Ohioans will vote in November on Issue 1, a redistricting proposal that would exclude politicians from the process in favor of a citizens’ commission. But there is a problem. Readers were concerned that the messages both for and against the amendment were misleading.
Both the “Vote Yes” and “Vote No” sites claim that their site will put an end to gerrymandering. We explain what you’re actually voting for and answer any other questions you may have.
What am I voting on?
You will vote on whether Ohio should exclusion of politicians from the process of changing electoral districts.
Right now, Ohio’s elected officials and lawmakers are drawing maps — ones that directly impact them and their colleagues.
The Ohio Redistricting Commission (ORC) is made up of seven points. Two of them in the House of Representatives will always go to Republicans and two to Democrats. The three remaining seats include governor, secretary of state and auditor.
This led to Ohio’s redistricting mess in 2021 and 2022, when the bipartisan Ohio Supreme Court struck down seven different adopted maps as unconstitutional, citing that GOP committee members had drawn lines to unfairly benefit their party .
Vote “yes” on issue 1 will create a 15-member Ohio Citizens Redistricting Commission (OCRC) composed of Republican, Democratic and Independent citizens who broadly represent various geographic areas and demographics of the state.
It bars current or former politicians, political party officials, lobbyists and gigantic political donors from serving on the commission.
It requires fair and impartial electoral districts, making it unconstitutional to draw electoral districts that discriminate against or favor any political party or individual politician. It also directs the commission to operate through an open and independent process.
Commissioners would draw maps based on federal law, also taking into account data from previous elections on partisan preferences. The commission would ensure that each district had a reasonably equal population and that the communities concerned stayed together.
Vote no on issue #1 would reject the proposal of an independent commission and leave the current composition. Voting “no” may also mean that you hope that Republicans will keep their word and propose a “solution” to improve the system in the coming months.
How do we know whether the commission would be truly independent?
Everyone involved in the process must be vetted by various agencies, starting with the Bipartisan Screening Panel (BSP). The Ohio Board of Elections helps elect the BSP, which includes four retired judges.
The panel would work with an independent search firm to solicit applications and check applicants’ backgrounds, references, possible conflicts of interest, relevant experiences and skills, and social connections. The candidate will also be assessed on his or her “commitment to impartiality, compromise and integrity.”
As mentioned above, the amendment prohibits current or former politicians, political party activists, lobbyists and gigantic political donors from serving on the commission.
Party affiliation will be determined based on many factors, including voting results, political donations and campaign activities.
The panel will then announce a list of 90 potential commissioners, 30 from each association within the commission – Republicans, Democrats and unaffiliated Ohioans. The panel and the company will open a public portal where individuals can comment.
The panel will then select 45 finalists. The panel selected six commissioners at random. These six commissioners will meet and select the remaining nine.
There is also a clause stating: “All applications must be submitted under penalty of perjury within the deadline set by the non-partisan qualifying committee.”
This appears to mean a clause dealing with the consequences of lying to the BSP, said Case Western Reserve University election law professor Atiba Ellis.
“Lying to get on the committee would probably have consequences,” Ellis said.
Why do both sides claim this stops gerrymandering? Why do they both have the right to say so?
First Amendment.
“People can say whatever they want to advocate for their side,” Ellis said. “In fact, the Supreme Court even said that politicians can lie when making political statements. Of course, these lies have consequences, but the protection afforded to political speech is the highest value of the First Amendment.”
Which page is exact?
The ‘Vote Yes’ website will stop gerry manipulation, the professor said.
“Republicans arguing that this would result in gerrymandering are walking on the thin reed of arguing that there is partisan representation on the commission and that a partisan result is expected — when the reality is that the proposal is aimed at representing the state it targets people want to vote,” Ellis said. “Being representative of the state is not gerrymandering, making politicians more powerful than they are popular is gerrymandering.”
The nonpartisan legal expert continued that Republicans “have tried to hide this difference.”
What’s the deal with voting language?
The Republican-controlled voting board changed the language that will be evident during voting.
Instead of using the language voters signed to get the amendment on the ballot, Republican Sec. of state Frank LaRose and the elections commission changed the language of the amendment to state that the commission would be “obligated to gerrymander.”
Supporters of the proposal filed a lawsuit, but the Republican-led Ohio Supreme Court allowed it to go ahead.
“Never in my life did I think I would be telling people, ‘Don’t read carefully what’s on the ballot,’” said Annette Tucker Sutherland of the League of Women Voters. “Do your homework before you get there, read everything before you get there.”
Who supports each side?
Vote Yes
Fans have hundreds of them organizations ranging from trade unions, through religious groups, to business owners.
“Our support comes from a broad coalition of Republicans, independents and Democrats who want to exclude politicians from the process because they have repeatedly demonstrated that they are either unwilling or unable to submit fair maps,” said Citizens Not Politicians spokesman Chris Davey. he said.
Former GOP Chief Justice Maureen O’Connor is the face of the campaign, showing that this is not a partisan issue.
They raised over $23 million.
Most of the money comes from out-of-state progressive groups, which is typical of Ohio election campaigns, regardless of party.
Vote no
Opponents of Issue 1 include the Ohio GOP, although some Republican lawmakers told me they hope it passes, and several organizations. This includes Ohio Right to Life, the Ohio Chamber of Commerce, the Ohio Bureau of Agriculture, the Ohio Manufacturers Association, Buckeye Firearms and the Black Equity and Redistriting Fund.
The campaign against No. 1, called Ohio Works, reported no contributions or expenses as of the end of July. They did not respond to our request for updated numbers.
We contacted each of the six organizations opposing the amendment to ask whether they had donated any money to Ohio Works. The Chamber, Buckeye Firearms and the Black Equity and Redistriting Fund responded by donating any portion they did not. Both Buckeye Firearms and Black Equity and Redistriting Fund said they only utilize their platforms to explain their beliefs.
The Ohio Republican Party is the group that did the signage, so it’s spending the money, but it’s unclear what Ohio Works received or paid for.
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This article was originally published on News5Cleveland.com and are published in the Ohio Capital Journal under a content sharing agreement. Unlike other OCJ articles, it is not available for free republication on other news outlets because it is owned by WEWS in Cleveland.
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