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OHIO
CONSTITUTION OF THE
STATE OF OHIO
Preamble
We, the people of the State of Ohio, grateful to Almighty God for our
freedom, to secure its blessings and promote our common welfare, do
establish this Constitution.
Article 1 - Bill of
Rights
§ 01 Inalienable Rights (1851)
All men are, by nature,
free and independent, and have certain inalienable rights, among which
are those of enjoying and defending life and liberty, acquiring,
possessing, and protecting property, and seeking and obtaining happiness
and safety.
§ 02 Right to alter, reform, or abolish government, and repeal special
privileges (1851)
All political power is
inherent in the people. Government is instituted for their equal
protection and benefit, and they have the right to alter, reform, or
abolish the same, whenever they may deem it necessary; and no special
privileges or immunities shall ever be granted, that may not be altered,
revoked, or repealed by the general assembly.
§ 03 Right to assemble (1851)
The people have the
right to assemble together, in a peaceable manner, to consult for their
common good; to instruct their representatives; and to petition the
general assembly for the redress of grievances.
§ 04 Bearing arms; standing armies; military powers (1851)
The people have the
right to bear arms for their defense and security; but standing armies,
in time of peace, are dangerous to liberty, and shall not be kept up;
and the military shall be in strict subordination to the civil power.
§ 05 Trial by jury (1851, amended 1912)
The right of trial by
jury shall be inviolate, except that, in civil cases, laws may be passed
to authorize the rendering of a verdict by the concurrence of not less
than three-fourths of the jury.
(As amended September
3, 1912.)
§ 06 Slavery and involuntary servitude (1851)
There shall be no
slavery in this state; nor involuntary servitude, unless for the
punishment of crime.
§ 07 Rights of conscience; education; the necessity of religion and knowledge
(1851)
All men have a natural
and indefeasible right to worship Almighty God according to the dictates
of their own conscience. No person shall be compelled to attend, erect,
or support any place of worship, or maintain any form of worship,
against his consent; and no preference shall be given, by law, to any
religious society; nor shall any interference with the rights of
conscience be permitted. No religious test shall be required, as a
qualification for office, nor shall any person be incompetent to be a
witness on account of his religious belief; but nothing herein shall be
construed to dispense with oaths and affirmations. Religion, morality,
and knowledge, however, being essential to good government, it shall be
the duty of the general assembly to pass suitable laws to protect every
religious denomination in the peaceable enjoyment of its own mode of
public worship, and to encourage schools and the means of instruction.
§ 08 Writ of habeas corpus (1851)
The privilege of the
writ of habeas corpus shall not be suspended, unless, in cases of
rebellion or invasion, the public safety require it.
§ 09 Bail; cruel and unusual punishments
All persons shall be
bailable by sufficient sureties, except for a person who is charged with
a capital offense where the proof is evident or the presumption great,
and except for a person who is charged with a felony where the proof is
evident or the presumption great and where the person poses a
substantial risk of serious physical harm to any person or to the
community. Where a person is charged with any offense for which the
person may be incarcerated, the court may determine at any time the
type, amount, and conditions of bail. Excessive bail shall not be
required; nor excessive fines imposed; nor cruel and unusual punishments
inflicted.
The General Assembly
shall fix by law standards to determine whether a person who is charged
with a felony where the proof is evident or the presumption great poses
a substantial risk of serious physical harm to any person or to the
community. Procedures for establishing the amount and conditions of bail
shall be established pursuant to Article IV, Section 5(b) of the
Constitution of the state of
Ohio.
(As amended January 1,
1998.)
§ 10 Trial for crimes; witness (1851; amended 1912)
Except in cases of
impeachment, cases arising in the army and navy, or in the militia when
in actual service in time of war or public danger, and cases involving
offenses for which the penalty provided is less than imprisonment in the
penitentiary, no person shall be held to answer for a capital, or
otherwise infamous, crime, unless on presentment or indictment of a
grand jury; and the number of persons necessary to constitute such grand
jury and the number thereof necessary to concur in finding such
indictment shall be determined by law. In any trial, in any court, the
party accused shall be allowed to appear and defend in person and with
counsel; to demand the nature and cause of the accusation against him,
and to have a copy thereof; to meet the witnesses face to face, and to
have compulsory process to procure the attendance of witnesses in his
behalf, and a speedy public trial by an impartial jury of the county in
which the offense is alleged to have been committed; but provision may
be made by law for the taking of the deposition by the accused or by the
state, to be used for or against the accused, of any witness whose
attendance can not be had at the trial, always securing to the accused
means and the opportunity to be present in person and with counsel at
the taking of such deposition, and to examine the witness face to face
as fully and in the same manner as if in court. No person shall be
compelled, in any criminal case, to be a witness against himself; but
his failure to testify may be considered by the court and jury and may
be made the subject of comment by counsel. No person shall be twice put
in jeopardy for the same offense.
(As amended September
3, 1912.)
§ 10a Rights of victims of crime
Victims of criminal
offenses shall be accorded fairness, dignity, and respect in the
criminal justice process, and, as the general assembly shall define and
provide by law, shall be accorded rights to reasonable and appropriate
notice, information, access, and protection and to a meaningful role in
the criminal justice process. This section does not confer upon any
person a right to appeal or modify any decision in a criminal
proceeding, does not abridge any other right guaranteed by the
Constitution of the United States or this constitution, and does not
create any cause of action for compensation or damages against the
state, any political subdivision of the state, any officer, employee, or
agent of the state or of any political subdivision, or any officer of
the court.
(Adopted November 8,
1994)
§ 11 Freedom of speech; of the press; of libels (1851)
Every citizen may
freely speak, write, and publish his sentiments on all subjects, being
responsible for the abuse of the right; and no law shall be passed to
restrain or abridge the liberty of speech, or of the press. In all
criminal prosecutions for libel, the truth may be given in evidence to
the jury, and if it shall appear to the jury, that the matter charged as
libelous is true, and was published with good motives, and for
justifiable ends, the party shall be acquitted.
§ 12 Transportation, etc. for crime (1851)
No person shall be
transported out of the state, for any offense committed within the same;
and no conviction shall work corruption of blood, or forfeiture of
estate.
§ 13 Quartering troops (1851)
No soldier shall, in
time of peace, be quartered in any house, without the consent of the
owner; nor, in time of war, except in the manner prescribed by law.
§ 14 Search warrants and general warrants (1851)
The right of the people
to be secure in their persons, houses, papers, and possessions, against
unreasonable searches and seizures shall not be violated; and no warrant
shall issue, but upon probable cause, supported by oath or affirmation,
particularly describing the place to be searched and the person and
things to be seized.
§ 15 No imprisonment for debt (1851)
No person shall be
imprisoned for debt in any civil action, on mesne or final process,
unless in cases of fraud.
