If Ohio Issue 1 passes, who could join the 15-member citizen commission to draw the state’s legislative and congressional maps?
Supporters and opponents of the proposed constitutional amendment disagree on whether police officers, firefighters and military veterans could join the commission. Our state office asked Ohio law professors about what might happen.
More: Ohio Issue 1: Will it end gerrymandering? Frequently asked questions answered
What the opponents of number 1 say
Opponents of Ohio Issue 1 say police officers, firefighters and military personnel would be excluded from the new Ohio Citizens Redistricting Commission because those jobs are appointed by elected officials, whether the U.S. president or the local mayor.
“Michigan has specifically made it clear that police and military officers, and their families, will not be excluded,” Ohio Auditor Keith Faber said at a Columbus Metropolitan Club forum. “This (Ohio) language does not contain that clarification and therefore it is very likely that military members and their families will be excluded from participating in this.”
What Ohio #1 says
The proposed constitutional amendment reads: “The following persons shall not be eligible to serve on the Commission, on the Bipartisan Screening Panel, as a Special Master, or as a staff, professional, or advisor to the Commission:
(1) Current elected or appointed officials to federal, state, or local offices and their immediate family members;
(2) Persons who have served in a federal, state, or local elective or appointive position in Ohio for a period during the current year and immediately preceding six years and their immediate family members.
More: State of Ohio Issue 1 explained: What is it? Would it stop gerrymandering?
What the proponents of Issue 1 say
Proponents of Ohio Issue 1 say police officers, firefighters and military personnel could serve on the 15-member civilian commission.
“The language of this amendment does not exclude these people,” retired Ohio Supreme Court Chief Justice Maureen O’Connor said at the forum. “That is an argument designed to confuse voters, and I will tell you now that it is not true.”
The proposed amendment prohibits people appointed to public office from serving on the commission. For example, if Ohio Senator J.D. Vance becomes vice president and Ohio Governor Mike DeWine appoints Vance’s replacement to the Senate, that person cannot serve on the Citizen Redistricting Commission.
More: Election 2024 Issue 1: What does Ohio’s congressional map look like under current rules
What Ohio law professors are saying
If Ohio Issue 1 passes, the Ohio Supreme Court would have the final say on whether police officers and military members can serve on the new redistricting commission, two Ohio law professors said.
“A strict textualist reading of the proposed amendment could extend to excluding military officers, even though it seems unlikely that this is the intention of the measure and even though it is not at all clear that a court would decide that,” he said. Steven F. Huefner. a professor of law and judicial administration at Ohio State University “It would be up to the Ohio Supreme Court to decide what exactly the measure means.”
Atiba Ellis, a professor at Case Western Reserve University School of Law, said there is no “neat answer” to the question.
“To the extent that an elected official would have someone in their direct employ, that person would have a conflict of interest and that could certainly include police officers, fire officials and people like that – depending on the context of who hires them and who hires them . to whom they are accountable,” Ellis said.
And yet he would not go as far as his opponents. “I don’t think anyone appointed to a civil service position would necessarily end up in that position,” Ellis said.
It may take a lawsuit to find out for sure. “Ultimately, the Ohio Supreme Court will ultimately decide this when a relevant case comes up,” Ellis said.
What happened in Michigan
Ohio’s redistricting proposal is modeled after one Michigan passed in 2018. The Michigan amendment states that individuals in the Michigan armed forces can serve on the commission.
Despite this express authorization, it does not appear that Michigan’s redistricting commission included police officers or military members. The committee members’ jobs ranged from a former research assistant and healthcare IT professional to two attorneys and a retired automotive worker.
Jessie Balmert covers state government and politics for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations in Ohio.
This article originally appeared on Cincinnati Enquirer: Ohio Issue 1: Who can’t serve on proposed redistricting commission?
