COLUMBUS, Ohio — For advocates on each side of the abortion debate, this November is likely the most important Ohio election in state history. We break down what you need to know about Issue 1 — the reproductive rights amendment.
What am I voting on?
"The Right to Reproductive Freedom with Protections for Health and Safety" would allow every person to have the legal choice on abortion, contraception, fertility treatment, miscarriage care and continuing a pregnancy. It would also prohibit the state from interfering or penalizing an individual's voluntary exercise of this right or anyone or entity that helps in utilizing this right.
VOTE YES to support access to abortion, contraception and fertility treatment by enshrining it into the state constitution, protecting it.
VOTE NO to oppose the reproductive rights amendment.
What could happen
Nonpartisan legal expert and Case Western Reserve University law professor Atiba Ellis helped break down some of the claims about the proposal.
The biggest one that is being proposed by anti-abortion groups is that it would take away parental rights — allowing minors to get abortions and LGBTQ+ youth to get gender-affirming care.
We asked Ellis if the amendment could result in the removal of parental rights.
"The thing about a constitutional amendment is that it needs to be specific as to its language in order to have an effect on the constitution — things that aren't said shouldn't be read as being implied," Ellis said. "If it's not in the text of the proposed amendment, then it's not going to change the law on those issues."
Current law requires minors to get parental consent, and if they can't — they would need a judge to sign off on it.
If Issue 1 passes
"The constitutional amendment would likely put us back into the status quo of the law before the US Supreme Court changed the configuration of things by overruling Roe," Ellis said.
This means abortion would be allowed until 22 weeks.
Would Republican lawmakers be able to overturn it?
No, according to Ellis. This doesn't mean they won't try, though.
"That is the supreme law of the land, and the legislature can't rewrite it once it's in the constitution," he said. "There's a risk of litigation. However, when it comes to implementing the constitutional amendment, the legislature's duty is to follow the amendment and to follow the constitution."
If the General Assembly passes laws that advocates say violate the amendment, the state would be taken to court, according to abortion rights supporters.
Could the Republican-leaning Supreme Court support lawmakers' abortion ban instead of following the constitution?
The Ohio Supreme Court already approved of the amendment to go on the November ballot, so it's not like they can say Issue 1 was unconstitutional, Ellis said.
"If and when the amendment passes, that then becomes a part of the constitution, and the legislature and the courts will be bound by it," he added.
If Issue 1 fails
"These justices are poised to reinstate and reimpose a six-week abortion ban," attorney for the ACLU Jessie Hill said.
The Supreme Court heard arguments in late September that could restore the controversial six-week abortion. This ban, which has no exceptions for rape or incest, would prohibit virtually all abortions.
RELATED: State asks Ohio Supreme Court to restore 6-week abortion ban ahead of Nov. vote
Hill is confident they will because of a story News 5 broke in 2022. While three of the four GOP court justices were campaigning to keep their seats, they told an anti-abortion political action committee that abortion was not a constitutional right.
Republican lawmakers passed the six-week abortion ban in 2019, which had no rape or incest exceptions. This law was blocked by a federal judge a few months later.
When Roe fell in 2022, Ohio reinstated the six-week ban. Pro-abortion rights groups sued, and months later, a state judge indefinitely blocked the law from going into place, citing infringement of privacy.
Next steps
Austin Beigel with End Abortion Ohio and his team are working for even more restrictions.
He has been talking to lawmakers about a total abortion ban, and he told News 5 they have been receptive.
"We want there to be equal protection for all people," Beigel said.
The Ohio House has previously proposed legislation abolishing it. This sparked controversy when the bill sponsor, state Rep. Jean Schmidt (R-Loveland) said rape is an "opportunity" for a hypothetical 13-year-old who was sexually abused by a relative.
Supporters and opponents
Who supports Issue 1
Ohioans United for Reproductive Rights, a coalition of abortion rights groups around the state; The Ohio Democratic Party; American College of Obstetricians and Gynecologists, Ohio AFL-CIO and more.
Who is against Issue 1
Protect Women Ohio, a coalition of anti-abortion groups around the state; The Ohio Republican Party; most, if not all, Catholic dioceses; End Abortion Ohio and more.
When do I vote?
Vote at your local board of elections on these days:
- Oct. 16-20: 8:00 a.m. - 5:00 p.m.
- Oct. 23-27: 8:00 a.m. - 5:00 p.m.
- Oct. 30: 7:30 a.m. - 7:30 p.m.
- Oct. 31: 7:30 a.m. - 8:30 p.m.
- Nov. 1-3: 7:30 a.m. - 7:30 p.m.
- Nov. 4: 8:00 a.m. - 4:00 p.m.
- Nov. 5: 1:00 p.m. - 5:00 p.m.
Citizens can no longer vote on Nov. 6, the Monday before the election.
Mailed absentee ballots must be postmarked by Nov. 6.
Vote at your polling location on Nov. 7. Polls open from 6:30 a.m. - 7:30 p.m.
If not returned by mail, absentee ballots must be received by your board of elections by 7:30 p.m.
Find your polling place by clicking or tapping here.
What do I need to vote?
In order to cast a ballot, voters must have an unexpired Photo ID such as a passport or driver's license. Previously, voters were able to use nonphoto documentation such as bank statements, government checks or utility bills to register to vote.
CLICK HERE for more information on ID requirements.
Here is the list of acceptable types of valid ID:
- Ohio driver's license
- State of Ohio ID card
- Interim ID form issued by the Ohio BMV
- A US passport
- A US passport card
- US military ID card
- Ohio National Guard ID card
- US Department of Veterans Affairs ID card
More information for voters
To check your voter registration status, find your polling place, view your sample ballot and more, head to the Ohio Secretary of State's VoteOhio.gov website.
Follow WEWS statehouse reporter Morgan Trau on Twitter and Facebook.