§ 16 Redress in courts (1851, amended 1912)
All courts shall be
open, and every person, for an injury done him in his land, goods,
person, or reputation, shall have remedy by due course of law, and shall
have justice administered without denial or delay.
[Suits against the
state.] Suits may be brought against the state, in such courts and in
such manner, as may be provided by law.
(As amended September
3, 1912.)
§ 17 Hereditary privileges, etc. (1851)
No hereditary
emoluments, honors, or privileges, shall ever be granted or conferred by
this state.
§ 18 Suspension of laws (1851)
No power of suspending
laws shall ever be exercised, except by the general assembly.
§ 19 Inviolability of private property (1851)
Private property shall
ever be held inviolate, but subservient to the public welfare. When
taken in time of war or other public exigency, imperatively requiring
its immediate seizure or for the purpose of making or repairing roads,
which shall be open to the public, without charge, a compensation shall
be made to the owner, in money, and in all other cases, where private
property shall be taken for public use, a compensation therefor shall
first be made in money, or first secured by a deposit of money; and such
compensation shall be assessed by a jury, without deduction for benefits
to any property of the owner.
§ 19a Damages for wrongful death (1912)
The amount of damages
recoverable by civil action in the courts for death caused by the
wrongful act, neglect, or default of another, shall not be limited by
law.
(Adopted September 3,
1912.)
§ 20 Powers reserved to the people (1851)
This enumeration of
rights shall not be construed to impair or deny others retained by the
people; and all powers, not herein delegated, remain with the people.
Article 2 - Legislative
1
§ 01 In whom power vested
The legislative power
of the state shall be vested in a general assembly consisting of a
senate and house of representatives but the people reserve to themselves
the power to propose to the general assembly laws and amendments to the
constitution, and to adopt or reject the same at the polls on a
referendum vote as hereinafter provided. They also reserve the power to
adopt or reject any law, section of any law or any item in any law
appropriating money passed by the general assembly, except as
hereinafter provided; and independent of the general assembly to propose
amendments to the constitution and to adopt or reject the same at the
polls. The limitations expressed in the constitution, on the power of
the general assembly to enact laws, shall be deemed limitations on the
power of the people to enact laws.
(As amended Nov. 3,
1953; 125 v 1095.)
§ 01a The initiative
The first aforestated
power reserved by the people is designated the initiative, and the
signatures of ten per centum of the electors shall be required upon a
petition to propose an amendment to the constitution. When a petition
signed by the aforesaid required number of electors, shall have been
filed with the secretary of state, and verified as herein provided,
proposing an amendment to the constitution, the full text of which shall
have been set forth in such petition, the secretary of state shall
submit for the approval or rejection of the electors, the proposed
amendment, in the manner hereinafter provided, at the next succeeding
regular or general election in any year occurring subsequent to ninety
days after the filing of such petition. The initiative petitions, above
described, shall have printed across the top thereof: Amendment to the
Constitution Proposed by Initiative Petition to be Submitted Directly to
the Electors."
(Adopted September 3,
1912.)
§ 01b Initiative, continued
When at any time, not
less than ten days prior to the commencement of any session of the
general assembly, there shall have been filed with the secretary of
state a petition signed by three per centum of the electors and verified
as herein provided, proposing a law, the full text of which shall have
been set forth in such petition, the secretary of state shall transmit
the same to the general assembly as soon as it convenes. If said
proposed law shall be passed by the general assembly, either as
petitioned for or in an amended form, it shall be subject to the
referendum. If it shall not be passed, or if it shall be passed in an
amended form, or if no action shall be taken thereon within four months
from the time it is received by the general assembly, it shall be
submitted by the secretary of state to the electors for their approval
or rejection at the next regular or general election, if such submission
shall be demanded by supplementary petition verified as herein provided
and signed by not less than three per centum of the electors in addition
to those signing the original petition, which supplementary petition
must be signed and filed with the secretary of state within ninety days
after the proposed law shall have been rejected by the general assembly
or after the expiration of such term of four months, if no action has
been taken thereon, or after the law as passed by the general assembly
shall have been filed by the governor in the office of the secretary of
state. The proposed law shall be submitted in the form demanded by such
supplementary petition, which form shall be either as first petitioned
for or with any amendment or amendments which may have been incorporated
therein by either branch or by both branches, of the general assembly.
If a proposed law so submitted is approved by a majority of the electors
voting thereon, it shall be the law and shall go into effect as herein
provided in lieu of any amended form of said law which may have been
passed by the general assembly, and such amended law passed by the
general assembly shall not go into effect until and unless the law
proposed by supplementary petition shall have been rejected by the
electors. All such initiative petitions, last above described, shall
have printed across the top thereof, in case of proposed laws: "Law
Proposed by Initiative Petition First to be Submitted to the General
Assembly." Ballots shall be so printed as to permit an affirmative or
negative vote upon each measure submitted to the electors. Any proposed
law or amendment to the constitution submitted to the electors as
provided in section 1a and section 1b, if approved by a majority of the
electors voting thereon, shall take effect thirty days after the
election at which it was approved and shall be published by the
secretary of state. If conflicting proposed laws or conflicting proposed
amendments to the constitution shall be approved at the same election by
a majority of the total number of votes cast for and against the same,
the one receiving the highest number of affirmative votes shall be the
law, or in the case of amendments to the constitution shall be the
amendment to the constitution. No law proposed by initiative petition
and approved by the electors shall be subject to the veto of the
governor.
(Adopted September 3,
1912.)
§ 01c The referendum
The second aforestated
power reserved by the people is designated the referendum, and the
signatures of six per centum of the electors shall be required upon a
petition to order the submission to the electors of the state for their
approval or rejection, of any law, section of any law or any item in any
law appropriating money passed by the general assembly. No law passed by
the general assembly shall go into effect until ninety days after it
shall have been filed by the governor in the office of the secretary of
state, except as herein provided. When a petition, signed by six per
centum of the electors of the state and verified as herein provided,
shall have been filed with the secretary of state within ninety days
after any law shall have been filed by the governor in the office of the
secretary of state, ordering that such law, section of such law or any
item in such law appropriating money be submitted to the electors of the
state for their approval or rejection, the secretary of state shall
submit to the electors of the state for their approval or rejection such
law, section or item, in the manner herein provided, at the next
succeeding regular or general election in any year occurring subsequent
to sixty days after the filing of such petition, and no such law,
section or item shall go into effect until and unless approved by a
majority of those voting upon the same. If, however, a referendum
petition is filed against any such section or item, the remainder of the
law shall not thereby be prevented or delayed from going into effect.
(Adopted September 3,
1912.)
