeat can be detected, which may begin six weeks after the last menstrual period.^[38][39]
3. Fetal viability: In Roe v. Wade, SCOTUS defined fetal viability. The Supreme Court further noted that "viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."^[40]
4. Last menstrual period: This threshold marks the beginning of a pregnancy from the first day of a woman's last menstrual period.^[38]
5. Post-fertilization: Thresholds using post-fertilization mark the beginning of pregnancy at the time of conception, which can occur up to 24 hours following intercourse. A threshold of 20 weeks post-fertilization is equivalent to 22 weeks since last menstrual period.^[41]
6. Post-implantation: Thresholds using post-implantation mark the beginning of pregnancy at the date on which a fertilized egg adheres to the lining of the uterus, roughly five days after fertilization. A threshold of 24 weeks post-implantation is equivalent to 27 weeks since last menstrual period.^[41]

State abortion restrictions based on stage of pregnancy
State	Does the state restrict abortion after a specific point in pregnancy?	Threshold for restriction
Alabama	Yes	Conception
Alaska	No	None
Arizona	Yes	15 weeks since last menstrual period[42]
Arkansas	Yes	Conception
California	Yes	Fetal viability
Colorado	No	None
Connecticut	Yes	Fetal viability
Delaware	Yes	Fetal viability
Florida	Yes	Six weeks post-fertilization
Georgia	Yes	Six weeks post-fertilization
Hawaii	Yes	Fetal viability
Idaho	Yes	Conception
Illinois	Yes	Fetal viability
Indiana	Yes	Conception
Iowa	Yes	20 weeks post-fertilization
Kansas	Yes	20 weeks since last menstrual period
Kentucky	Yes	Conception
Louisiana	Yes	Conception
Maine	Yes	Fetal viability
Maryland	No	None
Massachusetts	Yes	24 weeks post-fertilization
Michigan	No	None
Minnesota	No	None
Mississippi	Yes	Conception
Missouri	Yes	Conception
Montana	Yes	Fetal viability
Nebraska	Yes	12 weeks post-fertilization
Nevada	Yes	24 weeks post-fertilization
New Hampshire	Yes	24 weeks since last menstrual period
New Jersey	No	None
New Mexico	No	None
New York	Yes	Fetal viability
North Carolina	Yes	12 weeks post-fertilization
North Dakota	Yes	Conception
Ohio	Yes	20 weeks post-fertilization
Oklahoma	Yes	Conception
Oregon	No	None
Pennsylvania	Yes	24 weeks since last menstrual period
Rhode Island	Yes	Fetal viability
South Carolina	Yes	Six weeks post-fertilization
South Dakota	Yes	Conception
Tennessee	Yes	Conception
Texas	Yes	Conception
Utah	Yes	18 weeks since last menstrual period
Vermont	No	None
Virginia	Yes	Third trimester since last menstrual period
Washington	Yes	Fetal viability
Washington, D.C.	No	None
West Virginia	Yes	Conception
Wisconsin	Yes	20 weeks post-fertilization
Wyoming	Yes	Fetal viability
Sources:Guttmacher Institute, "State Policies on Later Abortions," accessed November 25, 2022; CNA, "TRACKER: Check the status of abortion trigger laws across the U.S.," accessed November 25, 2022; The Fuller Project, "How major abortion laws compare, state by state," accessed November 25, 2022

History of abortion ballot measures

See also: History of abortion ballot measures

In 2022, there were six ballot measures addressing abortion — the most on record for a single year. Measures were approved in California, Michigan, and Vermont. Measures were defeated in Kansas, Kentucky, and Montana.

From 1970 to November 2022, there were 53 abortion-related ballot measures, and 43 (81%) of these had the support of organizations that described themselves as pro-life. Voters approved 11 (26%) and rejected 32 (74%) of these 43 ballot measures. The other 10 abortion-related ballot measures had the support of organizations that described themselves as pro-choice or pro-reproductive rights. Voters approved seven (70%) and rejected three (30%).

Before Roe v. Wade in 1973, three abortion-related measures were on the ballot in Michigan, North Dakota, and Washington, and each was designed to allow abortion in its respective state.

