| 2006 State Ballot Issue Analysis |
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| Written by Jeff Garvas | |
| Thursday, 26 October 2006 | |
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This November 7th every Ohio voter will be presented with what currently appear to be four statewide ballot issues regardless of where you live. These issues are very politically motivated and could have a profound impact on the state of Ohio and your individual lives, jobs, families, etc. This year's statewide issues actually deal with statewide issues rather than last year’s political tricks to "shake up" the way elections, officials, and elected offices of the State of Ohio are handled. The Ohioans For Concealed Carry PAC and Ohioans For Concealed Carry are not advocating a position on the actual merits of these issues. Although we are recommending three NO votes on principle, we are not taking a position on gambling, smoking, minimum wage, nor the referendum issue on worker compensation. You, the voters, best decide the merits of each of these issues. We fully expect that our membership and supporters will have a variety of different opinions on these issues. Endorsing or opposing any of the issues on their actual merits would provide you limited benefit and simply put us between two groups of people who mutually agree on issues related to self-defense. Our goal in writing this is to further educate those voters who we have the ability to reach out to. We strongly advocate that you become a fully informed voter and understand the issues that will be on your ballot BEFORE you go to vote on November 7th. In addition to the issues outlined here, your local ballot will likely have other local issues, levies, etc. and you should not ignore them. We also encourage you to research the issues below by finding the websites of the campaigns supporting or opposing each side. Beneath each issue synopsis is a link to the formal text "In Favor" or "In Opposition" to each of the issues from the Secretary of State's website. The "In Favor" language is typically written by the entity attempting to pass the ballot issue. For additional information on each issue, including how the ballot will read and the actual language that will be amended in Ohio Law or the Ohio Constitution, review the Secretary of State's page We feel that it is important for voters to understand that THREE of the issues below would amend the State of Ohio Constitution and one of them would create new state laws. The difference between a constitutional amendment and a state law is rather significant since the latter can be adjusted by initiative, referendum, and an act of the General Assembly. The former requires a vote of the people. One of the issues, which is currently not expected to appear on the ballot, would repeal sections of a law created by the General Assembly. We oppose three of the issues expected to be on the ballot on the grounds that they are issues that, in our opinion, do not belong in The State of Ohio Constitution. Rather, they should have been sought as changes to Ohio law that allow future changes. Ohioans For Concealed Carry believes that Constitutional law should be reserved for rights that one expects to enjoy unchanged for decades or centuries. Each of the proposed amendments to the Ohio Constitution are either likely to be revisited in future sessions of The General Assembly or, in the case of Issue 4, introduces a "ban" to a document historically used to define inalienable rights. Finally, we encourage healthy discussion and debate on these issues and we invite you to visit http://OhioCCWForums.org to discuss each issue in the Ohioans For Concealed Carry forums under "Ohio Politics". State Issue 1: -------------- A Referendum on Am. Sub. SB 7 - Workers' Compensation. At the time of this writing an Ohio District Appellate Court affirmed a decision by Secretary of State Ken Blackwell to not certify this issue due to a lack of signatures. It is our expectation that State Issue 1 will not be on the November 7th ballot unless there is further court action to the contrary. This issue dealt with repealing aspects of Senate Bill 7, an issue dealing with worker's compensation. The Ohio Supreme Court has agreed to hear the appeal. You may wish to read up on this issue in the event that it appears on your ballot: Formal Position Statements: In Favor of Issue 1 & In Opposition of Issue 1 State Issue 2: -------------- A Proposed Constitutional Amendment that will increase the minimum wage in the State of Ohio from $5.15 to $6.85 per hour. There are many different opinions on how this would be detrimental to our economy and/or how it would be beneficial to the employee. Ohioans For Concealed Carry PAC has no position on the issue itself and is merely bringing it to your attention to educate you as a voter. With that said, the opponents of this issue have put forth a very serious claim that OFCC is neither endorsing nor validating. If this claim is true it may or may not impact your position on this pivotal issue even if you are not an hourly employee: "It gives employees or any person acting on behalf of an employee the right to demand private salary records for all employees (not just hourly