§ 01d Emergency laws; not subject to referendum
Laws providing for tax
levies, appropriations for the current expenses of the state government
and state institutions, and emergency laws necessary for the immediate
preservation of the public peace, health or safety, shall go into
immediate effect. Such emergency laws upon a yea and nay vote must
receive the vote of two-thirds of all the members elected to each branch
of the general assembly, and the reasons for such necessity shall be set
forth in one section of the law, which section shall be passed only upon
a yea and nay vote, upon a separate roll call thereon. The laws
mentioned in this section shall not be subject to the referendum.
(Adopted September 3,
1912.)
§ 01e Powers; limitation of use
The powers defined
herein as the "initiative" and "referendum" shall not be used to pass a
law authorizing any classification of property for the purpose of
levying different rates of taxation thereon or of authorizing the levy
of any single tax on land or land values or land sites at a higher rate
or by a different rule than is or may be applied to improvements thereon
or to personal property.
(Adopted September 3,
1912.)
§ 01f Power of municipalities
The initiative and
referendum powers are hereby reserved to the people of each municipality
on all questions which such municipalities may now or hereafter be
authorized by law to control by legislative action; such powers shall be
exercised in the manner now or hereafter provided by law.
(Adopted September 3,
1912.)
§ 01g Petition requirements and preparation
Any initiative,
supplementary, or referendum petition may be presented in separate parts
but each part shall contain a full and correct copy of the title, and
text of the law, section or item thereof sought to be referred, or the
proposed law or proposed amendment to the constitution. Each signer of
any initiative, supplementary, or referendum petition must be an elector
of the state and shall place on such petition after his name the date of
signing and his place of residence. A signer residing outside of a
municipality shall state the county and the rural route number, post
office address, or township of his residence. A resident of a
municipality shall state the street and number, if any, of his residence
and the name of the municipality or the post office address. The names
of all signers to such petitions shall be written in ink, each signer
for himself. To each part of such petition shall be attached the
statement of the circulator, as may be required by law, that he
witnessed the affixing of every signature. The petition and signatures
upon such petitions shall be presumed to be in all respects sufficient,
unless not later than forty days before the election, it shall be
otherwise proved and in such event ten additional days shall be allowed
for the filing of additional signatures to such petition. No law or
amendment to the constitution submitted to the electors by initiative
and supplementary petition and receiving an affirmative majority of the
votes cast thereon, shall be held unconstitutional or void on account of
the insufficiency of the petitions by which such submission of the same
was procured; nor shall the rejection of any law submitted by referendum
petition be held invalid for such insufficiency. Upon all initiative,
supplementary, and referendum petitions provided for in any of the
sections of this article, it shall be necessary to file from each of
one-half of the counties of the state, petitions bearing the signatures
of not less than one-half of the designated percentage of the electors
of such county. A true copy of all laws or proposed laws or proposed
amendments to the constitution, together with an argument or
explanation, or both, for, and also an argument or explanation, or both,
against the same, shall be prepared. The person or persons who prepare
the argument or explanation, or both, against any law, section, or item,
submitted to the electors by referendum petition, may be named in such
petition and the persons who prepare the argument or explanation, or
both, for any proposed law or proposed amendment to the constitution may
be named in the petition proposing the same. The person or persons who
prepare the argument or explanation, or both, for the law, section, or
item, submitted to the electors by referendum petition, or against any
proposed law submitted by supplementary petition, shall be named by the
general assembly, if in session, and if not in session then by the
governor. The law, or proposed law, or proposed amendment to the
constitution, together with the arguments and explanations, not
exceeding a total of three hundred words for each, and also the
arguments and explanations, not exceeding a total of three hundred words
against each, shall be published once a week for three consecutive weeks
preceding the election, in at least one newspaper of general circulation
in each county of the state, where a newspaper is published. The
secretary of state shall cause to be placed upon the ballots, the ballot
language for any such law, or proposed law, or proposed amendment to the
constitution, to be submitted. The ballot language shall be prescribed
by the Ohio
ballot board in the same manner, and subject to the same terms and
conditions, as apply to issues submitted by the general assembly
pursuant to Section 1 of Article XVI of this constitution. The ballot
language shall be so prescribed and the secretary of state shall cause
the ballots so to be printed as to permit an affirmative or negative
vote upon each law, section of law, or item in a law appropriating
money, or proposed law, or proposed amendment to the constitution. The
style of all laws submitted by initiative and supplementary petition
shall be: "Be it Enacted by the People of the State of Ohio," and of all
constitutional amendments: "Be it Resolved by the People of the State of
Ohio." The basis upon which the required number of petitioners in any
case shall be determined shall be the total number of votes cast for the
office of governor at the last preceding election therefor. The
foregoing provisions of this section shall be self-executing, except as
herein otherwise provided. Laws may be passed to facilitate their
operation, but in no way limiting or restricting either such provisions
or the powers herein reserved.
(Amended, effective
June 12, 1978.)
§ 02 Election and terms of legislators
§ 2
Election and term of legislators.
Representatives shall
be elected biennially by the electors of the respective house of
representatives districts; their term of office shall commence on the
first day of January next thereafter and continue two years.
Senators shall be
elected by the electors of the respective senate districts; their terms
of office shall commence on the first day of January next after their
election. All terms of senators which commence on the first day of
January, 1969 shall be four years, and all terms which commence on the
first day of January, 1971 shall be four years. Thereafter, except for
the filling of vacancies for unexpired terms, senators shall be elected
to and hold office for terms of four years.
No person shall hold
the office of State Senator for a period of longer than two successive
terms of four years. No person shall hold the office of State
Representative for a period longer than four successive terms of two
years. Terms shall be considered successive unless separated by a period
of four or more years. Only terms beginning on or after January 1, 1993
shall be considered in determining an individual's eligibility to hold
office.
In determining the
eligibility of an individual to hold office in accordance to this
article, (A) time spent in an office in fulfillment of a term to which
another person was first elected shall not be considered provided that a
period of at least four years passed between the time, if any, which the
individual previously held that office, and the time the individual is
elected or appointed to fulfill the unexpired term; and (B) a person who
is elected to an office in a regularly scheduled general election and
resigns prior to the completion of the term for which he or she was
elected, shall be considered to have served the full term in that
office.
(Adopted November 3,
1992.)
(As enacted
Nov. 7, 1967.
Former
§
2 repealed, see SJR 24, 107th General Assembly.)
§ 03 Residence
Senators and
representatives shall have resided in their respective districts one
year next preceding their election, unless they shall have been absent
on the public business of the United States, or of this State.
(As amended Nov. 7,
1967, see SJR 24, 107th General Assembly.)
§ 04 Eligibility
No member of the
general assembly shall, during the term for which he was elected, unless
during such term he resigns therefrom, hold any public office under the
United States, or this state, or a political subdivision thereof; but
this provision does not extend to officers of a political party,
notaries public, or officers of the militia or of the United States
armed forces.
