Abortion-rights, cannabis ballot initiatives finalized Board adopts language written by LaRose’s office, sparking debate.
Ohioans now know the exact language they’ll see on the ballot in November when they vote on two pivotal statewide initiatives that could see the state legalize recreational marijuana and preserve abortion access.
The final language for both initiatives was decided relatively quickly by the Ohio Ballot Board Thursday, opting to adopt the language written and proposed by Ballot Board Chair and Secretary of State Frank LaRose and his office on both initiatives. The meeting’s brevity didn’t prevent disagreements from flaring between the board’s Republican and Democratic members when setting the official language on the abortion-rights amendment.
On the abortion-rights initiated amendment (Issue 1)
Officially, the abortion-rights amendment will now be known as Issue 1. It’s titled “A self-executing amendment relating to abortion and other reproductive decisions” on the November ballot, as approved by the board.
The language goes on to explain to voters that the amendment would establish an individual’s right to their own “reproductive medical treatment,” including but not limited to abortion. It also explains that the amendment creates legal protections from any person or entity that assists a person with exercising that right and prohibits “citizens of the State of Ohio” from burdening, penalizing, or prohibiting abortion, unless it’s demonstrably the least restrictive means.
The explanation also tells voters that a pregnant woman’s treating physician will be the one to determine, on a case-by-case basis, whether the fetus is viable, or if the mother’s health or life
is in danger. It tells voters, too, that an “unborn child” can be aborted at any stage or pregnancy, regardless of viability, if it’s necessary to protect the life or health of the mother.
Points of debate
The language proposed by LaRose differed from the language within the amendment itself in several key areas, which prompted Sen. Paula Hicks-Hudson, D-Toledo, to formally ask the ballot board to simply adopt the language of the amendment itself. Her motion failed along party lines, 3-2.
“The ballot board should trust the people of Ohio and adopt the full text of the proposed amendments,” Hicks-Hudson said. Her colleague Rep. Elliott Forhan, D-South Euclid, said the secretary of state’s proposed language was “rife with misleading and deceptive language.”
Forhan noted that the official language only addresses abortion and doesn’t address the other areas of reproductive rights that the amendment protects, including contraception, fertility treatment, miscarriage care, and the continuation of one’s own pregnancy. He noted, too, that the ballot language says that the “citizens of Ohio” are prohibited from directly or indirectly impeding abortions, whereas the amendment itself restricts the state.
Where the amendment refers to a “fetus,” the ballot language will now refer
to an “unborn child.” Forhan said this change reflects the Republican board member’s “personal viewpoint.”
Sen. Theresa Gavarone, R-Bowling Green, said the Ballot Board couldn’t just put the language of the amendment onto the ballot because, in her view, the amendment was intentionally drafted to be deceptive.
“The truth about this dangerous proposed amendment is hidden behind overly broad language,” Gavarone said in the midst of a speech railing against the amendment itself, a behavior that is generally not in keeping with the Ohio Ballot Board’s standard proceedings, as noted by LaRose several times throughout the meeting.
Her concern was rooted in what she characterized as the legalization of “painful, late term abortions.”
“As a woman and a mother, I consider it an abomination that we’re even talking about amending our constitution to allow for painful, late term abortions — an abomination. But that’s not why we’re here today. We’re here to create ballot language that accurately describes the proposed amendment, as written,” Gavarone said, before noting that she was proud to correct the record with the official ballot language.
LaRose reminded Gavarone that, despite agreeing with her sentiment, that the meeting is not meant to be a place to debate the merits. Hicks-Hudson said she was “appalled” by Gavarone’s comments.
“(It) really shows that this maybe really isn’t about the citizens and allowing
them to make a decision, but rather (this meeting is being used) to discuss the merits,” Hicks-Hudson said.
The board shortly thereafter voted to approve the official language 3-2.
“Having worked extensively on drafting this, I do believe it’s fair and accurate,” LaRose said. “Again, I think we’re going to have to agree to disagree on that. Of course, the written text of a 250+ word constitutional amendment creates, what I consider, a number of very substantial changes to the Ohio Constitution, we tried to summarize that the best way we can.”
On legalizing recreational marijuana through initiated statute (Issue 2)
Issue 2 this November will be a vote to legalize recreational marijuana use for Ohioans 21 or older. The ballot board titled the initiative, “To Commercialize, Regulate, Legalize, and Tax the Adult Use of Cannabis.”
Its ballot language, agreed upon unanimously, explains the various different regulations and rules that would go into effect if Ohioans were to pass it this November.
The language explains that the statute would legalize and regulate the cultivation, processing, sale, purchase, possession, home grow and use of cannabis and add an additional 10% sales tax on all recreational marijuana sales.