Ohio high court rules controversial August election at center of abortion battle can go on as planned

The Ohio Supreme Court ruled Friday that a controversial August election at the center of a potential abortion battle in the state could proceed as scheduled.

The Buckeye State’s top court ruled in a 4-3 decision that an election scheduled for Aug. 8 over a proposed constitutional amendment could take place as planned, despite the fact Gov. Mike DeWine (R) signed a law earlier this year banning nearly all August elections. 

The Ohio state constitution’s language “authorizes the General Assembly to impose or direct a special election in furtherance of a proposed constitutional amendment. It leaves to the General Assembly the details—like the date of the special election—to be established in pursuance of its authority to call for a vote of citizens on the amendment,” the high court wrote.

It “imposes no limitation on the General Assembly’s ability to call for a special election on a proposed constitutional amendment,” they added.

The decision is a blow for Democrats, who filed a lawsuit against the date of the August election in hopes of trying to curb efforts to hold an election on the ballot measure. The proposed constitutional amendment, if passed, would require at least 60 percent of voters to change the state’s constitution — up from a simple majority.

The development comes as Democrats are seeking to get a measure on the ballot this November that seeks to enshrine abortion protections in the state’s constitution. If the proposed constitutional amendment in August passes, it could make it harder for abortion rights activists and Democrats to pass a measure in November if it makes it onto the fall ballot.