Questions about Ohio Issue 1

By Mark Faust
HCP columnist
 
Over the past 6-8 weeks, I’ve driven all across southern Ohio, from Cincinnati to Athens. While driving, I’ve taken stock of all the different political signs, ranging from the national level (Trump/Harris) all the way to the local level (Issue 9 in Highland County). The signs that interest me the most involves Ohio Issue 1 and gerrymandering. Signs encouraging Ohioans to vote yes on Issue 1 say “Ban Gerrymandering.” Signs that want Ohioans to vote against Issue 1 say “Stop Gerrymandering.” 

The first few times I saw the different signs, I was very confused. If both sides want to end gerrymandering, why is there an issue to vote on?

For the purposes of Ohio Issue 1, gerrymandering is redrawing congressional districts to favor one political party over another. The number of Representatives in Congress is based on the population of both the nation and each state. There are 435 Representatives in Congress. The total population of the United States in 2020 was 331,449,281. That means each Representative in Congress has approximately 762,000 constituents (331,449,281 divided by 435). 

Thus Ohio, with a population of 11,799,448, has 15 Representatives. If a state increases in population, it may gain a Congressional Representative. If a state decreases in population, it may lose a Representative. If one state gains a Representative because its’ population increases, that means another state has to lose a Representative.  Ohio has lost a Congressional District after each of the last 3 censuses. As a result, new Congressional districts have been drawn in 2002, 2012, and 2022. The majority party in each state gets to redraw the new Congressional districts.         

Many have claimed that the future of democracy is at stake with this election. I realize that this claim is being primarily applied to the Presidential election. But I think it applies in Ohio to Issue 1.  

Let’s take a look at the actual language of Issue 1 (not all points in the Amendment are discussed here, thus the reason for the incomplete numbering). While you are reading it, ask yourself two basic questions: 

• Does this threaten democracy in Ohio? 

• Do the citizens of Ohio want this added as an Amendment to the Ohio State Constitution?

Issue 1

“To create an appointed redistricting commission not elected by or subject to removal by the voters of the state”

1. Repeal constitutional protections against gerrymandering … and eliminate the longstanding ability of Ohio citizens to hold their representatives accountable for establishing fair state legislative and congressional districts.

2. Establish a new taxpayer-funded commission of appointees required to gerrymander the boundaries of state legislative and congressional districts to favor either of the two largest political parties in the state of Ohio...

3. Require that a majority of the partisan commission members belong to the state's two largest political parties.

4. Prevent a commission member from being removed, except by a vote of their fellow commission members, even for incapacity, willful neglect of duty or gross misconduct.

5. Prohibit any citizen from filing a lawsuit challenging a redistricting plan in any court, (this point does go on to list a few exceptions)

8. Limit the right of Ohio citizens to freely express their opinions to members of the commission or to commission staff regarding the redistricting process or proposed redistricting plans, other than through designated meetings, hearings and an online public portal, and would forbid communication with the commission members and staff outside those contexts.

10. Impose new taxpayer-funded costs on the State of Ohio to pay the commission members, the commission staff and appointed special masters, professionals, and private consultants that the commission is required to hire; and an unlimited amount for legal expenses incurred by the commission in any related litigation.

I agree that there are issues with gerrymandering that need to be addressed.  Whatever problems currently exist with gerrymandering, at least the citizens have the ability to correct them. If we don’t like the current districts, we vote the state legislators out that drew that districts. Even if the system is flawed, at least the people have the ability to correct the flaws. After reading the actual language of Issue 1, do you think that it benefits the citizens of Ohio? Does it threaten or strengthen democracy in Ohio? If you are unsure, read through the points again and then think about these questions:

• Why would Ohio want to create a non-elected commission that cannot be removed by voters (issue introduction)?

• Why would Ohio want to relinquish the ability to hold representatives accountable (point 1)?

• Should an amendment to the Ohio Constitution favor political parties (points 2 and 3)?

• Is it wise for the people of Ohio to have no authority over redistricting commission (point 4)?

• Is it wise for Ohioans to have no way to question the redistricting (point 5)?

• Why would Ohioans vote to “limit their right to freely express their opinions…” (point 8)?

• Why would Ohio want new taxes, which could (will) become unlimited (point 10)?

As I stated earlier, I was confused about Issue 1. After doing some research, I’m no longer confused about Issue 1. I am just confused about why anyone would vote yes on it.