No member of the
general assembly shall, during the term for which he was elected, or for
one year thereafter, be appointed to any public office under this state,
which office was created or the compensation of which was increased,
during the term for which he was elected.
(Amended, effective May
8, 1973; HJR No.5.)
§ 05 Who shall not hold office
No person hereafter
convicted of an embezzlement of the public funds, shall hold any office
in this state; nor shall any person, holding public money for
disbursement, or otherwise, have a seat in the general assembly, until
he shall have accounted for, and paid such money into the treasury.
§ 06 Powers of each house
Each House shall be
judge of the election, returns, and qualifications of its own members. A
majority of all the members elected to each House shall be a quorum to
do business; but, a less number may adjourn from day to day, and compel
the attendance of absent members, in such manner, and under such
penalties, as shall be prescribed by law.
Each House may punish
its members for disorderly conduct and, with the concurrence of
two-thirds of the members elected thereto, expel a member, but not the
second time for the same cause. Each House has all powers necessary to
provide for its safety and the undisturbed transaction of its business,
and to obtain, through committees or otherwise, information affecting
legislative action under consideration or in contemplation, or with
reference to any alleged breach of its privileges or misconduct of its
members, and to that end to enforce the attendance and testimony of
witnesses, and the production of books and papers. (Amended, effective
May 8, 1973; HJR No.5.)
§ 07 Organization of the House of Representatives
The mode of organizing
each House of the general assembly shall be prescribed by law.
Each House, except as
otherwise provided in this Constitution, shall choose its own officers.
The presiding officer in the Senate shall be designated as president of
the Senate and in the House of Representatives as speaker of the House
of Representatives.
Each House shall
determine its own rules of proceeding.
(Amended, effective May
8, 1973; HJR No.5.)
§ 08 Sessions of the General Assembly
Each general assembly
shall convene in first regular session on the first Monday of January in
the odd-numbered year, or on the succeeding day if the first Monday of
January is a legal holiday, and in second regular session on the same
date of the following year. Either the governor, or the presiding
officers of the general assembly chosen by the members thereof, acting
jointly, may convene the general assembly in special session by a
proclamation which may limit the purpose of the session. If the
presiding officer of the Senate is not chosen by the members thereof,
the President pro tempore of the Senate may act with the speaker of the
House of Representatives in the calling of a special session.
(As enacted
May 8, 1973. Former
§
8 repealed, see HJR No.5 110th General Assembly.)
§ 09 Journal, and yeas and nays
Each House shall keep a
correct journal of its proceedings, which shall be published. At the
desire of any two members, the yeas and nays shall be entered upon the
journal; and, on the passage of every bill, in either house, the vote
shall be taken by yeas and nays, and entered upon the journal.
(Amended, effective May
8, 1973; HJR No.5.)
§ 10 Rights of members to protest
Any member of either
house shall have the right to protest against any act, or resolution
thereof; and such protest, and the reasons therefor, shall, without
alteration, commitment, or delay, be entered upon the journal.
§ 11 Vacancies in either house, how filled
A vacancy in the Senate
or in the House of Representatives for any cause, including the failure
of a member-elect to qualify for office, shall be filled by election by
the members of the Senate or the members of the House of
Representatives, as the case may be, who are affiliated with the same
political party as the person last elected by the electors to the seat
which has become vacant. A vacancy occurring before or during the first
twenty months of a Senatorial term shall be filled temporarily by
election as provided in this section, for only that portion of the term
which will expire on the thirty-first day of December following the next
general election occurring in an even-numbered year after the vacancy
occurs, at which election the seat shall be filled by the electors as
provided by law for the remaining, unexpired portion of the term, the
member-elect so chosen to take office on the first day in January next
following such election. No person shall be elected to fill a vacancy in
the Senate or House of Representatives, as the case may be, unless he
meets the qualifications set forth in this Constitution and the laws of
this state for the seat in which the vacancy occurs. An election to fill
a vacancy shall be accomplished, notwithstanding the provisions of
section 27, Article II of this Constitution, by the adoption of a
resolution, while the Senate or the House of Representatives, as the
case may be, is in session, with the taking of the yeas and nays of the
members of the Senate or the House of Representatives, as the case may
be, affiliated with the same political party as the person last elected
to the seat in which the vacancy occurs. The adoption of such resolution
shall require the affirmative vote of a majority of the members elected
to the Senate or the House of Representatives, as the case may be,
entitled to vote thereon. Such vote shall be spread upon the journal of
the Senate or the House of Representatives, as the case may be, and
certified to the Secretary of State by the clerk thereof. The Secretary
of State shall, upon receipt of such certification, issue a certificate
of election to the person so elected and upon presentation of such
certificate to the Senate or the House of Representatives, as the case
may be, the person so elected shall take the oath of office and become a
member of the Senate or the House of Representatives, as the case may
be, for the term for which he was so elected.
(Amended, Nov. 7, 1961;
May 7, 1968; May 8, 1973; HJR No.5.)
§ 12 Privilege of members from arrest, and of speech
Senators and
representatives, during the session of the general assembly, and in
going to, and returning from the same, shall be privileged from arrest,
in all cases, except treason, felony, or breach of the peace; and for
any speech, or debate, in either house, they shall not be questioned
elsewhere.
§ 13 When session to be public
The proceedings of both
houses shall be public, except in cases which, in the opinion of
two-thirds of those present, require secrecy.
§ 14 Power of adjournment
Neither House shall,
without the consent of the other, adjourn for more than five days,
Sundays excluded; nor to any other place than that, in which the two
Houses are in session.
(Amended, effective May
8, 1973; HJR No.5.)
§ 15 How bill shall be passed
(A) The general
assembly shall enact no law except by bill, and no bill shall be passed
without the concurrence of a majority of the members elected to each
house. Bills may originate in either house, but may be altered, amended,
or rejected in the other.
(B) The style of the
laws of this state shall be, "be it enacted by the general assembly of
the state of Ohio."
(C) Every bill shall be
considered by each house on three different days, unless two-thirds of
the members elected to the house in which it is pending suspend this
requirement, and every individual consideration of a bill or action
suspending the requirement shall be recorded in the journal of the
respective house. No bill may be passed until the bill has been
reproduced and distributed to members of the house in which it is
pending and every amendment been made available upon a member's request.
(D) No bill shall
contain more than one subject, which shall be clearly expressed in its
title. No law shall be revived or amended unless the new act contains
the entire act revived, or the section or sections amended, and the
section or sections amended shall be repealed.
(E) Every bill which
has passed both houses of the general assembly shall be signed by the
presiding officer of each house to certify that the procedural
requirements for passage have been met and shall be presented forthwith
to the governor for his approval.