The following graph shows the number of abortion-related ballot measures per year since 1970:

State constitutional rights and abortion-related ballot measures

Constitutional rights

The topic constitutional rights addresses ballot measures that establish a state constitutional right to abortion. Campaigns that support these measures often describe themselves as pro-choice or pro-reproductive rights.

State	Year	Measure	Yes	No	Outcome
Colorado	2024	Right to Abortion and Health Insurance Coverage Initiative	N/A	N/A	N/A
Florida	2024	Amendment 4, Right to Abortion Initiative	N/A	N/A	N/A
Maryland	2024	Right to Reproductive Freedom Amendment	N/A	N/A	N/A
South Dakota	2024	Constitutional Amendment G, Right to Abortion Initiative	N/A	N/A	N/A
Ohio	2023	Issue 1: Right to Make Reproductive Decisions Including Abortion Initiative	56.78%	43.22%	a
California	2022	Proposition 1: Right to Reproductive Freedom Amendment	66.88%	33.12%	a
Michigan	2022	Proposal 3: Right to Reproductive Freedom Initiative	56.66%	43.34%	a
Vermont	2022	Proposal 5: Right to Personal Reproductive Autonomy Amendment	76.77%	23.23%	a

Constitutional interpretation

The topic constitutional interpretation addresses ballot measures designed to provide that state constitutions cannot be interpreted to establish a state constitutional right to abortion. These types of amendments are designed to address previous and future state court rulings on abortion that have prevented or could prevent legislatures from passing certain abortion laws. Campaigns that support these measures often describe themselves as pro-life.

State	Year	Measure	Yes	No	Outcome
Kansas	2022	No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment	41.03%	58.97%	d
Kentucky	2022	No State Constitutional Right to Abortion Amendment	47.65%	52.35%	d
Louisiana	2020	Amendment 1: No Right to Abortion in Constitution Amendment	62.06%	37.94%	a
Alabama	2018	Amendment 2: State Abortion Policy Amendment	59.01%	40.99%	a
West Virginia	2018	Amendment 1: No Right to Abortion in Constitution Measure	51.73%	48.27%	a
Tennessee	2014	Amendment 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment	52.60%	47.40%	a
Florida	2012	Amendment 6: State Constitution Interpretation and Prohibit Public Funds for Abortions Amendment	44.90%	55.10%	d
Massachusetts	1986	Question 1: No State Constitutional Right to Abortion and Legislative Power to Regulate Abortion Amendment	41.83%	58.17%	d

Path to the ballot

Process in Ohio

See also: Laws governing the initiative process in Ohio

In Ohio, the number of signatures required to get an initiated constitutional amendment placed on the ballot is equal to 10 percent of the votes cast in the preceding gubernatorial election. Ohio also requires initiative sponsors to submit 1,000 signatures with the initial petition application. Ohio has a signature distribution requirement, which requires that signatures be gathered from at least 44 of Ohio's 88 counties. Petitioners must gather signatures equal to a minimum of half the total required percentage of the gubernatorial vote in each of the 44 counties. Petitions are allowed to circulate for an indefinite period of time. Signatures are due 125 days prior to the general election that proponents want the initiative on.

The requirements to get an initiated constitutional amendment certified for the 2023 ballot:

• Signatures: 413,488 valid signatures were required.
• Deadline: The deadline to submit the signatures was July 5, 2023.

County boards of elections are responsible for verifying signatures, and the secretary of state must determine the sufficiency of the signature petition at least 105 days before the election. If the first batch of signatures is determined to be insufficient, the petitioners are given a ten-day window to collect more signatures.

