STATE ISSUE 2

STATE ISSUE 2

Anti-monopoly amendment; protects the initiative process from being used for personal economic benefit

(Proposed by Joint Resolution of the General Assembly) Proposing to amend Section 1e of Article II of the Constitution of the State of Ohio.

A YES vote means approval of the constitutional amendment. A NO vote means disapproval of the constitutional amendment. A majority YES vote is required or the amendment to be adopted.

If approved, the proposed amendment will take effect immediately after Election Day.

The proposed amendment would: • Prohibit any petitioner from using the Ohio Constitution to grant a monopoly, oligopoly, or cartel for their exclusive financial benefit or to establish a preferential tax status. • Prohibit any petitioner from using the Ohio Constitution to grant a commercial interest, right, or license that is not available to similarly situated persons or nonpublic entities. • Require the bipartisan Ohio Ballot Board to determine if a proposed constitutional amendment violates the prohibitions above, and if it does, present two separate ballot questions to voters. Both ballot questions must receive a majority yes vote before the proposed amendment could take effect. • Prohibit from taking effect any proposed constitutional amendment appearing on the November 3, 2015 General Election ballot that creates a monopoly, oligopoly, or cartel for the sale, distribution, or other use of any federal Schedule I controlled substance. • The Ohio Supreme Court has original, exclusive jurisdiction in any action related to the proposal.

LEAGUE PLAINSPEAK:
Issue 2 would prohibit an initiative petition amendment to the Ohio Constitution that would give special business rights to a certain person or entity. Specifically, Issue 2 would prohibit an initiative that creates a monopoly, cartel, or oligopoly; specifies or determines a tax rate; or confers a commercial interest, commercial right,or commercial license to any person or entity for the purpose of exclusively enriching its members and prohibiting others from engaging in similar enterprises. If Issue 2 passes, the Ohio Ballot Board will be required to evaluate any proposed initiative petition to determine if it violates the prohibition above by creating a limited commercial interest. If such an initiative is proposed, the Ballot Board will be required to separate the proposed initiative into two parts - one part asking voters to override the limited business interest rule, and the second part describing the proposed new initiative - with both parts needing a majority vote for the intitiative to pass.

If both Issue 2 and Issue 3 are approved by the voters, it is unclear what will happen, because they would create conflicting sections within the state constitution. The Ohio Supreme Court will likely have to resolve the matter if both issues pass.

PRO: 1. Exclusive financial deals for special interests should not be enshrined in our state constitution. 2. The state constitution should be used to protect fundamental rights for all individuals, not cluttered with special interests. 3. Nineteen states have constitutional provisions banning monopolies and protecting free and fair commerce; Ohio should too.

CON: 1  The constitution should not be amended to interfere with the constitutional initiative process and block a measure approved by the voters. 2. The language is too vague and may unintentionally preclude future policy or tax issues from being brought forward as an initiative. 3. Issue 2 gives the Ballot Board too much discretion to declare a proposed initiative to be a monopoly and force it to jump through two hurdles instead of one.