I. Executive Summary:
Ohio Senate Bill 63 proposes to explicitly prohibit the use of ranked choice voting (also referred to as instant runoff voting) in all elections and primary elections within the state, unless specifically permitted by the Ohio Constitution (Article X or Article XVIII, concerning municipal charters). Furthermore, the bill introduces a significant financial disincentive by mandating the withholding of Local Government Fund (LGF) distributions from any municipality or chartered county that adopts RCV through ordinance or resolution. The bill outlines the process for the Secretary of State to determine non-compliance and notify the Tax Commissioner, who will then implement the withholding of funds.
II. Main Themes and Important Ideas/Facts:
- Explicit Prohibition of Ranked Choice Voting: The central theme of the bill is to outlaw RCV at the state and local levels, except where constitutional provisions might allow for it in certain self-governing entities.
- Section 3505.011(A) states: “Except as otherwise permitted under Article X or Article XVIII, Ohio Constitution, no election shall be conducted in this state using ranked choice voting or instant runoff voting.”
- Section 3513.141(A) similarly states for primary elections: “Except as otherwise permitted under Article X or Article XVIII, Ohio Constitution, no primary election shall be conducted in this state using ranked choice voting or instant runoff voting.”
- Financial Penalty for Adopting RCV: The bill introduces a strong deterrent against the local adoption of RCV by linking it to the loss of state LGF distributions.
- Section 3505.011(B) specifies that if the Secretary of State finds that a county or municipality has approved RCV, it “is ineligible to receive any local government fund distributions from the state during the period beginning with the month following the adoption of the resolution or ordinance and ending with the month following the last day it is in effect.”
- Section 3513.141(B) contains identical language regarding the ineligibility for LGF distributions for using RCV in primary elections.
- Mechanism for Enforcement: The bill establishes a clear process for identifying and penalizing jurisdictions using RCV:
- The Secretary of State is responsible for determining if a county or municipality has approved the use of RCV.
- Upon such a determination, the Secretary of State “promptly shall notify the tax commissioner of the county or municipal corporation’s ineligibility.”
- The Tax Commissioner is then tasked with implementing the withholding of LGF distributions.
- Rescission Process: The bill also outlines a mechanism for a county or municipality to regain eligibility for LGF distributions if they rescind their approval of RCV.
- Section 3505.011(C) states: “Upon determining that a county or municipal corporation has, by resolution or ordinance, rescinded previous approval for the use of ranked choice voting that resulted in notice to the tax commissioner under division (B) of this section, the secretary of state shall promptly notify the tax commissioner of the rescission.”
- Section 3513.141(C) contains similar language for the rescission of RCV approval in primary elections.
- Amendments to Existing Law: The bill proposes to amend sections 3501.01 (definitions related to elections) and 5747.502 (related to traffic camera fines and LGF adjustments), though the specific amendments to these existing sections are not detailed in these excerpts beyond a general statement in Section 1.
- Enactment of New Sections: The bill proposes to enact four new sections of the Revised Code:
- 3505.011: Prohibiting RCV in general elections and linking it to LGF ineligibility.
- 3513.141: Prohibiting RCV in primary elections and linking it to LGF ineligibility.
- 5747.504: Further detailing the process by which the Tax Commissioner withholds LGF payments from municipalities and counties using RCV, based on notification from the Secretary of State. This section outlines how payments will cease for different types of local authorities (municipal corporations with a population of 1,000 or more, qualifying villages, and counties/municipal corporations).
- For larger municipalities, payments under section 5747.50 will cease.
- For qualifying villages, supplemental payments under section 5747.503 will be reduced.
- For any county or municipality, payments under sections 5747.51 or 5747.53 will be reduced.
- 5747.505: Establishing a priority for the application of LGF reductions if a municipality or county is subject to multiple reduction requirements under sections 5747.502 (related to traffic camera fines) and 5747.504 (related to RCV). In such cases, the reduction related to RCV under section 5747.504 will be applied first, and the withheld funds will be deposited into the general revenue fund.
- Transfer of Withheld Funds: Section 5747.504(E) specifies that the Tax Commissioner will transfer the LGF payments withheld due to the use of RCV from the local government fund to the general revenue fund on or before the tenth day of each month.
III. Potential Implications:
- Limited Local Autonomy: The bill significantly restricts the ability of Ohio’s municipalities and chartered counties to experiment with alternative voting methods like ranked choice voting, even if they deem it beneficial for their local elections.
- Financial Pressure: The threat of losing LGF distributions, which are a significant source of revenue for local governments, creates substantial financial pressure against adopting RCV.
- Statewide Standardization: The bill aims to maintain a uniform voting system across the state, with limited exceptions based on existing constitutional provisions.
- Impact on Election Administration: If any localities have already considered or begun implementing RCV, this bill would necessitate a reversal of those efforts.
IV. Noteworthy Quotes:
- “Except as otherwise permitted under Article X or Article XVIII, Ohio Constitution, no election shall be conducted in this state using ranked choice voting or instant runoff voting.” (Section 3505.011(A))
- “…the county or municipal corporation is ineligible to receive any local government fund distributions from the state during the period beginning with the month following the adoption of the resolution or ordinance and ending with the month following the last day it is in effect.” (Section 3505.011(B) and 3513.141(B))
- “Beginning with the month following receipt of a notice from the secretary of state pursuant to division (B) of section 3505.011 or 3513.141 of the Revised Code, the tax commissioner shall do the following, as applicable…” (Section 5747.504(B), outlining the cessation or reduction of LGF payments)
V. Conclusion:
Ohio Senate Bill 63 represents a clear legislative effort to prevent the adoption and use of ranked choice voting in Ohio at the local level. By explicitly prohibiting RCV (with limited constitutional exceptions) and coupling its adoption with the significant financial penalty of losing Local Government Fund distributions, the bill aims to maintain the state’s current plurality voting system and discourage local experimentation with alternative electoral methods. The bill establishes a mechanism involving the Secretary of State and the Tax Commissioner to enforce these provisions.