Stages of this ballot initiative

On February 21, 2023, Ohioans for Reproductive Freedom filed the proposed citizen-initiated constitutional amendment with Attorney General Dave Yost (R).^[43] His office certified the petition on March 2, 2023.^[44] The Ohio Ballot Board certified the petition on March 13, 2023, allowing the campaign to begin collecting signatures.^[45]

On July 5, 2023, supporters of the ballot initiative filed 710,131 signatures. Secretary of State Frank LaRose (R) had until July 25, 2023, to announce the outcome of the signature drive.^[46]

On July 25, 2023, the secretary of state's office announced that of the 710,131 signatures submitted, 495,938 were valid. This met the valid signature requirement of 413,487 signatures.^[47]

Signature gathering cost

See also: Ballot measures cost per required signatures analysis

Sponsors of the measure hired Advanced Micro Targeting to collect signatures for the petition to qualify this measure for the ballot. A total of $6,650,000.00 was spent to collect the 413,488 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $16.08.

State of Ohio vs. Ohio Ballot Board

Lawsuit overview
Issue: Does the petition contain more than one proposed amendment, and should the petition be divided into individual petitions?
Court: Ohio Supreme Court
Ruling: The measure does not need to be divided
Plaintiff(s): Margaret DeBlase, et al.	Defendant(s): Ohio Ballot Board, et al.

  Source: Ohio Supreme Court

Margaret DeBlase and John Giroux with the Cincinnati Right of Life filed a lawsuit with the Ohio Supreme Court on March 20, 2023. The plaintiffs filed a verified complaint for a writ of mandamus to have the Ohio Supreme Court compel the Ohio Ballot Board to vacate the decision and determination that the initiative petition contained one proposed amendment. The lawsuit said that the initiative contained more than one proposed amendment, and that the initiative should be divided into individual petitions containing one proposed amendment each.^[48]

The attorney general's office responded in a brief on behalf of the Ohio Ballot Board on March 29, 2023, saying the "relators fail to state a claim upon which relief can be granted, that the "relators do not have a clear legal right to the relief sought," and "the Ballot Board does not have a clear legal duty to provide the Relators with the relief sought."^[49]

On June 1, 2023, the Ohio Supreme Court ruled that the proposed initiative did not need to be divided into two or more separate proposals. The court wrote, "Because the petition at issue in this case contains a single constitutional amendment, the ballot board did not abuse its discretion or disregard applicable law."^[50]

Giroux, et al. v. Committee representing petitioners, et al.

Lawsuit overview
Issue: Should the initiative include the text of statutory provisions that would be repealed if the initiative is approved?
Court: Ohio Supreme Court
Ruling: The law does not require a petition to include the text of an existing statute.
Plaintiff(s): Realtors Jennifer Giroux and Thomas E. Brinkman Jr	Defendant(s): Committee representing petitioners, Sec. of State Frank LaRose, et al.

  Source: Ohio Supreme Court Ruling

On July 28, realtors Jennifer Giroux and Thomas E. Brinkman Jr filed a lawsuit with the Ohio Supreme Court against the committees representing the petitioners of the initiative. The lawsuit said that the initiative did not list the text of statutory provisions that would be repealed if the initiative were to be approved by voters, and therefore should must be invalidated.^[51]

On August 11, 2023, the Ohio Supreme Court rejected the lawsuit. The opinion read, "The fair and natural reading of [the law] does not require a petition proposing a constitutional amendment to include the text of an existing statute."^[52]

Ohioans United for Reproductive Rights, et al. v. Ohio Ballot Board, et al.

Lawsuit overview
Issue: Did the Ohio Ballot Board adopt misleading language for the ballot title?
Court: Ohio Supreme Court
Ruling: Ruled in favor of defendant
Plaintiff(s): Ohioans United for Reproductive Rights, at al.	Defendant(s): Ohio Ballot Board, et al.

