Bail, voting requirements in Ohio; legislative sessions, abortion in Kentucky

Election Day is one week away. Ohio and Kentucky voters will see not only candidates but two statewide issues on their ballots, while Indiana voters will see just candidates. Here’s a look at the Ohio and Kentucky ballot measures. 

Ohio 

On Ohio Issue 1, a proposed constitutional amendment, Ohio voters will decide whether judges must consider public safety when setting bail amounts. 

The issue arose in a Hamilton County case in which Sheriff Charmaine McGuffey challenged the reduction of bail from $1.5 million to $500,000 for defendant Justin DuBose, who was charged with murder in July 2020. 

The Ohio Supreme Court in a 4-3 decision in January upheld an appeals-court decision that said maintaining a high bail amount to keep a suspect in jail violates rules that the court established.  

The Ohio House of Representatives and Ohio Senate passed joint resolutions to place the proposed amendment on the ballot. 

Issue 1 language: 

TO REQUIRE COURTS TO CONSIDER FACTORS LIKE PUBLIC SAFETY WHEN SETTING THE AMOUNT OF BAIL 

To amend Section 9 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: 

• Require Ohio courts, when setting the amount of bail, to consider public safety, including the seriousness of the offense, as well as a person’s criminal record, the likelihood a person will return to court, and any other factor the Ohio General Assembly may prescribe. 
• Remove the requirement that the procedures for establishing the amount and conditions of bail be determined by the Supreme Court of Ohio. 

If passed, the amendment will be effective immediately. 

Issue 2, another proposed constitutional amendment, would limit voting in local elections to only U.S. citizens who are state/local residents and meet the requirements of an elector. Federal law already limits voting in federal elections — such as presidential, U.S. House or U.S. Senate races — to U.S. citizens only. 

Yellow Springs, Ohio, passed a referendum in 2019 that would allow non-U.S. citizens to vote in its local elections. That became the impetus for the ballot issue. The Ohio Constitution says, “Every citizen of the United States….” and who has the qualifications of an elector can vote. The proposed amendment would change that to “only a citizen of the United States.” 

According to Ballotpedia.org, a nonprofit website devoted to politics and policy, 11 municipalities in Maryland and two municipalities in Vermont allow noncitizens to vote in local elections. San Francisco allows noncitizens to vote in school board elections. This year, the New York Supreme Court struck down a New York City law, passed last November by city council, that would have allowed an estimated 800,000 noncitizens to vote in municipal elections. 

Similar to Issue 1, the proposed Issue 2 constitutional amendment came after the Ohio House of Representatives and Ohio Senate passed joint resolutions. 

Issue 2 language: 

TO PROHIBIT LOCAL GOVERNMENT FROM ALLOWING NON-ELECTORS TO VOTE 

To amend Section 1 of Article V, Section 3 of Article X, and Section 3 of Article XVIII of the Constitution of the State of Ohio. A majority yes vote is necessary for the amendment to pass.  

The proposed amendment would: 

• Require that only a citizen of the United States, who is at least 18 years of age and who has been a legal resident and registered voter for at least 30 days, can vote at any state or local election held in this state. 
• Prohibit local governments from allowing a person to vote in local elections if they are not legally qualified to vote in state elections. 
•  If passed, the amendment will be effective immediately. 

Kentucky 

Kentucky voters also will decide two statewide ballot issues, both proposed constitutional amendments. 

Constitutional Amendment 1 — a 744-word ballot measure — would allow the state legislature (the General Assembly) to extend its regular sessions to later in the year and also permit legislators to call themselves into special sessions. Currently, sessions end either in March or April, and only the governor can call special sessions. 

Constitutional Amendment 1 language: 

“Are you in favor of amending the present Constitution of Kentucky to repeal sections 36, 42, and 55 and replace those sections with new sections of the Constitution of Kentucky to allow the General Assembly to meet in regular session for thirty legislative days in odd-numbered years, for sixty legislative days in even-numbered years, and for no more than twelve additional days during any calendar year if convened by a Joint Proclamation of the President of the Senate and the Speaker of the House of Representatives, with no session of the General Assembly to extend beyond December 31; and to provide that any act passed by the General Assembly shall become law on July 1 of the year in which it was passed, or ninety days after passage and signature of the Governor, whichever occurs later, or in cases of emergency when approved by the Governor or when it otherwise becomes law under Section 88 of the Constitution? 

Proposed New Section 

• (1) The General Assembly, in odd-numbered years, shall convene in regular session on the first Tuesday following the first Monday in January for the purpose of electing legislative leaders, adopting rules of procedure, organizing committees, and introducing and considering legislation. 
• (2) No regular session of the General Assembly occurring in odd-numbered years shall continue beyond thirty legislative days. 
• (3) No bill raising revenue or appropriating funds shall be passed by the General Assembly in a regular session in an odd- numbered year unless it shall be agreed upon by three-fifths of all the members elected to each House. 
• (4) The General Assembly, in even-numbered years, shall convene in regular session on the first Tuesday following the first Monday in January, and no regular session of the General Assembly in even-numbered years shall extend beyond sixty legislative days. 
• (5) Except as otherwise provided in this Constitution, the General Assembly shall establish by general law or joint resolution the date the regular session shall end. No bill establishing a later date shall be passed by the General Assembly unless it shall be agreed upon by three-fifths of all the members elected to each House. No session of the General Assembly shall extend beyond December 31. 
• (6) In addition to a regular session, the General Assembly may be convened by Joint Proclamation of the President of the Senate and the Speaker of the House of Representatives for no more than twelve legislative days annually, during which the General Assembly may recess from time to time as it determines necessary. Should a vacancy occur in the office of the President of the Senate or the Speaker of the House of Representatives, the Joint Proclamation for the House with the vacancy may be issued by the Senate President Pro Tempore or the Speaker Pro Tempore of the House of Representatives. 
• (7) All sessions of the General Assembly shall be held at the seat of government, except in the case of war, insurrection, or pestilence, when it may, by Joint Proclamation of the President of the Senate and the Speaker of the House of Representatives, assemble, for the time being, elsewhere. Should a vacancy occur in the office of the President of the Senate or the Speaker of the House of Representatives, the Joint Proclamation for the House with the vacancy may be issued by the Senate President Pro Tempore or the Speaker Pro Tempore of the House of Representatives. 
• (8) Limitations as to the length of any session of the General Assembly shall not apply to any extraordinary session under Section 80 of this Constitution or in the Senate when sitting as a court of impeachment. 
• (9) A legislative day shall be construed to mean a calendar day, exclusive of Sundays, legal holidays, or any day on which neither House meets. 

Proposed New Section 

No act, except general appropriation bills, shall become a law until July 1 of the year in which it was passed, or until ninety days after it becomes law under Section 88 of this Constitution, whichever occurs later, except in cases of emergency, when, by the concurrence of a majority of the members elected to each House of the General Assembly, by a yea and nay vote entered upon their journals, an act may become a law when approved by the Governor or when it otherwise becomes a law under Section 88; but the reasons for the emergency that justifies this action must be set out at length in the journal of each House.” 

Constitutional Amendment 2, if approved, would add language to the state constitution saying that the state does not provide a right to an abortion and that the state is not required to provide public funding for abortions. 

Constitutional Amendment 2 language: 

“Are you in favor of amending the Constitution of Kentucky by creating a new Section of the Constitution to be numbered Section 26A to state as follows: To protect human life, nothing in this Constitution shall be construed to secure or protect a right to abortion or require the funding of abortion?” 

The state House and Senate voted to put both proposed amendments before voters.