workers). This will give access to your private information, which could then become public. Disclosure of home addresses and other personal data will put you at risk of identity theft."You should read the argument and explanation for this issue at length as it will be on the November 7th ballot. Ohioans For Concealed Carry believes that constitutional law should be reserved for rights that one expects to enjoy unchanged for decades or centuries. Therefore, we recommend a NO vote solely on this principle. Should this issue pass it would require a vote of the people to change the minimum wage in either direction. Should the privacy concerns of opponents be real, change would require either a vote of the people and/or the actions of a court. Laws likely to be re-addressed do not belong in the Constitution. Formal Position Statements: In Favor of Issue 2 & In Opposition of Issue 2 State Issue 3: -------------- A proposed constitutional amendment that will allow initial gambling at seven locations in Ohio and purports to support college scholarships. This issue is also being referred to as Learn & Earn. Gambling in the state of Ohio has been a very touchy subject with voters, and it has been historically rejected by the more conservative nature of Ohio's voters in previous ballot initiatives. However, proponents of gambling keep coming back to the table and they keep making valid points of comparison. Proponents argue that other states are doing it. Why shouldn't Ohio benefit instead of bleeding funds? Proponents make this point more clearly in their argument and explanation in favor of the issue: "Each year, Ohioans spend billions of dollars on gaming entertainment in neighboring states and Canada. This amendment will help keep that money in Ohio for the benefit of Ohio and its children. Money now spent by Ohioans on gaming in Indiana, Michigan, West Virginia, and Canada (and soon, Pennsylvania), benefits the residents of those places."While we have absolutely no position on this issue we feel that it is critical that every voter cast a decision on this issue and do so knowing the issue to the best of their ability. While the school-funding situation in Ohio is practically a dead horse voters must realize that State Issue 3 does not attempt to fund K-12 public, private, or charter schools. The amendment would create funding for college students in specific situations. Opponents claim in their opposition statement "Only the top 5% of students will qualify for tuition grants which disappear after 12 years." The details, as usual, are always in the fine print. Be sure you know where you stand on this issue before November 7th! Ohioans For Concealed Carry believes that constitutional law should be reserved for rights that one expects to endure unchanged for decades or centuries. Therefore, we recommend a NO vote solely on this principle. Should this issue pass, it would limit gambling to seven specific locations. In order to reduce, increase, or modify that initial design a vote of the people would be required. Laws likely to be re-addressed do not belong in the Constitution. Formal Position Statements: In Favor of Issue 3 & In Opposition of Issue 3 State Issues 4 & 5: ------------------- For the first time, Ohio voters will have the opportunity to vote on one of the most controversial statewide issues in recent memory: Should someone be allowed to smoke in a public place? Issues 4 & 5 both address this issue and, as competing efforts, have created a significant amount of confusion. We are well aware of the fact that our supporters are both smokers and non-smokers alike and Ohioans For Concealed Carry PAC will not take a position on the issue of smoking in and of itself. However, we want to make sure that every voter completely understands what is taking place amongst these two issues. Issue 4 is a proposed constitutional amendment that would "restrict smoking places" and potentially supersede any local ordinance that either permitted or prohibited smoking. Those who want to see smoking prohibited in public places argue that R.J. Reynolds (a cigarette manufacturer) is behind Issue 4 funding and coordination. Interestingly enough, the proponents of a smoking ban are backed up by news reports that "Smoke Less" (Issue 4) supporters have used deceptive tactics to get people to sign their petitions in order to get on the ballot. Regardless, both issues are now on the ballot and the decision must be made by the voters on November 7th. The downside to State Issue 4, which would limit the places smoking can take place and specifically permit it in places like bars, is that if State Issue 4 were to pass with a majority of votes it would make "smoking rights" a constitutional issue in the state of Ohio. This would mean that should the legislature wish to repeal or adjust the issue they would run into constitutional issues, or another ballot initiative would be required to modify or repeal the amendment to that sacred document. State Issue 5, which is dubbed the "Smoke Free Ohio" campaign, would aggressively eliminate the places where smoking is permitted. The most significant difference in what each issue would result in is that State Issue 5 is a proposed law, not a constitutional