  Source: Ohio Supreme Court

On August 28, 2023, Ohioans United for Reproductive Rights filed a lawsuit with the Ohio Supreme Court to challenge the ballot language that was adopted by the Ohio Ballot Board and said that the ballot language adopted by the Ohio Ballot Board was misleading. The lawsuit said that Article XVI of the Ohio Constitution requires the Ohio Ballot Board to prescribe ballot language that does not "mislead, deceive, or defraud voters."^[53] In a brief filed on September 5, 2023, the relators requested that the Court should grant a writ of mandamus to instruct the Ohio Ballot Board reconvene and prescribe ballot language that meets the requirements set out in Article XVI of the Ohio Constitution.^[54]

Ohioans United for Reproductive Rights argued that the Ballot Board's use of the term unborn child rather than fetus, which is the term used in the amendment's full text, injects the Ballot Board's views on abortion into the ballot language. Plaintiffs alleged that the terms “fetus” or “fetal viability,” which appear in the proposed amendment’s text, are scientifically accurate and do not have associated moral judgments and connotations.^[26]

On September 19, 2023, the Ohio Supreme Court ruled that the ballot language was not inaccurate or misleading. The court wrote, "We disagree with relators because the ballot language is factually accurate. While relators do not like the way in which the language is phrased, the structure of the statements is not improperly argumentative. As stated above, this court will not deem language to be argumentative when it is accurate and addresses a subject in the proposed amendment." The court did order to change "citizens of the state" to "the state" because the former language "suggests that amendment could restrict certain activities of private citizens."^[26]

How to cast a vote

See also: Voting in Ohio

Click "Show" to learn more about current voter registration rules, identification requirements, and poll times in Ohio.

How to cast a vote in Ohio

Poll times In Ohio, all polling places are open from 6:30 a.m. to 7:30 p.m. Eastern Time. Voters who are in line at 7:30 p.m. are permitted to vote.[55] Registration Check your voter registration status here. To register to vote in Ohio, an applicant must be a United States citizen, a resident of Ohio for at least 30 days before the election, and at least 18 years old by the day of the election. Individuals who are incarcerated for a felony conviction, have been declared by a court to be incompetent for voting purposes, or have been permanently disenfranchised may not register to vote.[56] Applicants may register to vote online, in person, or by mail. The Ohio Voter Registration and Information Update Form is available online and can be requested by mail. In-person voter registration is available at various locations including the secretary of state and board of elections offices, Ohio Bureau of Motor Vehicles offices, public libraries and high schools, and other state agencies. A full list of locations is available here. The deadline to register to vote is 30 days before the next election. An Ohio driver’s license number, state ID card number, or the last four digits of a SSN is required in order to register to vote or update a voter registration.[57][58] Automatic registration Ohio does not practice automatic voter registration. Online registration See also: Online voter registration Ohio has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Ohio does not allow same-day voter registration. Residency requirements Prospective voters must be residents of Ohio for at least 30 days before the election. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Ohio does not require proof of citizenship for voter registration. Verifying your registration The Ohio Secretary of State’s Office allows residents to check their voter registration status online by visiting this website. Voter ID requirements Ohio requires voters to present photo identification while voting.[59] The following list of accepted ID was current as of April 2023. Click here for the Ohio Secretary of State page on accepted ID to ensure you have the most current information. “ Ohio driver's license; State of Ohio ID card; Interim ID form issued by the Ohio BMV; A US passport; A US passport card; US military ID card; Ohio National Guard ID card; or US Department of Veterans Affairs ID card All photo IDs must have the following: An expiration date that has not passed; A photograph of the voter; The voter’s name, which must substantially conform to the voter’s name as it appears in the Poll List or in the Poll Book[28] ”

See also

2023 measures 2023 ballot measures Abortion on the ballot 2023 legislative sessions

Ohio Ohio ballot measures Ohio ballot measure laws

News and analysis Ballot measure lawsuits Ballot measure readability Ballot measure polls

External links

• Ohio "Right to Reproductive Freedom With Protections for Health and Safety" Initiative

Footnotes

v • e 2023 ballot measures I&R States  • Colorado • Maine • Ohio • Oklahoma Non I&R States  • Louisiana • New York • Texas • Wisconsin Other Scorecard • Petition drive deadlines and requirements • Polls • Lawsuits • Readability analysis • Signature costs • Cost per required signatures analysis • Campaign finance • Media editorial endorsements • Voter guides • Potential measures • Ballot Measure Monthly • Changes in 2023 to laws governing the initiative process • Not on the ballot • Filed initiatives

	v • e State of Ohio Columbus (capital)
Elections	What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures
Government	Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy