KillTheBill

Roughly a month ago today, I wrote a post outlining the referendum process to repeal SB 5

If you recap that post, here’s what’s already occurred:

Step 1: Bill is signed by Governor Kasich.  That occurred around 7 p.m. on March 31, 2011.  The bill was filed the next day with the Ohio Secretary of State office (April 1), meaning that absent a referendum, it will be effective (become law) on July 1.

Step 2: Form a referendum committee.  On March 22, 2011, the organization “We Are Ohio” was registered with the Ohio Secretary of State’s office as a referendum committee organized to subject SB 5 to a referendum.

Step 3: Gather an initial 1,000 signatures to submit the proposed language of the referendum and summary for review by the Secretary of State’s office and the Ohio Attorney General.   The signatures were gathered over the weekend throughout the State at events such as in Columbus, Cincinnati, and Youngstown.  I know I got an urgent e-mail from the Butler County Democratic Party asking for signatures yesterday.  My understanding is that the petitions are being filed today, on the anniversary of the assassination of Dr. Martin Luther King, Jr., who was killed while in Memphis to support striking sanitation workers.

Step 4: The submission of the petition with 1,000 valid signatures with a summary and total bill to the Ohio Attorney General and Secretary of State triggers a review that must be completed within ten business days. 

Husted compares the submitted language with that of the bill he filed on Friday.  If they are similar and accurate, he certifies the issue.  Ohio Attorney General Mike DeWine, before the Ohio Ballot Board, will review the proposed summary of the referendum and decided whether the summary accurately reflects what the referendum would do.  Under R.C. 3519.01(A), DeWine is to examine whether the summary prepared by the referendum campaign is a “fair and truthful statement” of SB 5 provisions.  If he finds it so, it is then forwarded to the Ohio Ballot Board.

The 90-day clock continues to tick during this ten-day review.  Until both Husted and DeWine certify the issue, the effort to circulate signatures is on hold.  Once approved, the referendum campaign has the remainder of the time to gather and submit the over 230,000 signatures necessary to place SB 5 on the ballot.

The real question is how political is Mike DeWine going to get as to the summary (which we have not yet seen.)  With a bill that was hundreds of pages long, DeWine could potentially insists that certain terms of the bill that conservatives believe make it favorable specifically referenced in the summary while objecting to the inclusion of harsher, anti-union terms as being too argumentative.

If the referendum committee receives approval by DeWine, it goes to the Ohio Ballot Board which must determine whether the proposal concerns one law or multiple.  If multiple, the Board can certify it back to the Ohio Attorney General as multiple issues to be voted on, triggering the referendum committee to get the AG’s approval of their summary of the multiple issues before he files his certification to the Secretary of State.  See, R.C. 3505.062

The Ohio Ballot Board is a bipartisan board chaired by Husted and comprised of one member each appointed by the President of the Senate, Senate Minority Leader, Speaker of the House, or House Minority Leader.

So, there can be some potential of partisan games to be played.  But I believe Husted wishes to avoid being a polarizing figure like Blackwell was when he was Secretary of State, and I question how much Mike DeWine really wants to get involved and associated with SB 5.

The next ten business days after the petition is submitted to both will be telling.

  • Poor Bill.. he is the victim of hateful rhetoric with those cross hairs.

  • Common Sense

    Let us not forget, in our fight over Senate Bill 5, that the Governor’s budget is coming up and contains language similar to SB 5. The budget needs to fought as well!

  • Anonymous

    Again, it’s easy to say we lost therefore they must have sucked, but the reality is more complicated than that. Compared to other States, Ohio’s GOTV effort by the Dems was far more successful. A GOTV operation can’t make a person who doesn’t want to vote, vote. And that was the problem. Was there things the ODP could have done better? Sure. Were these races winnable? Strickland and Cordray definitely were. But we have to also acknowledge that the tide was definitely against us and there’s only so much mitigation of the damage ODP could have done.

  • It looks to me that there are _two_ 10-day reviews:

    First, under §3501.05 a “preliminary” petition is submitted to the Secretary of State for review of the “real” petition’s language. This preliminary petition is to contain (1) the law the petition seeks to create (presumably, in this case, a law repealing SB5 as enacted” and (2) a summary of the law, in this I’m guessing the summary will have to include a summary of SB 5 itself.

    Under §3519.01, “If, in the opinion of the attorney general, the summary is a fair and truthful statement of the proposed law,” the petition gets certified and then sent to the Ohio ballot board for its approval under division (A) of section 3505.062 of the Revised Code,” which then has 10 days to “to determine whether it contains only one proposed law.”

    Assuming it has passed both reviews the referendum petition is then certified and filed.

    Note, I practiced law years ago in a state far from here and I don’t claim any expertise in Ohio law and I have not looked to see it there are any additional regulations in effect under these Ohio Code sections.

  • Hey, Modern, I thought we liberals decided that crosshair imagry was evil? 😛

  • Who’s got odds on someone earnestly complaining about that?

  • Mm44333

    I recall Palin herself was against crosshair imagery as well, which is why that’s a surveyor’s mark over the schoolhouse rocks Bill.

  • Well to be fair, crosshairs over “the bill” is a precisely good metaphor. Opponents want to “kill the bill”. Now “targeting” certain elected leaders with crosshairs is another thing entirely.

    But yes. How very insensitive of Modern to threaten Bill physically in this way. LOL

  • Jim

    In my opinion, it is extremely stupid to put this issue on the 2011 ballot – an election year when the voter turn-out will be low, because NO “high-profile” offices or campaigns will be on the ballot.

    It would have been MUCH smarter to target November 2012, when the presidential election would bring a huge number of voters.

    The issue could have been put on the ballot as a constitutional amendment to protect and strengthen collective bargaining.

    We would have had more advance time to write the petition language, as well as to get signatures, organize, raise funds and educate voters.

    I have a bad feeling, in the rush to put this on the 2011 ballot, we will be giving the opposition have an opportunity to brainwash the voters with slick TV commercials and other propaganda.

  • I think we all wish we could push this one to 2012, Jim. But this is the only way to keep it from becoming law. The bulk of union contracts are up in 2012 and I don’t think anyone is willing to risk letting this become law so maybe we can get a constitutional amendment passed in 2012.

    The last off-year referendum vote was 1997 and the turnout was pretty good actually.

    And the money will be coming in from out-of-state interests as well as from state and local chambers supporting Kasich and the bill whether we do it this year of next.

  • Anonymous

    The GOP specifically passed the bill in time to force a 2011 vote. The union didn’t have a choice, I don’t believe. It was either referendum in ’11 or nothing.

  • Anonymous

    The GOP specifically passed the bill in time to force a 2011 vote. The union didn’t have a choice, I don’t believe. It was either referendum in ’11 or nothing.

  • Anonymous

    The GOP specifically passed the bill in time to force a 2011 vote. The union didn’t have a choice, I don’t believe. It was either referendum in ’11 or nothing.

  • Anonymous

    The GOP specifically passed the bill in time to force a 2011 vote. The union didn’t have a choice, I don’t believe. It was either referendum in ’11 or nothing.

  • Anonymous

    I’m sorry if my depiction of violence against imaginary cartoon characters for political allegory offending anyone… I still watch Tom & Jerry, the original Itchy and Scratchy.

  • Anonymous

    I’m sorry if my depiction of violence against imaginary cartoon characters for political allegory offending anyone… I still watch Tom & Jerry, the original Itchy and Scratchy.

  • Anonymous

    I’m sorry if my depiction of violence against imaginary cartoon characters for political allegory offending anyone… I still watch Tom & Jerry, the original Itchy and Scratchy.

  • Anonymous

    I’m sorry if my depiction of violence against imaginary cartoon characters for political allegory offending anyone… I still watch Tom & Jerry, the original Itchy and Scratchy.

  • Random Thoughts

    Actually, I think this might be a good thing.

    Who are the majority of people who will come out to vote this year if this issue is on the ballot? I tend to think the people who oppose SB5 will come out in droves to vote, if for nothing else than this referendum. Supporters of SB5 most likely won’t feel as strongly and may be a little more apathetic about whether they vote or not.

    We just have to make sure our voices are heard loud and clear from now until November.

  • Xx

    Those aren’t cross hairs, they are….

  • Rkcrlc08

    What if Dewine does not approve it?

  • JR

    I believe Mike DeWine has aspirations to become Governor or possibly back to the US Senate again so his politics may be more neutral. He was a product of the partisan sweeps at the federal level in 2008 and I am sure he sees what is going to happen in 2012.

  • Miles

    Um, Husted championed the voter ID bill that says your photo ID must have your current address, or the “no college students can vote” bill.

    Husted IS Ken Blackwell. He just washed off the blackface.

  • Not that it was our choice, but the benefit to it being 2011 over 2012 is it will be fresh in everyone’s mind and provide less time for pro-SB5 propaganda. The hurt and anger will still be pretty fresh 7 months from now.

    ETA: Oops.. that should have been in reply to Jim’s post.

  • Anonymous

    They have additional time to make changes to the summary to try and get it approved.

Looking for something?

Use the form below to search the site:


Still not finding what you're looking for? Drop a comment on a post or contact us so we can take care of it!