(F) Every joint
resolution which has been adopted in both houses of the general assembly
shall be signed by the presiding officer of each house to certify that
the procedural requirements for adoption have been met and shall
forthwith be filed with the secretary of state.
(Enacted
May 8, 1973. Former
§
15 repealed, see HJR No.5, 110th General Assembly.)
§ 16 Bills to be signed by governor; veto
If the governor
approves an act, he shall sign it, it becomes law and he shall file it
with the secretary of state.
If he does not approve
it, he shall return it with his objections in writing, to the house in
which it originated, which shall enter the objections at large upon its
journal, and may then reconsider the vote on its passage. If
three-fifths of the members elected to the house of origin vote to
repass the bill, it shall be sent, with the objections of the governor,
to the other house, which may also reconsider the vote on its passage.
If three-fifths of the members elected to the second house vote to
repass it, it becomes law notwithstanding the objections of the
governor, and the presiding officer of the second house shall file it
with the secretary of state. In no case shall a bill be repassed by a
smaller vote than is required by the constitution on its original
passage. In all cases of reconsideration the vote of each house shall be
determined by yeas and nays, and the names of the members voting for and
against the bill shall be entered upon the journal.
If a bill is not
returned by the governor within ten days, Sundays excepted, after being
presented to him, it becomes law in like manner as if he had signed it,
unless the general assembly by adjournment prevents its return; in which
case, it becomes law unless, within ten days after such adjournment, it
is filed by him, with his objections in writing, in the office of the
secretary of state. The governor shall file with the secretary of state
every bill not returned by him to the house of origin that becomes law
without his signature.
The governor may
disapprove any item or items in any bill making an appropriation of
money and the item or items, so disapproved, shall be void, unless
repassed in the manner prescribed by this section for the repassage of a
bill.
(Amended, effective May
8, 1973; HJR No.5.)
§ 17 Repealed
Repealed
May 8, 1973; see HJR No.5, 110th General Assembly.
§
17 Referred to the signing of all bills and joint resolutions by the
presiding officer of each house,
§ 18 Repealed
Repealed
May 8, 1973; see HJR No.5, 110th General Assembly.
§ 18
referred to the style of laws and
§ 19 Repealed
Repealed
May 8, 1973; see HJR No.5, 110th General Assembly.
§ 19
Referred to the exclusion of senators and representatives from
appointment to any civil office of this state.
§ 20 Term of office, and compensation of officers in certain cases
The general assembly,
in cases not provided for in this constitution, shall fix the term of
office and the compensation of all officers; but no change therein shall
affect the salary of any officer during his existing term, unless the
office be abolished.
§ 21 Contested elections
The general assembly
shall determine, by law, before what authority, and in what manner, the
trial of contested elections shall be conducted.
§ 22 Appropriations
No money shall be drawn
from the treasury, except in pursuance of a specific appropriation, made
by law; and no appropriation shall be made for a longer period than two
years.
§ 23 Impeachments; how instituted and conducted
The house of
Representatives shall have the sole power of impeachment, but a majority
of the members elected must concur therein. Impeachments shall be tried
by the senate; and the senators, when sitting for that purpose, shall be
upon oath or affirmation to do justice according to law and evidence. No
person shall be convicted without the concurrence of two-thirds of the
senators.
§ 24 Who liable to impeachment, and punishment
The governor, judges,
and all state officers, may be impeached for any misdemeanor in office;
but judgment shall not extend further than removal from office, and
disqualification to hold any office under the authority of this state.
The party impeached, whether convicted or not, shall be liable to
indictment, trial, and judgment, according to law.
§ 25 Repealed
Repealed
May 8, 1973; see HJR No.5, 110th General Assembly.
This section referred
to when sessions of general assembly shall commence.
§ 26 What laws to have a uniform operation
All laws, of a general
nature, shall have a uniform operation throughout the state; nor, shall
any act, except such as relates to public schools, be passed, to take
effect upon the approval of any other authority than the general
assembly, except, as otherwise provided in this constitution.
§ 27 Election and appointment of officers; filling vacancies
The election and
appointment of all officers, and the filling of all vacancies, not
otherwise provided for by this constitution, or the constitution of the
United States, shall be made in such manner as may be directed by law;
but no appointing power shall be exercised by the General Assembly,
except as prescribed in this constitution; and in these cases, the vote
shall be taken "viva voce."
(As amended Nov. 3,
1953; 125 v 1095.)
§ 28 Retroactive laws
The general assembly
shall have no power to pass retroactive laws, or laws impairing the
obligation of contracts; but may, by general laws, authorize courts to
carry into effect, upon such terms as shall be just and equitable, the
manifest intention of parties, and officers, by curing omissions,
defects, and errors, in instruments and proceedings, arising out of
their want of conformity with the laws of this state.
§ 29 No extra compensation
No extra compensation
shall be made to any officer, public agent, or contractor, after the
service shall have been rendered, or the contract entered into; nor
shall any money be paid, on any claim, the subject matter of which shall
not have been provided for by pre-existing law, unless such
compensation, or claim, be allowed by two-thirds of the members elected
to each branch of the General Assembly.
§ 30 New counties
No new county shall
contain less than four hundred square miles of territory, nor shall any
county be reduced below that amount; and all laws creating new counties,
changing county lines, or removing county seats, shall, before taking
effect, be submitted to the electors of the several counties to be
affected thereby, at the next general election after the passage
thereof, and be adopted by a majority of all the electors voting at such
election, in each of said counties; but any county now or hereafter
containing one hundred thousand inhabitants, may be divided, whenever a
majority of the voters residing in each of the proposed divisions shall
approve of the law passed for that purpose; but no town or city within
the same shall be divided, nor shall either of the divisions contain
less than twenty thousand inhabitants.
§ 31 Compensation of members and officers of the General Assembly
The members and
officers of the general assembly shall receive a fixed compensation, to
be prescribed by law, and no other allowance or perquisites, either in
the payment of postage or otherwise; and no change in their compensation
shall take effect during their term of office.
§ 32 Divorces and judicial power
The general assembly
shall grant no divorce, nor exercise any judicial power not herein
expressly conferred.
§ 33 Mechanics' and builders' liens
Laws may be passed to
secure to mechanics, artisans, laborers, sub-contractors and material
men, their just dues by direct lien upon the property, upon which they
have bestowed labor or for which they have furnished material. No other
provision of the constitution shall impair or limit this power.
(Adopted Sept. 3,
1912.)
§ 34 Welfare of employees
Laws may be passed
fixing and regulating the hours of labor, establishing a minimum wage,
and providing for the comfort, health, safety and general welfare of all
employes; and no other provision of the constitution shall impair or
limit this power.
(Adopted September 3,
1912.)
