By JAN LARSON McLAUGHLIN
BG Independent News
Lifelong Republican Betty Montgomery doesn’t mince words when she sees a threat to democracy.
The former Wood County prosecuting attorney, Ohio senator, state auditor and state attorney general, has been outspoken in her concerns about the lingering support for former president Donald Trump – going as far as predicting continued support will mean the demise of the Republican party.
Now, Montgomery is sounding the alarm about what she sees as another enemy of democracy – Ohio Issue 1 on the Aug. 8 ballot.
Issue 1, which if passed by 50% plus one vote, would require 60% support to pass any future citizen-initiated amendment to the state constitution. That is wrong on many levels, Montgomery said during a weekend phone interview.
“There is so much about Issue 1 that is anti-democratic,” she said.
Montgomery isn’t the only state leader to criticize the issue. In an almost unheard of bipartisan effort, four former Ohio governors and five former state attorneys general have taken a formal stand against the issue.
In a nation where cooperation and compromise have become signs of weakness, Montgomery continues to fight against extremism. Her concerns about Issue 1 include the basics of who, what, where, when, why, and who’s paying? Specifically:
- The traditionally low voter turnout in August that will be deciding the future of Ohio citizen initiatives.
- The new petition signature requirements that go far beyond any other state’s requirements and open the process up to corruption.
- The hypocrisy of using special interest money to fund an issue that is being presented as a way of stopping special interests in Ohio.
- The reasonable safeguards already in place for citizen proposed amendments.
- The obvious “nefarious” legislative motives behind the issue to promote anti-abortion law in Ohio and continue refusal to comply with redistricting laws.
The proposed requirement of 60% of voters to pass a citizen-led proposal is “dangerous,” Montgomery said.
“That’s just anti-democratic,” she said. “It’s wrong that 40% of the folks can make a decision for the other 60%.”
Those promoting Issue 1 have said the current system makes it too easy for voters to pass amendments.
But Ohio already has a lot of safeguards in place to prevent voters from passing unworthy amendments, Montgomery said. In the last 110 years, citizens have proposed 71 amendments. Just 19 of those passed with the current standard of 50% plus one vote to win.
“It’s tough already,” she said.
Under the current law, petitioners must collect thousands of signatures, fight off legal challenges, and convince citizens to vote in favor of an issue.
“It is not easy,” Montgomery said.
The proposed changes will make it nearly impossible for any citizen-initiated issue to pass. In addition to the 60% vote required, petitioners would have to collect a certain number of signatures in all 88 counties – well above the 44 counties required now.
“It is deliberately difficult already. Now they are making it almost impossible,” she said.
There would also be no “cure period” for petitioners to collect additional signatures if they fell short of the required number with their initial submission.
“It’s just a recipe for corruption,” Montgomery said. All it will take is one county, one board of elections, to throw out an issue supported by voters across the state. Ohio would be the only state with such strict requirements, she said.
“A very few people could result in the petition being rejected,” she said. “That would defeat the issue for the 87 other counties.”
Putting power in the hands of a few is never good.
“We’re right on the heels of fighting the biggest corruption scandal in the state’s history,” she added. “A handful of people could corruptly make it impossible to get anything on the ballot.”
The timing and financing of Issue 1 also smell of hypocrisy, Montgomery said.
The state legislature had decided in 2022 to not put any more state issues on the August special election ballot because of the costs and traditionally low voter turnouts of around 7%.
“That was the right thing to do,” Montgomery said.
But within a few months, the Republican led General Assembly reversed plans and decided Issue 1 should go on this year’s August ballot.
This poses a double whammy to democracy, she said, by putting a statewide issue that would limit citizens’ rights on the ballot when very few citizens are even aware there is an election.
Then there is the promotion for Issue 1, telling Ohioans that it will keep special interest money out of election issues.
“This is just ludicrous,” Montgomery said. “They are complaining about special interests having a seat at the table – using the funding of special interests. It’s so hypocritical.”
Montgomery also said the real purpose behind Issue 1 is state control over reproductive rights and redistricting. The new requirements will make it very difficult for voters to ensure reproductive rights, and to continue the quest for redistricting.
“I’m sympathetic to the fact that so many of the population feel so strong about the abortion issue,” she said. “I understand this is such an important issue for them. But looking down the road, they are giving up the right to govern themselves.”
“People would be handing over the keys for their number one democratic right,” Montgomery said. “It would be a short-term fix and a long-term tragedy.”
Earlier this year, the Republican and Democratic former attorneys general sent a letter to Ohio lawmakers, asking them to abandon the controversial changes in Issue 1.
“Constitutions are designed to endure, and major changes in fundamental constitutional arrangements should not be made unless the changes are supported by a careful understanding of the policies being changed and the consequences of the proposed changes. Such changes should not be made without the opportunity for participation of those most intimately affected by the constitution—the people. Clearly, that has not happened in this rush to revise our constitution,” the letter read.
“If the increase in the passing percentage had been in effect, many important amendments that are part of our political heritage would have failed, including the initiative and referendum, home rule, civil service reform, the Clean Ohio Fund, the Third Frontier Project, and other important bond issues to support economic development, conservation, and housing,” the attorneys general said.