amendment. Laws can be modified by the Legislature. This can be seen as both good and bad depending upon what side of the issue you're on. If State Issue 5 and State Issue 4 both pass, which is probably not likely to occur, State Issue 4 would likely prevail as a constitutional amendment and could present the environment for backers of State Issue 4 to challenge the law created by State Issue 5 as "unconstitutional". If State Issue 4 fails and State Issue 5 passes a new law will be enacted that would create a uniform statewide prohibition on smoking in most public places of employment, restaurants, etc. It is our belief that the majority of voters will vote the same way on both issues, resulting in just one of them passing with a majority of votes. (Those opposed to the ban will vote YES on 4 and NO on 5, while those who want to see a ban will likely vote NO on 4 and YES on 5. Some voters may vote NO on both issues to prevent any prohibitions) While Ohioans For Concealed Carry PAC will not take a position on the issue of smoking in and of itself, we feel that the Smoke Less Issue 4 attempt to create a new constitutional "right to smoke", in an effort to trump a competing ballot initiative that would create only a law (which is more restrictive), is an absurd abuse of the democratic process. The "Smoke Less" alternative should have been presented as an option in the same fashion as Issue 5 (a change to state law). Ohioans For Concealed Carry believes that constitutional law should be reserved for rights that one expects to endure unchanged for decades or centuries. Therefore, we recommend a NO vote solely on this principle. Smokers and non-smokers alike should have the opportunity to express their views on this issue in a single YES or NO vote, and that vote should be done on the actual ballot initiative that would either enact a state law or not based on it's ability to muster enough votes in favor of passage or its subsequent failure. RECOMMENDATION: Therefore, Ohioans For Concealed Carry PAC suggests that all voters cast a "NO" vote on State Issue 4 due to its attempt to place a "ban" in the Ohio Constitution, and cast a vote representative of their fully informed opinion on prohibiting smoking on State Issue 5. If you are opposed to a limited "ban" on smoking that also permits it in limited establishments being amended in the Ohio Constitution, vote NO on Issue 4. If you are in favor of a limited "ban" that also permits it in limited establishments and you are not bothered by it being amended into the Ohio Constitution, vote YES on Issue 4. If you are in favor of a statewide smoking ban, vote YES on Issue 5 If you are opposed to a statewide smoking ban, vote NO on Issue 5 NOTE THAT YOU SHOULD VOTE ON BOTH ISSUES. If you cast a vote on one of the two issues and not the other you are in effect casting a vote. These issues pass or fail based on the majority of votes cast on the issue and nothing else. If you have a position on these issues and you do not cast a vote you are, in effect, giving the opposite side of your position a vote in their favor by effectively lowering the total number of votes cast. Do not under estimate the power of a single vote on such a controversial statewide issue. To help you reach your position on these issues we offer the arguments for and against both issues: State Issue 4: (Smoke LESS; less restrictive prohibition; Constitutional Amendment; Supposedly supported by RJ Reynolds) Formal Position Statements: In Favor of Issue 4 & In Opposition of Issue 4 State Issue 5: (Smoke FREE; aggressive prohibition on smoking; A state law; Backed by the American Cancer Society) Formal Position Statements: In Favor of Issue 5 & In Opposition of Issue 5 CONCLUSION: Issue 1: Referendum on Worker Compensation Changes - Not expected on the ballot. OFCC encourages our members to vote on Issue 1 based on their own opinion should the Ohio Supreme Court put it on the ballot. NO RECOMMENDATION Issue 2: Increases Ohio's minimum wage - Constitutional Amendment OFCC recommends a NO vote on the principle that minimum wage is re-addressed by the legislature regularly and doesn't belong in the Ohio Constitution Issue 3: Permits slot gambling at seven race tracks – Constitutional Amendment OFCC recommends a NO vote on the principle that a list of gambling "locations", likely to be re-addressed, doesn't belong in the Ohio Constitution Issue 4: Creates a less-restrictive smoking restriction – Constitutional Amendment OFCC recommends a NO vote on the principle that a smoking "ban" doesn't belong in the Ohio Constitution where rights are typically recognized. Further, OFCC feels that using a constitutional amendment to "trump" a competing ballot issue seeking a law change is inappropriate. Issue 5: Creates an aggressive state-wide smoking prohibition – Modifies Ohio Revised Code OFCC encourages our members to vote on Issue 5 based on their own opinion of the issue, while making sure that they vote on BOTH Issues 4 and 5 so that their opinion is properly reflected. NO RECOMMENDATION. * OFCC makes no endorsements on any of the issues based on the merits of each issue. We are not taking a position on gambling, smoking, minimum wage, or the compensation referendum. |