§ 35 Workmen's compensation
For the purpose of
providing compensation to workmen and their dependents, for death,
injuries or occupational disease, occasioned in the course of such
workmen's employment, laws may be passed establishing a state fund to be
created by compulsory contribution thereto by employers, and
administered by the state, determining the terms and conditions upon
which payment shall be made therefrom. Such compensation shall be in
lieu of all other rights to compensation, or damages, for such death,
injuries, or occupational disease, and any employer who pays the premium
or compensation provided by law, passed in accordance herewith, shall
not be liable to respond in damages at common law or by statute for such
death, injuries or occupational disease. Laws may be passed establishing
a board which may be empowered to classify all occupations, according to
their degree of hazard, to fix rates of contribution to such fund
according to such classification, and to collect, administer and
distribute such fund, and to determine all right of claimants thereto.
Such board shall set aside as a separate fund such proportion of the
contributions paid by employers as in its judgment may be necessary, not
to exceed one per centum thereof in any year, and so as to equalize,
insofar as possible, the burden thereof, to be expended by such board in
such manner as may be provided by law for the investigation and
prevention of industrial accidents and diseases. Such board shall have
full power and authority to hear and determine whether or not an injury,
disease or death resulted because of the failure of the employer to
comply with any specific requirement for the protection of the lives,
health or safety of employes, enacted by the General Assembly or in the
form of an order adopted by such board, and its decision shall be final;
and for the purpose of such investigations and inquiries it may appoint
referees. When it is found, upon hearing, that an injury, disease or
death resulted because of such failure by the employer, such amount as
shall be found to be just, not greater than fifty nor less than fifteen
per centum of the maximum award established by law, shall be added by
the board, to the amount of the compensation that may be awarded on
account of such injury, disease, or death, and paid in like manner as
other awards; and, if such compensation is paid from the state fund, the
premium of such employer shall be increased in such amount, covering
such period of time as may be fixed, as will recoup the state fund in
the amount of such additional award, notwithstanding any and all other
provisions in this constitution.
(As amended
November 6, 1923.
To take effect January 1, 1924.)
§ 36 Conservation of natural resources
Laws may be passed to
encourage forestry and agriculture, and to that end areas devoted
exclusively to forestry may be exempted, in whole or in part, from
taxation. Notwithstanding the provisions of section 2 of Article XII,
laws may be passed to provide that land devoted exclusively to
agricultural use be valued for real property tax purposes at the current
value such land has for such agricultural use. Laws may also be passed
to provide for the deferral or recoupment of any part of the difference
in the dollar amount of real property tax levied in any year on land
valued in accordance with its agricultural use and the dollar amount of
real property tax which would have been levied upon such land had it
been valued for such year in accordance with section 2 of Article XII.
Laws may also be passed to provide for converting into forest reserves
such lands or parts of lands as have been or may be forfeited to the
state, and to authorize the acquiring of other lands for that purpose;
also, to provide for the conservation of the natural resources of the
state, including streams, lakes, submerged and swamp lands and the
development and regulation of water power and the formation of drainage
and conservation districts; and to provide for the regulation of methods
of mining, weighing, measuring and marketing coal, oil, gas and all
other minerals.
(Amended, effective
Jan. 1, 1974; HJR No.13.)
§ 37 Eight hour day on public work
Except in cases of
extraordinary emergency, not to exceed eight hours shall constitute a
day's work, and not to exceed forty-eight hours a week's work, for
workmen engaged on any public work carried on or aided by the state, or
any political sub-division thereof, whether done by contract, or
otherwise.
(Adopted September 3,
1912.)
§ 38 Removal of officials
Laws shall be passed
providing for the prompt removal from office, upon complaint and
hearing, of all officers, including state officers, judges and members
of the general assembly, for any misconduct involving moral turpitude or
for other cause provided by law; and this method of removal shall be in
addition to impeachment or other method of removal authorized by the
constitution.
(Adopted September 3,
1912.)
§ 39 Regulating expert testimony in criminal trials
Laws may be passed for
the regulation of the use of expert witnesses and expert testimony in
criminal trials and proceedings.
(Adopted September 3,
1912.)
§ 40 Registering and warranting land titles
Laws may be passed
providing for a system of registering, transferring, insuring and
guaranteeing land titles by the state or by the counties thereof, and
for settling and determining adverse or other claims to and interests
in, lands the titles to which are so registered, insured or guaranteed,
and for the creation and collection of guaranty funds by fees to be
assessed against lands, the titles to which are registered; and judicial
powers with right of appeal may by law be conferred upon county
recorders or other officers in matters arising under the operation of
such system. (Adopted September 3, 1912.)
§ 41 Prison labor
Laws may be passed
providing for and regulating the occupation and employment of prisoners
sentenced to the several penal institutions and reformatories in the
state.
(Amended, effective
Nov. 7, 1978; SJR No.23.)
§ 42 Continuity of government operations in emergencies caused by enemy
attack
The General Assembly
shall have the power and the immediate duty to pass laws to provide for
prompt and temporary succession to the powers and duties of public
offices, of whatever nature and whether filled by election or
appointment, the incumbents of which may become unavailable for carrying
on the powers and duties of such offices and to pass such other laws as
may be necessary and proper for insuring the continuity of governmental
operations in periods of emergency resulting from disasters caused by
enemy attack.
(As enacted, Nov. 7,
1961.)
Article 3 – Executive
§ 01 Executive department
The executive
department shall consist of a governor, lieutenant governor, secretary
of state, auditor of state, treasurer of state, and an attorney general,
who shall be elected on the first Tuesday after the first Monday in
November, by the electors of the state, and at the places of voting for
members of the General Assembly.
(As amended October 13,
1885; 82 v 446.)
§ 01a Joint vote cast for governor and lieutenant
In the general election
for governor and lieutenant governor, one vote shall be cast jointly for
the candidates nominated by the same political party or petition. The
General Assembly shall provide by law for the nomination of candidates
for governor and lieutenant governor.
(Enacted June 8, 1976;
SJR No.4.)
§ 01b Lieutenant governor duties assigned by governor
The lieutenant governor
shall perform such duties in the executive department as are assigned to
him by the governor and as are prescribed by law.
(Enacted effective Jan.
8, 1979; SJR No.4.)
§ 02 Term of office
The governor,
lieutenant governor, secretary of state, treasurer of state, and
attorney general shall hold their offices for four years commencing on
the second Monday of January, 1959. Their terms of office shall continue
until their successors are elected and qualified. The auditor of state
shall hold his office for a term of two years from the second Monday of
January, 1961 to the second Monday of January, 1963 and thereafter shall
hold his office for a four year term. No person shall hold the office of
governor for a period longer than two successive terms of four years.
