Ohio

• Congressional and Legislative Process

  Congressional

  Primary Authority: Congressional plans are either enacted by the Ohio General Assembly, subject to the Governor’s veto, or adopted by the Ohio Redistricting Commission, a 7-member body of elected officials and political appointees. If a bill is presented to the governor during or after session, the governor has 10 days to sign or veto it; otherwise, it becomes law without signature. Sundays are excluded from these calculations.

  Congressional redistricting authority, applicable criteria, and the length of time plans are effective for vary depending on when plans are passed, which authority passes them, and the level of bipartisan support they receive.

  The Ohio General Assembly has the first opportunity to enact a congressional plan. At least 3/5 of the members in each chamber must vote in favor of the plan, including at least ½ of the members from the two largest political parties in each chamber. If successful, this plan remains effective until the next year ending in 1. [Ohio Const. art. XIX, § 1(A)]

  If the General Assembly fails to pass a plan by this first deadline, the Ohio Redistricting Commission is formed to adopt a plan. At least 4 Commissioners must vote in favor of the plan, including at least 2 Commissioners from each of the two largest political parties in the General Assembly. If successful, this plan remains effective until the next year ending in 1. [Ohio Const. art. XIX, § 1(B)]

  If the Commission fails to adopt a plan by its deadline, authority passes back to the General Assembly which can enact either a 4-year plan or a 10-year plan. If the plan is passed by at least 3/5 of the members in each chamber, including at least 1/3 of the members from each of the two largest political parties therein, the plan remains effective until the next year ending in 1 (10-year plan). If the plan is passed by a simple majority of members, it must comply with additional redistricting criteria (listed below) and remains effective for two successive general elections (4-year plan). [Ohio Const. art. XIX, § 1(C)]

  If a four-year plan is passed, then the General Assembly must pass a new plan in the year following that plan’s expiration. This plan must be passed by at least 3/5 of the members in each chamber, including at least ½ of the members from each of the two largest political parties therein. If successful, this plan remains effective until the next year ending in 1. [Ohio Const. art. XIX, § 1(D)]

  If the General Assembly fails to enact a new plan by its deadline following the expiration of a 4-year plan, the Ohio Redistricting Commission is reconvened to adopt a plan. At least 4 Commissioners must vote in favor of the plan, including at least 2 Commissioners from each of the two largest political parties in the General Assembly. If successful, this plan remains effective until the next year ending in 1. [Ohio Const. art. XIX, § 1(E)]

  If the Commission fails to adopt a new plan by its deadline, authority passes back to the General Assembly with two different vote thresholds possible for enacting a plan. If it passes a plan by a 3/5 vote in each chamber, including at least 1/3 of the members of each of the two largest political parties therein, the plan remains effective until the next year ending in 1. If it passes a plan by a simple majority in each chamber, the plan remains effective until the next year ending in 1 but it must comply with the additional redistricting criteria (listed below). [Ohio Const. art. XIX, § 1(F)]

  Backup Authority: The Ohio Redistricting Commission assumes congressional redistricting authority at various points in the process if the General Assembly fails to enact a plan by its relevant deadline. The Commission is a 7-member body of elected officials and political appointees.

  • Members: The Governor, Auditor of State, and Secretary of State each serve as members. The Speaker of the Ohio House of Representatives, minority leader of the Ohio House, President of the Ohio Senate, and minority leader of the Ohio Senate each appoint 1 member. The legislative leaders of those two parties jointly select one Commissioner each to serve as the Commission’s co-chairs. [Ohio Const. art. XI, § 1(A); art. XIX, § 1(B)]
  • Timing: The Commission is reconvened anytime the General Assembly fails to enact a congressional plan by its relevant deadline. The Commission automatically dissolves four weeks after adopting a plan. [Ohio Const. art. XI, § 1(C); art. XIX, § 1]
  • Eligibility: Appointed Commissioners are prohibited from being current members of Congress. [Ohio Const. art. XI, § 1(A)]
  • Voting: When passing a congressional plan at any point in the process, at least 4 Commissioners must vote in favor of the plan, including at least 2 Commissioners from each of the two largest political parties in the General Assembly. A majority vote is required for the Commission to adopt rules, hire staff, and expend funds, but if a majority cannot be reached on the expenditure of funds, then each co-chair is entitled to expend ½ of the funds appropriated to the Commission. [Ohio Const. art. XI, § 1(B)(2); art. XIX, §§ 1(B), (E)]
  • Public Input & Transparency: The Commission is required to hold at least 2 public hearings on a proposed congressional plan prior to adopting one as final. The Commission must facilitate and allow for the submission of proposed plans from members of the public. Any final plan filed with the Secretary of State must include both a legal description of the district boundaries and all underlying data necessary to create a congressional plan. [Ohio Const. art. XIX, §§ 1(G) – (I)]

