Proposed constitutional change before Ohio voters could determine abortion rights in the state

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A hurried and emotionally charged special election on Tuesday in Ohio might shape the future of abortion rights in the state and could affect national political strategies for 2024. The election features Issue 1 on the ballot, which if passed, would increase the requirement for future amendments to Ohio’s constitution from a simple majority to a 60% vote. This proposal is mainly targeted at a planned constitutional amendment set for November, aiming to guarantee reproductive health care rights in the state’s foundational law.

The proposal has drawn substantial voter interest, with nearly 700,000 early and mail-in ballots cast, doubling the early vote count from Ohio’s last two midterm primary elections in 2022 and 2018. Historically, Ohio’s August elections have centered around local issues and experienced consistently low participation.

Republicans supporting Issue 1 insist that the intention is not to obstruct the forthcoming abortion amendment, even though it includes the reinstatement of an August special election previously voted to be abolished. Increasing the passing requirement for citizen-initiated constitutional amendments might hinder, if not outright prevent, the success of the fall proposal, according to poll numbers. Since Roe v. Wade was overturned last year, several states have upheld abortion rights, though generally with less than 60% support.

Last year, AP VoteCast polling found that 59% of Ohio voters believe abortion should typically be legal. Funds from both in-state and out-of-state have flooded the contest over the 60% threshold, with both sides asserting a goal to limit special interests’ sway over state policies.

Proponents and opponents of Issue 1 have waged campaigns focusing on various concerns, such as political influence, redistricting, and the impact on ordinary Ohioans. Abortion rights, however, remain central to the dispute, as Ohio, like other states, now has control over its abortion laws following the overturning of Roe v. Wade. An existing ban on most abortions in Ohio has been temporarily allowed and then frozen again due to ongoing legal challenges.

The proposed abortion amendment aims to empower individuals to make personal decisions regarding reproductive health, including contraception, fertility treatments, abortion, and miscarriage care, up until fetal viability. But a wide range of bipartisan opposition to Issue 1 exists, including former state officials who denounce the change as unsound governance. If accepted, it would roll back 111 years of direct democracy, potentially impacting future citizen-led ballot efforts.

Misleading advertisements and fear tactics have characterized the campaigns, with Protect Women Ohio, a group against the abortion question, spending millions on the August election. They have aired commercials suggesting the measure might pressure children into gender-affirming care and undermine parental rights, claims that legal experts say have no basis in the amendment’s text.

Opponents of Issue 1 have also run ads and organized a broad coalition involving voting rights, labor, faith, and community groups, plus the state’s Democratic Party. The reinstatement of the August special election, eliminated last year due to historically low turnout, has led to a failed lawsuit alleging this year’s election violates the new law, further casting doubts if it was revived solely to hinder abortion rights in Ohio.

The Big Big News receives backing from several private foundations for enriched coverage of elections and democracy, while the AP retains full responsibility for the content. Samantha Hendrickson, affiliated with Big Big News/Report for America Statehouse News Initiative, contributed to this report. Report for America is a non-profit national service program that places journalists in local newsrooms to cover underreported subjects.

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