No person shall hold
any one of the offices of lieutenant governor, secretary of state,
treasurer of state, attorney general, or auditor of state for a period
longer than two successive terms of four years. Terms shall be
considered successive unless separated by a period of four or more
years. Only terms beginning on or after January 1, 1995 shall be
considered in determining an individual's eligibility to hold the office
of lieutenant governor, secretary of state, treasurer of state, attorney
general, or auditor of state.
In determining the
eligibility of an individual to hold an office in accordance with this
article, (A) time spent in an office in fulfillment of a term to which
another person was first elected shall not be considered provided that a
period of at least four years passed between the time, if any, in which
the individual previously held that office, and the time the individual
is elected or appointed to fulfill the unexpired term; and (B) a persom
who is elected to an office in a regularly scheduled general election
and resigns prior to the completion of the term for which he or she was
elected, shall be considered to have served the full term in that
office.
(Adopted November 3,
1992.)
(Amended November 2,
1954.)
§ 03 Election returns
The returns of every
election for the officers, named in the foregoing section, shall be
sealed and transmitted to the seat of government, by the returning
officers, directed to the President of the Senate, who, during the first
week of the next regular session, shall open and publish them, and
declare the result, in the presence of a majority of the members of each
House of the General Assembly. The joint candidates having the highest
number of votes cast for governor and lieutenant governor and the person
having the highest number of votes for any other office shall be
declared duly elected; but if any two or more have an equal and the
highest number of votes for the same office or officers, one of them or
any two for whom joint votes were cast for governor and lieutenant
governor, shall be chosen by joint vote of both houses.
(Amended June 8, 1976,
SJR No.4; November 2, 1976, SJR No.17, 111th General Assembly.)
§ 04 Repealed
Repealed
November 2, 1976; see SJR No.17, 111th General Assembly.
This section referred
to returns of election made to the secretary of state when there is no
session of the general assembly in January after an election.
§ 05 Executive power vested in governor
The supreme executive
power of this state shall be vested in the governor.
§ 06 He may require written information, etc.
He may require
information, in writing, from the officers in the executive department,
upon any subject relating to the duties of their respective offices; and
shall see that the laws are faithfully executed.
§ 07 He shall recommend measures, etc.
He shall communicate at
every session, by message, to the general assembly, the condition of the
state, and recommend such measures as he shall deem expedient.
§ 08 Limiting part of General Assembly in extra session
The governor on
extraordinary occasions may convene the general assembly by proclamation
and shall state in the proclamation the purpose for which such special
session is called, and no other business shall be transacted at such
special session except that named in the proclamation, or in a
subsequent public proclamation or message to the general assembly issued
by the governor during said special session, but the general assembly
may provide for the expenses of the session and other matters incidental
thereto.
(As amended September
3, 1912.)
§ 09 When he may adjourn the General Assembly
In case of disagreement
between the two houses, in respect to the time of adjournment, he shall
have power to adjourn the general assembly to such time as he may think
proper, but not beyond the regular meetings thereof.
§ 10 Commander-in-chief of militia
He shall be
commander-in-chief of the military and naval forces of the state, except
when they shall be called into the service of the United States.
§ 11 May grant reprieves, commutations and pardons
The Governor shall have
power, after conviction, to grant reprieves, commutations, and pardons,
for all crimes and offenses, except treason and cases of impeachment,
upon such conditions as the Governor may think proper; subject, however,
to such regulations, as to the manner of applying for commutations and
pardons, as may be prescribed by law. Upon conviction for treason, the
Governor may suspend the execution of the sentence, and report the case
to the General Assembly, at its next meeting, when the General Assembly
shall either pardon, commute the sentence, direct its execution, or
grant a further reprieve. The Governor shall communicate to the general
assembly, at every regular session, each case of reprieve, commutation,
or pardon granted, stating the name and crime of the convict, the
sentence, its date, and the date of the commutation, pardon, or
reprieve, with the Governor's reasons therefor.
(As amended January 1,
1996)
§ 12 Seal of the state, and by whom kept
There shall be a seal
of the state, which shall be kept by the governor, and used by him
officially; and shall be called "The Great Seal of the State of Ohio."
§ 13 How grants and commissions issued
All grants and
commissions shall be issued in the name, and by the authority, of the
state of Ohio; sealed with the great seal; signed by the governor,
and countersigned by the secretary of state.
§ 14 Who is ineligible for governor
No member of congress,
or other person holding office under the authority of this state, or of
the United States,
shall execute the office of governor, except as herein provided.
§ 15 Who shall fill his place when vacancy occurs
(A) In the case of the
death, conviction on impeachment, resignation, or removal, of the
Governor, the Lieutenant Governor shall succeed to the office of
Governor.
(B) When the Governor
is unable to discharge the duties of office by reason of disability, the
Lieutenant Governor shall serve as governor until the Governor's
disability terminates.
(C) In the event of a
vacancy in the office of governor or when the Governor is unable to
discharge the duties of office, the line of succession to the office of
governor or to the position of serving as governor for the duration of
the Governor's disability shall proceed from the Lieutenant Governor to
the President of the senate and then to the Speaker of the House of
Representatives.
(D) Any person serving
as governor for the duration of the Governor's disability shall have the
powers, duties, and compensation of the office of governor. Any person
who succeeds to the office of governor shall have the powers, duties,
title, and compensation of the office of governor.
(E) No person shall
simultaneously serve as Governor and Lieutenant Governor, President of
the senate, or Speaker of the House of Representatives, nor shall any
person simultaneously receive the compensation of the office of governor
and that of lieutenant governor, president of the Senate, or speaker of
the House of Representatives.
(Enacted
November 2, 1976. Former
§
15 repealed, see HJR No.37, 111th General Assembly.)
§ 16 Repealed
Repeal effective
January 8, 1979; 136 v SJR No.4.
This section referred
to the lieutenant governor as president of the senate and the choosing
of a president pro tempore in his absence.
§ 17 If a vacancy shall occur while executing the office of governor, who
shall act
When a vacancy occurs
in both the office of governor and lieutenant governor because of the
death,
conviction on
impeachment, resignation, or removal of the persons elected to those
offices prior to the expiration of the first twenty months of a term, a
governor and lieutenant governor shall be elected at the next general
election occurring in an even-numbered year after the vacancy occurs,
for the unexpired portion of the term. The officer next in line of
succession to the office of governor shall serve as governor from the
occurrence of the vacancy until the newly elected governor has
qualified.
If by reason of death,
resignation, or disqualification, the governor-elect is unable to assume
the office of governor at the commencement of the gubernatorial term,
the lieutenant governor-elect shall assume the office of governor for
the full term. If at the commencement of such term, the governor-elect
fails to assume the office by reason of disability, the lieutenant
governor-elect shall serve as governor until the disability of the
governor-elect terminates.
(Enacted
November 2, 1976. Former
§
17 repealed, see HJR No.37, 111th General Assembly.)