  Advisory Authority: The Legislative Task Force on Redistricting, Reapportionment, and Demographic Research, a 6-member, politically appointed body, aids the General Assembly and Ohio Redistricting Commission in creating plans. [Ohio Rev. Code Ann. § 103.51]

  • Members: The President of the Ohio Senate and the Speaker of the Ohio House each appoint 3 members. For each appointing authority, no more than 2 appointees can be of the same political party and 1 must not be a member of the Ohio General Assembly. The Speaker and President each select one of their appointees to serve as co-chairs of the task force.
  • Timing: Appointments must be made within 15 days after the commencement of the 1st regular session of each General Assembly.

  Mapping Timeline: Prior to passing or adopting a final plan at any of the points specified below, the General Assembly or Commission must hold the required public hearings on a proposed plan.

  • General Assembly’s 1st Attempt: Must pass a plan with 3/5 support in each chamber, including at least ½ of the members from the two largest parties therein, no later than the last day of September in years ending in 1. [Ohio Const. art. XIX, § 1(A)]
  • Ohio Redistricting Commission’s 1st Attempt: If the General Assembly fails, must adopt a final plan by the last day of October in years ending in 1. [Ohio Const. art. XIX, § 1(B)]
  • General Assembly’s 2nd Attempt: If the Commission fails, must pass a ten-year plan or four-year plan (subject to additional criteria) no later than the last day of November in years ending in 1. [Ohio Const. art. XIX, § 1(C)]
  • General Assembly’s 1st Attempt to Replace Four-Year Plan: Must pass a final plan with 3/5 support in each chamber, including at least ½ of the members from the two largest parties, no later than the last day of September of the year following the year in which the four-year plan expired. If successful, this plan remains effective until the next year ending in 1. [Ohio Const. art. XIX, § 1(D)]
  • Ohio Redistricting Commission’s 1st Attempt to Replace Four-Year Plan: If the General Assembly fails, must adopt a final plan no later than the last day of October of the year following the year in which the four-year plan expired. If successful, this plan remains effective until the next year ending in 1. [Ohio Const. art. XIX, § 1(E)]
  • General Assembly’s 2nd Attempt to Replace Four-Year Plan: If the Commission fails, must pass a final plan no later than the last day of November of the year following the year in which the four-year plan expired. If passed with 3/5 support in each chamber, including at least 1/3 of the members from the two largest parties, the plan remains effective until the next year ending in 1. If passed with a simple majority in each chamber, the plan remains effective until the next year ending in 1 but must comply with additional criteria (listed below). [Ohio Const. art. XIX, § 1(F)]

  Redistricting Criteria: Ohio has two sets of congressional redistricting criteria. One set applies to all congressional plans regardless of who passed them. If the General Assembly passes a plan by a simple majority, the plan must comply with the second set of criteria in addition to the first set of generally applicable criteria.

  • For All Congressional Plans: Compact (unless plan passed by simple majority, see below); Contiguous; 65/88 Counties must be kept whole, 18/88 counties can be split no more than once, and 5/88 counties can be split no more than twice; If a district contains only a portion of a county, the district’s area must be contiguous within that county; No two districts can share portions of more than one county except for a county with more than 400,000 people. If a county contains more than the ideal population for a congressional district, the following rules apply to the treatment of municipal corporations or townships therein: If the municipality contains more than the ideal district population, it can be split and combined with nearly municipalities in the county with similar interests; If the municipality has at least 100,000 persons but less than the ideal district population, it cannot be split unless the county has two such municipalities, in which case only the more populous one cannot be split. [Ohio Const. art. XIX, § 2]
  • If General Assembly’s Plan Passed by Simple Majority: Attempt to draw districts that are compact; No unduly split governmental units (giving preference first to whole counties then to whole townships and municipal corporations); No plan unduly favoring or disfavoring a political party or its incumbents. [Ohio Const. art. XIX, §§ 1(C)(3), (F)(3)]

