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2022 Ohio Issue 1

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Issue 1 is a ballot measure on the November 2022 general election ballot in Ohio as part of the 2022 U.S. elections.

Legislative background

Currently, bail is governed by Article I, Section 9 of the Constitution of Ohio, which states that bail is not granted "where the proof is evident or the presumption great" for a capital offense or "where the person poses a substantial risk of serious physical harm to any person or to the community." In the latter case, the Ohio legislature fixes standards to determine who falls into that category.[1][2][3] Under state law, Section 2937.23(A)(3) of the Ohio Revised Code requires that:[1][2][4]

In all cases, the bail shall be fixed with consideration of the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of the defendant appearing at the trial of the case.

Article I, Section 9 of the Ohio Constitution also gives the Supreme Court of Ohio responsibility to adopt procedures for establishing the amount and conditions of bail. It also states that "Excessive bail shall not be required."[1][3]

Ohio Issue 1, if passed, would remove Ohio Supreme Court's role in establishing bail procedures, and add the following sentence to Article I, Section 9 of the Ohio Constitution:[1][5]

When determining the amount of bail, the court shall consider public safety, including the seriousness of the offense, and a person's criminal record, the likelihood a person will return to court, and any other factor the general assembly may prescribe.

History

The ballot was a response to a 4–3 January 2022 Ohio Supreme Court ruling in DuBose v. McGuffey that a $1.5 million bail was unconstitutionally excessive for charges relating to a fatal shooting during a robbery, upholding a lower court ruling to reduce it to $500,000.[2][6] The court stated that "public safety, although of the utmost importance, is not a factor relevant to the calculation of the bail amount,"[7] noting that it would have been permissible to deny bail outright,[2] and that public safety could be addressed through nonfinancial mechanisms such as a travel restriction or restraining order.[6]

Since the ruling, there was an apparent increase in the use of hearings to deny bail outright, rather than setting high bail amounts, in and around Hamilton County.[8]

The ruling spurred efforts to over turn it by Ohio Attorney General Dave Yost (R) and Hamilton County Prosecuting Attorney Joe Deters (R).[8] The ballot was a legislative referral introduced on March 28, 2022, by Representatives Jeff LaRe (R) and D. J. Swearingen (R). The Ohio House of Representatives passed it 63–33 on May 25, 2022, and the Ohio Senate passed it 25–7 on June 1, 2022.[1]

Reactions

It has been noted that state law already provides a mechanism to deny bail to dangerous defendants,[8] and the Ohio Supreme Court ruling only referred to the amount of bail when it is granted.[2]

Passage of the issue is supported by both major candidates in the 2022 Ohio gubernatorial election, current Governor Mike DeWine (R) and former Dayton mayor Nan Whaley (D).[7] Of the 2022 Ohio Senate election candidates, J. D. Vance (R) supported passage, while Tim Ryan (D) was reported to be undecided.[9] The three dissenting Ohio Supreme Court participated in a bus tour to campaign for its passage.[10]

Polling generally showed large margins in favor of passage.[10][11]

References

  1. ^ a b c d e "Ohio Issue 1, Determining Bail Amount Based on Public Safety Amendment (2022)". Ballotpedia. Retrieved 2022-10-29.
  2. ^ a b c d e Bounds, Brandon (2022-10-27). "Here's what you need to know about Ohio Issue 1". WBNS. Retrieved 2022-10-29.
  3. ^ a b "The Ohio Constitution: I.09 Bail; cruel and unusual punishments". The Ohio Legislature. Retrieved 2022-10-29.
  4. ^ "Section 2937.23 - Ohio Revised Code | Ohio Laws". codes.ohio.gov. Retrieved 2022-10-29.
  5. ^ "Am. S. J. R. No. 5". Ohio General Assembly. Retrieved 2022-10-29.
  6. ^ a b Grasha, Kevin (2022-01-14). "Ohio Supreme Court upholds $1 million bond reduction in Colerain murder case". The Columbus Dispatch. Retrieved 2022-10-29.
  7. ^ a b Balmert, Jessie (2022-10-28). "Ohio governor candidates Mike DeWine, Nan Whaley both 'yes' on Issue 1, Issue 2". The Columbus Dispatch. Retrieved 2022-10-29.
  8. ^ a b c Dykes, Todd (2022-10-28). "Commitment 2022: Inside Ohio's Issue One examining bail reform proposal". WLWT. Retrieved 2022-10-29.
  9. ^ Tobias, Andrew J. (2022-10-25). "Ohio U.S. Senate candidate Tim Ryan undecided on vote for state Issues 1 and 2". Cleveland.com. Retrieved 2022-10-29.
  10. ^ a b Lai, Lynna (2022-10-27). "Ohio Issue 1 on the November ballot: What to know about the constitutional amendment". WKYC. Retrieved 2022-10-29.
  11. ^ Bruck, Taylor (2022-09-29). "What you need to know about Issue 1 and 2 this November". Spectrum News 1. Retrieved 2022-10-29.
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