§ 17a Filling a vacancy in the office of lieutenant governor
Whenever there is a
vacancy in the office of the lieutenant governor, the governor shall
nominate a lieutenant governor, who shall take office upon confirmation
by vote of a majority of the members elected to each house of the
General Assembly.
(Adopted November 7,
1989)
§ 18 What vacancies governor to fill
Should the office of
Auditor of State, Treasurer of State, Secretary of State, or Attorney
General become vacant, for any of the causes specified in the fifteenth
section of this article, the Governor shall fill the vacancy until the
disability is removed, or a successor elected and qualified. Such
successor shall be elected for the unexpired term of the vacant office
at the first general election in an even numbered year that occurs more
than forty days after the vacancy has occurred; provided, that when the
unexpired term ends within one year immediately following the date of
such general election, an election to fill such unexpired term shall not
be held and the appointment shall be for such unexpired term.
(Amended, effective
Jan. 1, 1970; HJR No.26.)
§ 19 Compensation
The officers mentioned
in this article shall, at stated times, receive for their services, a
compensation to be established by law, which shall neither be increased
nor diminished during the period for which they shall have been elected.
§ 20 Officers to report to governor, and when
The officers of the
executive department, and of the public state institutions shall, at
least five days preceding each regular session of the general assembly,
severally report to the governor, who shall transmit such reports, with
his message to the General Assembly.
§ 21 Appointment subject to advice and consent of Senate
When required by law,
appointments to state office shall be subject to the advice and consent
of the Senate. All statutory provisions requiring advice and consent of
the Senate to appointments to state office heretofore enacted by the
General Assembly are hereby validated, ratified and confirmed as to all
appointments made hereafter, but any such provision may be altered or
repealed by law.
No appointment shall be
consented to without concurrence of a majority of the total number of
Senators provided for by this Constitution, except as hereinafter
provided for in the case of failure of the Senate to act. If the Senate
has acted upon any appointment to which its consent is required and has
refused to consent, an appointment of another person shall be made to
fill the vacancy.
If an appointment is
submitted during a session of the General Assembly, it shall be acted
upon by the Senate during such session of the General Assembly, except
that if such session of the General Assembly adjourns sine die within
ten days after such submission without acting upon such appointment, it
may be acted upon at the next session of the General Assembly.
If an appointment is
made after the Senate has adjourned sine die, it shall be submitted to
the Senate during the next session of the General Assembly.
In acting upon an
appointment a vote shall be taken by a yea and nay vote of the members
of the Senate and shall be entered upon its journal. Failure of the
Senate to act by a roll call vote on an appointment by the governor
within the time provided for herein shall constitute consent to such
appointment.
(As enacted Nov. 7,
1961.)
§ 22 Jurisdiction to determine disability; succession
The supreme court has
original, exclusive, and final jurisdiction to determine disability of
the governor or governor-elect upon presentment to it of a joint
resolution by the general assembly, declaring that the governor or
governor-elect is unable to discharge the powers and duties of the
office of governor by reason of disability. Such joint resolution shall
be adopted by a two-thirds vote of the members elected to each house.
The supreme court shall give notice of the resolution to the governor
and after a public hearing, at which all interested parties may appear
and be represented, shall determine the question of disability. The
court shall make its determination within twenty-one days after
presentment of such resolution.
If the governor
transmits to the supreme court a written declaration that the disability
no longer exists, the supreme court shall, after public hearing at which
all interested parties may appear and be represented, determine the
question of the continuation of the disability. The court shall make its
determination within twenty-one days after transmittal of such
declaration.
The Supreme Court has
original, exclusive, and final jurisdiction to determine all questions
concerning succession to the office of the governor or to its powers and
duties.
(Enacted November 2,
1976; HJR No.37, 111th General Assembly.)
* Schedule of HJR 37
(136 v --) reads as follows: If, on the effective date of this
amendment, section number 16 is already assigned to a section in Article
III of the Constitution of Ohio, the Secretary of State shall assign
section number 22 to the section in Article III that would be numbered
section 16 by this amendment, and such number shall be the official
number of such section and shall be so published in any publication of
the Constitution and shall be cited and referred to by such number.
Article 4 – Judicial
§ 01 In whom power vested
The judicial power of
the state is vested in a supreme court, courts of appeals, courts of
common pleas and divisions thereof, and such other courts inferior to
the Supreme Court as may from time to time be established by law.
(Amended 7-7, 1968;
Nov. 6, 1973; SJR No.30.)
§ 02 Organization and jurisdiction of Supreme Court
(A) The Supreme Court
shall, until otherwise provided by law, consist of seven judges, who
shall be known as the chief justice and justices. In case of the absence
or disability of the chief justice, the judge having the period of
longest total service upon the court shall be the acting chief justice.
If any member of the court shall be unable, by reason of illness,
disability or disqualification, to hear, consider and decide a cause or
causes, the chief justice or the acting chief justice may direct any
judge of any court of appeals to sit with the judges of the supreme
court in the place and stead of the absent judge. A majority of the
Supreme Court shall be necessary to constitute a quorum or to render a
judgment.
(B)(1) The Supreme
Court shall have original jurisdiction in the following:
(a) Quo warranto;
(b)Mandamus;
(c) Habeas corpus;
(d) Prohibition;
(e) Procedendo;
(f) In any cause on
review as may be necessary to its complete determination;
g) Admission to the
practice of law, the discipline of persons so admitted, and all other
matters relating to the practice of law.
2) The supreme court
shall have appellate jurisdiction as follows:
(a) In appeals from the
courts of appeals as a matter of right in the following:
(i) Cases originating
in the courts of appeals;
(ii) Cases in which the
death penalty has been affirmed;
(iii) Cases involving
questions arising under the constitution of the United States or of this
state.
(b) In appeals from the
courts of appeals in cases of felony on leave first obtained,
(c) In direct appeals
from the courts of common pleas or other courts of record inferior to
the court of appeals as a matter of right in cases in which the death
penalty has been imposed;
(d) Such revisory
jurisdiction of the proceedings of administrative officers or agencies
as may be conferred by law;
(e) In cases of public
or great general interest, the supreme court may direct any court of
appeals to certify its record to the supreme court, and may review and
affirm, modify, or reverse the judgment of the court of appeals;
(f) The Supreme Court
shall review and affirm, modify, or reverse the judgment in any case
certified by any court of appeals pursuant to section 3(B)(4) of this
article.
(3) No law shall be
passed or rule made whereby any person shall be prevented from invoking
the original jurisdiction of the supreme court.
(C) The decisions in
all cases in the Supreme Court shall be reported, together with the
reasons therefor.
(Amended November 8,
1994)
§ 03 Court of appeals
(A) The state shall be
divided by law into compact appellate districts in each of which |