  Public Input & Transparency: At all points throughout the process, a joint committee of the General Assembly is required to hold at least 2 public hearings on a proposed congressional plan prior to passing a final plan. The General Assembly must facilitate and allow for the submission of proposed plans from members of the public. Any final plan sent to the Governor must include both a legal description of the district boundaries and all underlying data necessary to create a congressional plan. If it was passed by the General Assembly by a simple majority, it must also include an explanation of its compliance with the additional redistricting criteria. [Ohio Const. art. XIX, §§ 1(C)(3)(d), (F)(3)(d), (G) – (I)]

  Map Challenges: Filed in the Ohio Supreme Court. If the Court strikes down a plan or portion thereof, the General Assembly must pass a remedial plan changing only those areas identified as defective no later than the 30th day after the date of the order, if not appealable, or the 30th day after the last day on which an appeal could have been filed. If the General Assembly fails to pass a remedial plan by its deadline, the Ohio Redistricting Commission must reconvene and adopt a remedial plan, again changing only the parts identified as defective, no later than the 30th day after the General Assembly’s missed deadline. The Ohio Supreme Court does not retain authority to review a remedial plan; instead, a new challenge must be filed. [Ohio Const. art. XIX, § 3]

  Legislative

  Primary Authority: The Ohio Redistricting Commission, a 7-member body of elected officials and political appointees, draws and adopts legislative plans. In its first attempt, if successful, the Commission adopts a plan that is effective for ten years. If it fails to adopt a plan by its first deadline, it has another opportunity to adopt a plan that will be effective for either ten years or two successive general elections (four-year plan), depending on the level of Commissioner support the plan was adopted with. If it passes a four-year plan, after that plan expires the Commission reconvenes and must adopt a new plan that will be effective until the next year ending in 1, even if it passes by simple majority.

  • Members: The Governor, Auditor of State, and Secretary of State each serve as members. The Speaker of the Ohio House of Representatives, minority leader of the Ohio House, President of the Ohio Senate, and minority leader of the Ohio Senate each appoint 1 member. The legislative leaders of those two parties jointly appoint one Commissioner each to serve as the Commission’s co-chairs. [Ohio Const. art. XI, § 1(A)]
  • Timing: The Governor must convene the Commission’s first meeting in years ending in 1 during which the Commission must adopt procedural rules. The Commission is automatically dissolved 4 weeks after the adoption of a plan. If the original plan adopted was a four-year plan, the Commission must reconvene and adopt a replacement plan no earlier than the first day of July in the year following the year in which the plan ceased to be effective. [Ohio Const. art. XI, §§ 1(C); 8(D)]
  • Eligibility: Appointed Commissioners are prohibited from being current members of Congress. [Ohio Const. art. XI, § 1(A)]
  • Voting: In the Commission’s first attempt, the adoption of legislative plans requires an affirmative vote from at least 4 Commissioners, including at least 2 Commissioners from each of the two largest political parties in the General Assembly. In the Commission’s second attempt, it only needs a simple majority to introduce a proposed plan. During this second attempt, the Commission can adopt a final plan that is effective until the next year ending in 1 with the 4 Commissioner, bipartisan vote described above, or one that is effective for two successive general elections (four-year plan) with a simple majority vote. When replacing a four-year plan, the Commission can adopt a final plan by majority vote which will remain effective until the next year ending in 1. [Ohio Const. art. XI, §§ 1(B); 8] A simple majority vote is required for all other official actions including the adoption of rules for the Commission, hiring of staff, and expenditure of funds. If a majority cannot be reached on the expenditure of funds, then each co-chair is entitled to expend ½ of the funds appropriated to the Commission. [Ohio Const. art. XI, § 1(B)]
  • Public Input & Transparency: The Commission must release a proposed legislative plan to the public. After introducing, but before adopting, a proposed plan, the Commission must hold at least 3 public hearings across the state to present the plan and collect public input. All Commission meetings are open to the public and must be broadcast via electronic transmission so as to be readily accessible by the public. [Ohio Const. art. XI, § 1(C)] If the Commission misses its first deadline and introduces a proposed plan by a simple majority vote, the Commission must hold a public hearing on the proposed plan to collect public testimony and adopt amendments, if any. Only a quorum of Commissioners is required for this hearing. [Ohio Const. art. XI, § 8(A)]

  Advisory Authority: The Legislative Task Force on Redistricting, Reapportionment, and Demographic Research described above aids the Ohio Redistricting Commission in creating plans. [Ohio Rev. Code Ann. § 103.51]

  Mapping Timeline:

  • Commission’s 1st Attempt: After holding the required public hearings on a proposed plan, the Commission must adopt a final plan by the 4-Commissioner, bipartisan vote described above and file it with the Secretary of State no later than the first day of September in years ending in 1. If successful, this plan remains effective until the next year ending in 1. [Ohio Const. art. XI, §§ 1(B)(3), (C)]
  • Commission’s 2nd Attempt: If it misses its first deadline, the Commission must hold the required public hearing(s), adopt a final plan, and file it with the Secretary of State no later than September 15 of years ending in 1. If adopted by the 4-Commissioner, bipartisan vote described above, the plan remains effective until the next year ending in 1. If adopted by a simple majority vote, the plan remains effective for two successive general elections (four-year plan). [Ohio Const. art. XI, § 8]
  • Replacing a Four-Year Plan: The Commission must reconvene and adopt a new legislative plan not earlier than the first day of July in the year following the year in which the previous plan ceased to be effective. Even if passed by a simple majority, this plan remains effective until the next year ending in 1. [Ohio Const. art. XI, § 8(D)]

  Redistricting Criteria:

  • State Senate: Composed of 3 contiguous House districts; Counties only split if contain more than the ideal Senate district population and, if so, remaining territory in the county can only be assigned to one adjoining Senate district. If not possible to draw House districts that would allow the Commission to comply with all House and Senate district requirements, Commission must violate as few Senate requirements as possible. [Ohio Const. art. XI, § 4]
  • State House: Max +/- 5% population deviation; Contiguous; Counties only split when necessary and, where feasible, no counties split more than once. Minimize splits of municipal corporations and townships containing more than 50% but less than 100% of the ideal district population; If necessary to split, only one municipal corporation or township can be split per House district. If not possible to comply with the above splitting rules for any particular district, the Commission must take the first of the following actions, in order of priority, that is possible: Split two municipalities whose contiguous portions don’t contain a population between 50% and 100% of the ideal population; Split one municipality whose contiguous portions contain between 50% and 100% of the ideal population; Split a single county once which contains between 95% and 105% of the ideal population; Include in two districts the remaining territory of a county containing more than 105% of the ideal population after that county has been divided into as many districts as it has ideal population for. [Ohio Const. art. XI, § 3]
  • Both: Commission must attempt to comply with all of the following: Compact; No plan drawn primarily to favor or disfavor a political party; Statewide proportion of districts whose voters favor each political party must correspond closely to the statewide preferences of Ohio voters. [Ohio Const. art. XI, § 6]

  Map Challenges: Filed in the Ohio Supreme Court. The Court is prohibited from ordering the Commission to implement any plan that hasn’t been approved by the Commission, nor can it direct the Commission to adopt any particular plan or draw any particular district. If the Court finds that a plan has one or more isolated violations of the state’s constitutional requirements, it must order the Commission to amend the plan to correct such violations. If the Court finds it necessary to amend 6 or more House districts, or 2 or more Senate districts, or both, the Court must declare the entire plan invalid and order the Commission to adopt a new plan. Similarly, when reviewing a plan adopted by a simple majority of Commissioners or one adopted to replace a four-year plan, the Court must order a new plan be drawn and adopted if both of the following are true: The plan significantly violates requirements so as to materially affect the plan’s ability to contain districts whose voters favor political parties in an overall proportion corresponding closely to the statewide party preferences of Ohio voters, and the statewide proportion of districts in the plan whose voters favor each party do not correspond closely to the statewide preferences of Ohio voters. [Ohio Const. art. XI, § 9]

• Ballot Measure & Referendum Process

  Types of Measures: Direct and indirect initiatives and referendums are permitted to amend statutes. Direct initiatives are permitted to amend the state constitution. Legislatively initiated ballot measures can amend both statutes and the state constitution.

  Single-Subject Rule: Yes.

  Initiative Subject Restrictions: Initiatives cannot contain measures involving property taxes, non-legislative issues, or the establishment of monopolies.

  Signature Requirements: 1000 preliminary signatures are required for all petitions. Constitutional amendments require signatures equal to 10% of all votes cast for all candidates for Governor in the previous gubernatorial election, 6% for veto referendums, and 3% for statutory initiatives (3% to send to the General Assembly and, if they fail to enact it, another 3% to place the measure directly on the ballot). Signatures must be collected from at least 44 of Ohio’s 88 counties. For constitutional amendments, the signatures from each of those counties must be equal to at least 5% of the votes cast for a gubernatorial candidate in the previous general election, 3% for veto referendums, 1.5% for an initiative to go to the General Assembly and another 1.5% to place that initiative directly on the ballot. 4,134,877 people voted for a gubernatorial candidate in the 2022 general election in Ohio, so 413,488 are required for constitutional amendments, 248,093 for veto referendums, and 124,047 for statutory initiatives.

