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Home / Elections & Ballot Issues / Ohio Issues Procedures / Procedure

for a Statewide Referendum
Procedure for a Statewide Referendum

What is a referendum?
Simply put, a referendum is a challenge to a bill recently passed by the Ohio
General Assembly and signed into law by the Governor. Any citizen who disagrees
with the newly-created law, can follow procedures outlined in the Ohio
Constitution and Ohio Revised Code to put the question of whether the new law
should go into effect to a statewide vote.

Matters not subject to a referendum are: (1) emergency laws necessary for the
immediate preservation of public peace, health or safety, (2) tax levies, and (3)
appropriations for current expenses for state government and state institutions.
These laws go into effect immediately. Ohio Const. Art II, sec. 1d, 1e.

Please note: This procedural outline is not legal advice and should not be relied upon
as the sole source of information. Petitioners must comply with all applicable sections
of the Ohio Constitution and the Ohio Revised Code.

Petitioners are encouraged to consult legal counsel.

Requirement Action Authority
Petitioners must designate a committee of three to Ohio Revised
Create Petitioners
five individuals to represent them in all matters Code Section:
Committee
relating to the petition. 3519.02
1. An initial written petition, signed by 1,000
Ohio registered voters, must be submitted to
the Secretary of State with the full text and Ohio
summary of the law or section of the law to Constitution:
be referred. Article II,
File Initial Petition 2. Within ten (10) days of receiving the Section 1c
with Ohio Attorney petition, the Secretary of State shall verify Ohio Revised
General and the number of valid signatures and compare Code Sections:
Secretary of State the full text of the law or section of the law 3501.05;
with the law on file with her office. If the 3519.01;
petition text is correct, the Secretary of State 3519.05;
shall certify.
3. On the same day or within one business day

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before or after the petitions is filed with the

Secretary of State, a copy of the petition
with the full text and summary of the law or
section of the law must be filed with the
Attorney General.
4. Within ten (10) days of receiving the
petition, the Attorney General will certify if
he or she believes the summary to be a fair
and truthful statement of the law or section
of law to be referred. If the Attorney
General certifies the summary, petitioners
can move on to the next step. If the
Attorney General does not certify the
summary, petitioners may start this process
over.

1. In order to begin gathering signatures, the

petitioners must create a petition. It may be
made up of part-petitions, but all separate Ohio
part-petitions shall be submitted at one time Constitution:
as one instrument. Article II,
2. Each part-petition shall have the following Section 1g
heading: “To be submitted to the electors for Ohio Revised
Create Petitions & their approval or rejection.” This heading Code Sections:
Gather Signatures must be followed by a copy of the title and 3501.38;
full text of the law or section of law to be 3501.381;
referred. 3501.382;
3. If any individuals gathering the signatures 3503.06;
will be paid, each individual must fill out and 3519.05;
file Form 15 with the Secretary of State 3519.01
prior to circulating any petitions.

1. The total number of signatures on the Ohio

petitions must equal at least six percent (6%) Constitution:
of the total vote cast for the office of Article II,
Signature governor at the last gubernatorial election. Section 1c;
Requirements The Secretary of State may not accept any Article II,
petition for filing which does not appear to Section 1g
contain the minimum number of required Ohio Revised
signatures. Code Section:

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2. The signatures must have been obtained

from at least 44 of the 88 counties in Ohio.
From each of these 44 counties, there must
be signatures equal to at least three percent
(3%) of the total vote cast for the office of
governor in that county at the last
gubernatorial election.
3. Each petition-signer must be a qualified 3519.14;
elector of the state of Ohio and each petition 3519.10
must contain signatures of electors from
only one county. If a petition contains
signatures from electors in more than one
county, the Secretary of State will determine
which county has the majority of signatures
and only the signatures from that county will
be counted.

1. The petitions must be filed with the

Secretary of State within ninety (90) days
after the law or section of law to be referred Ohio
has been filed with the Secretary of State by Constitution:
the Governor. Article II,
2. Any referendum petition filed after 125 days Section 1c;
Filing Deadline before the next election will be placed on the Article II,
and Filing Fee ballot at the regular or general election that Section 1g
occurs over a year later. Ohio Revised
3. A twenty-five dollar ($25) filing fee must be Code Sections:
paid at the time of filing. 3513.10;
4. Petitions may not be withdrawn once they 3501.05
are filed with the Secretary of State.

1. If the petition is found to be valid, the law Ohio

or section of law will not go into effect until Constitution:
and unless it is approved by a majority of the
Ohio General Article II,
voters at the first regular or general election
Assembly Section 1c;
which occurs at least 125 days after the
Article II,
petition is filed. Section 1g

Signature 1. The Secretary of State shall determine the Ohio

Verification and sufficiency of the signatures not later than Constitution:

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one hundred five (105) days before the

election.
2. If the signatures are determined to be
insufficient, ten additional days shall be
allowed for the filing of additional signatures
Supplemental to such petition. Article II,
Petition 3. If additional signatures are filed, the Section 1g
Secretary of State shall determine the
sufficiency of those additional signatures not
later than sixty-five (65) days before the
election.

1. The Ohio Supreme Court has original,

exclusive jurisdiction over any and all
challenges made to petitions or individual
signatures.
2. Any challenge to original petitions or
signatures must be filed not later than
ninety-five (95) days before the election.
The Supreme Court will rule on these
challenges not later than eighty-five (85)
days before the election. If the court does
not rule prior to the 85th day before the
election, the original signatures will be
deemed sufficient. Ohio
Signature or 3. Any challenge to additional or supplemental Constitution:
Petition signatures must be filed not later than Article II,
Challenges fifty-five (55) days before the election. The Section 1g
Supreme Court will rule on any challenges
not later than forty-five (45) days before the
election. If the court does not rule prior to
the 45th day before the election, those
additional signatures will be deemed
sufficient and referendum will then go to the
Ohio Ballot Board who will meet to
determine the ballot language and arguments
for or against the referendum.
4. If the court determines that the petitioners
do not have enough signatures the petition,
the referendum will not move forward and

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will not be placed on the ballot.

1. The committee named on the petition may

prepare and file an argument and/or
explanation in favor of the proposed
referendum not later than the eightieth (80)
day before the election.
2. If the committee fails to prepare or timely
file the argument and/or explanation, the
Secretary of State shall notify the Ohio
Ballot Board. The Ohio Ballot Board shall
prepare or designate a group to prepare the Ohio
argument and/or explanation. The argument Constitution:
and/or explanation must be filed with the Article II,
Secretary of State not later than seventy-five Section 1g;
Ballot Arguments (75) days before the election. Article XVI,
3. The argument and/or explanation in favor of Section 1
the law or section of law being referred is Ohio Revised
prepared by persons named by the General Code Section:
Assembly, if in session, or if not in session, 3519.03
by the Governor. The argument and/or
explanation must be filed with the Secretary
of State not later than eighty (80) days
before the election.
4. The argument and/or explanation may not
exceed 300 words. Once ballot language is
determined, it is advertised statewide and
voted on my all eligible Ohio voters.

The General Assembly’s law does not go into

Ohio
effect until it has been submitted to and passed by
Constitution:
Effective Date the voters. Therefore, if a majority of voters
Article II,
approves the law, it will go into effect on the
Section 1c
regular or general election day.

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