SB 5 - The Citizen Veto Basics

[list class="bullet-check"] [li]April 6, 2011- last day to pass SB 5 and file it with the SOS so that a referendum would have to be at the 2011 general election. If filed after April 6th, the referendum would be at the 2012 general. The law must be signed by the Governor, Speaker of the House and President of the Senate before filing.[/li] [li]Full or Part- a referendum petition may be filed on all of the law or only sections.[/li] [li]Effect of Referendum Petition- delays the effective date the law is filed with the SOS.[/li] [li]1,000 Signatures- before a referendum petition may be circulated, the referendum committee must write a summary of SB 5 and submit it to the SOS & Ag with the full text of the law and a petition signed by a minimum of 1,000 electors. The SOS compares the full text to the law on file in his office and issues a certification. The AG compares the summary with the full text of the law and issues a certification that the summary is “fair and truthful.” The summary and both certifications must be printed on the referendum petitions and the full text of the law must also be attached to each. The SOS and AG have 10 business days to act. If the AG states that the summary is in his opinion not fair and truthful, the committee may repeat the process and/or challenge the decision in the Ohio Supreme Court. There is no limit on the number if times the process may be repeated, but it takes time away from the 90 days the committee has to circulate a referendum petition. The 90 days begins the day after the law was filed by the Governor with the SOS.[/li] [li]231,149- The minimum number of signature that must be collected to file the referendum petition. This is equal to 6% of the total vote for governor in 2010. In addition, the signatures must meet a minimum distribution requirement of 3% of the gubernatorial vote in 44 counties.[/li] [li]90 Days- The referendum petition must be filed with the SOS no later than 90 days after the law was filed with the SOS.[/li] [li]July 5, 2011- If SB 5 is filed with SOS on April 6th, this will be the deadline for filing the referendum petition.[/li] [li]July 26, 2011- Last date by which the SOS must determine if there are sufficient valid signature of registered voters on the petition to meet the overall 6% and the 3% in 44 counties requirements. After the petition is filed, the SOS sends the individual petitions to the county boards of elections to validate the signatures and review the circulator statements and if the summary and full text is included of the law are included.[/li] [li]10 Day Period- If the SOS determines that the petition contains insufficient valid signatures, the committee has 10 days to file supplemental signatures. Based on past interpretation of the law, this is a deadline for “filing” supplemental signatures and the committee may actually begin collecting such signatures beforehand.[/li] [li]August 5, 2011- Deadline to file supplemental signatures if SOS gives notice of deficiency on 7/26.[/li] [li]September 4, 2011- Deadline for SOS to determine sufficiency of supplemental signatures.[/li] [li]Ballot Language- The ballot language is written by the 5 member Ohio Ballot Board made up of the SOS, and one member each appointed by the majority and minority leadership of the House & Senate.[/li] [li]Vote NO- Referendum supporters are the vote “no” side. The ballot question is “shall the law be approved?”[/li] [li]Challenges to the Petition- Must be brought in the Ohio Supreme Court. Decision must be issued 85/45 days before the election.[/li] [/list]