  Submission Deadlines: Constitutional amendments must be submitted 125 days prior to the election in which it is to appear on the ballot (July 3, 2024). To submit a statutory initiative to the General Assembly, the petition must be submitted no less than 10 days prior to the convening of the General Assembly. If the General Assembly fails to enact the measure within 4 months, the supplemental signatures must be submitted within 90 days of the General Assembly’s rejection of, or failure to act on, the measure, and the petition must generally be filed no less than 125 days prior to the election in which it is to appear on the ballot. If a referendum petition is filed less than 125 days before the next general election, the referendum will be placed on the next general election ballot that occurs over a year later. For all types of petitions, if signatures are deemed insufficient or invalid, proponents are given an additional 10 days to collect and file additional signatures.

  Circulation Period: Not specified.

  Ballot Title and Summary: The ballot title and summary are written by the proponents, subject to approval by the Secretary of State. Expedited reviews for titles and summaries are not permitted.

  Other Requirements: A fiscal impact statement is required. Circulators must be at least 18 years old and have a permanent residence in the state. There are no supermajority requirements. The General Assembly can amend or repeal an approved statute through a majority vote. Constitutional amendments can be altered by the General Assembly with a 3/5 vote in both chambers as well as a majority vote of the people. Initiatives are permitted on general and off-year election ballots, but not on primary or special election ballots.

  [Ohio Const. art. II, §§ 1 – 1g; art. XVI; Ohio Rev. Code Ann. §§ 3519.01 – 3519.22; Ohio Attorney General Website]

• Previous Redistricting Cycles

  2010

  • Congressional
    • Original Plan – HB 319
      • Passed = September 21, 2011 (R-controlled)
      • Signed = September 26, 2011
    • Amended Plan – HB 369
      • Passed = December 14, 2011 (R-controlled)
      • Signed = December 15, 2011
    • Litigation History
      • Ohio A. Philip Randolph Inst. v. Householder, 373 F.Supp.3d 978 (S.D. Ohio 2019): Plaintiffs challenged the General Assembly’s amended congressional plan (HB 369) as an unconstitutional partisan gerrymander in violation of the U.S. Constitution’s 1st and 14th Amendments and Elections Clause. On May 3, 2019, the district court ruled in favor of the plaintiffs, finding that several of the districts were drawn with the intent to burden the plaintiffs’ constitutional rights, that the plan as a whole violated their associational rights without legitimate justification, and that it exceeded the state’s redistricting authority under the Elections Clause.
      • Vacated & Remanded, 140 S.Ct. 101 (2019): U.S. Supreme Court vacated and remanded the district court’s ruling for further consideration in light of Rucho v. Common Cause’s ruling that partisan gerrymandering claims are nonjusticiable political questions beyond the reach of federal courts.
  • Legislative
    • Commission’s Plans
      • Adopted = September 28, 2011
    • Litigation History
      • Wilson v. Kasich, 134 Ohio St. 3d 221 (Ohio 2012): Plaintiffs challenged the Ohio Apportionment Board’s adopted legislative plans as unconstitutional on the grounds that when adopting the plans, the Board impermissibly considered partisan intent and violated the state constitution’s redistricting procedures, and other state laws related to government transparency. On November 27, 2012, the Ohio Supreme Court ruled in favor of the defendants and upheld the plans, finding that the plaintiffs failed to overcome the presumption of constitutionality afforded to the Board’s adopted plans.

  2000

  • Congressional
    • Original Plan – HB 471
      • Passed = January 23, 2002 (R-controlled)
      • Signed = January 24, 2002
    • Litigation History
      • None
  • Legislative
    • Commission’s Plan
      • Adopted = October 1, 2002
    • Litigation History
      • Parker v. Ohio, 263 F.Supp.2d 1100 (S.D. Ohio 2003): Plaintiffs challenged the Ohio Apportionment Board’s adopted legislative plans on the grounds it violated Section 2 of the Voting Rights Act and the 14th and 15th Amendments to the U.S. Constitution. On May 23, 2003, the district court ruled in favor of the defendants, finding that plaintiffs failed to show that race was the predominant factor when creating the plan and failed to establish the necessary preconditions for a violation of Section 2 of the Voting Rights Act.
        • Aff’d, 540 U.S. 1013 (2003).

Current districts for Ohio by chamber, shaded by the incumbent’s party.

No active cases on record for Ohio.