Ballot Integrity Act OK’d

This week at the Statehouse, the Ohio House of Representatives passed a bill that will improve our ballot initiative and referendum process for the future and protect Ohio's Constitution.

I introduced the Ballot Integrity Act, House Bill 377, in response to the increase in deceptive practices and other problems seen in ballot measures coming before Ohioans. The Ballot Integrity Act will protect direct democracy by enhancing accountability, enforcement and transparency in the ballot measure and referendum process.

This Ballot Integrity Act would do the following:

4Require petition firms who pay petition circulators to get a license from the Secretary of State.

4Allow the Secretary of State to deny a license to a petition entity that violated petition laws in Ohio or another state. One example of a violation - a petition entity knows their hired circulators are misrepresenting the contents of the petition to citizens approached to sign the petition.

4Allow the Secretary of State to revoke the license of a petition entity not in compliance with Ohio laws.

4Require all petition circulators to register with the Secretary of State.

4Prohibit a person who pleads guilty to or is convicted of an offense involving identity theft, fraud, or forgery under Ohio law, Federal law, or the law of another state from circulating or witnessing the signing of any initiative or referendum petition.

4Allow the Secretary of State to invalidate submitted signatures if fraud exists while circulating petitions.

4Require the Secretary of State to develop cost-effective training programs for circulators to inform them of laws that apply to petition circulators, and require all paid supervisors at petition firms to complete that training.

4Require the title of a petition to be reviewed by the Attorney General and included at the top of each signature page of the petition.

The nationally acclaimed Ballot Initiative Strategy Center (BISC) has given Ohio a score of 68 out of 100 - a "D" - for its current laws governing ballot initiatives.

Joel Foster, Director of BISC's Ballot Integrity Project in Washington D.C., testified in the House Elections and Ethics Committee that enacting this legislation would give Ohio an "A" rating.

"Only by implementing solutions to the problems that exist will states be able to provide people with a ballot measure process that works for voters instead of against them,'' Foster said. "The proposed reforms will strengthen the state's protection against initiative fraud and will help ensure the integrity of the ballot for the people of Ohio. If passed, this legislation would establish Ohio as a national leader and provide the rest of the country with a model for common-sense reform."

Unfortunately, Ohio has seen a rash of ballot and petition fraud in recent years. This past year, in Montgomery County, the signatures of 23 deceased citizens showed up on petitions. The previous year, petition circulators working for the payday lenders insisted their goal was to lower interest rates on payday loans - when the petition itself actually raised them. And the year before that, efforts to carry out a referendum on the strip club law showed widespread misconduct among petition circulators.

The problem stems from two causes: those who don't follow the rules - and the rules themselves. Ohio laws governing ballot initiatives and referendums unfairly place the burden of fairness and integrity on low-level petition circulators - rather than the companies that hire them, don't properly train them, or train them to do or say anything to get the necessary signatures. We must ensure that petition entities play by the rules and petition circulators are properly trained and registered to protect the sanctity of our democratic system.

I believe that it is important that our state's system of direct democracy be protected from well-financed, out-of-state firms that do not have the best interest of our state or its citizens in mind. That is why I sponsored and voted "yes" on HB 377 as it passed out of the House.

You can reach Jennifer Garrison in her Columbus office at (614)644-8728, in the district at (740)373-2414 or by email at Jennifer@jennifergarrison.com. Her website is www.jennifergarrison.com