Ohio law professor says some opinion, but no error in Issue 1 ad

COLUMBUS, Ohio (WCMH) -- NBC4 Investigates continues its project to hold our political advertisers accountable, fact-checking an ad that's been running on Ohio television stations, including NBC4, since late June.

The 30-second commercial was paid for by One Person One Vote, a group formed specifically to campaign against Issue 1, the sole item on the Aug. 8 ballot. Issue 1 seeks to increase the percentage of votes needed for Ohioans to amend the state constitution from a simple majority of 50% plus one vote to 60%.

In the ad, a digitally-rendered pair of scissors with "ISSUE 1" emblazoned on the blade slices through an image of the Ohio Constitution.

“These documents protect our fundamental freedoms,” a narrator says. “Issue one would permanently remove our rights from the Ohio Constitution.”

Steve Steinglass, Dean Emeritus at Cleveland State University’s College of Law, authored a textbook on Ohio’s constitution. He said he went over the claims in the ad "with a fine-tooth comb."

"I couldn't find any errors," he said. "Obviously, there are opinions in it in terms of how the opponents feel about the, about the proposal. But as far as errors -- or misleading? I don't think so."

Steinglass pointed to the word "permanently" as a matter of opinion.

"Permanently is a strong word, but I think (Issue 1) significantly undercuts the use of the initiative and significantly undercuts the use of the constitutional amendment process,” Steinglass said.

Hypothetically, Ohioans could repeal the rules set by Issue 1 with a subsequent constitutional amendment. But under Issue 1's rules, getting that amendment to the ballot would be more difficult because according to the ad, "Issue 1 ends majority rule in Ohio.”

"That's easy," Steinglass said of that claim. "The answer is unambiguous. It does end majority rule.”

In addition to the 60% threshold to pass an amendment on the ballot, Issue 1 proposes new requirements to get an amendment on a ballot in the first place. While current law requires signatures from voters in 44 of Ohio's 88 counties in order to put an amendment on a statewide ballot, Issue 1 would require signatures from voters in all 88 counties.

The aid claims that change would "(hand) corrupt politicians and special interests more control.”

Having to collect signatures from 88 counties would come at a higher cost to petitioners, Steinglass said.

"When we say special interests -- or ‘the interests'-- we're talking about monied people,” Steinglass said. "By making the constitutional initiative so difficult and so expensive, it has the perverse effect of limiting its use to those who are extremely well funded. And if you call them special interests, you know, that's a matter of opinion."

Proponents of Issue 1 argue Ohio’s constitution should be harder to amend.

According to Steinglass, 71 constitutional amendments have been on the ballot since Ohio’s constitution was ratified in 1912. Voters passed 19 of them.

If approved, Steinglass said he believes Issue 1 would survive a potential challenge in federal court.

"States have the freedom to determine how their constitutions are amended, so I would be very surprised if a suit was filed on federal grounds to try to invalidate a 60% passing requirement," Steinglass said. "I'd be even more surprised if a suit like that was successful."