On March 1, 2022, the Ohio Attorney General issued a formal opinion to Ohio House Speaker Bob Cupp explaining that, under Article XI Section 1(B)(1) of the Ohio Constitution, the Ohio Redistricting Commission may adopt a new congressional voting map by a simple majority vote.
The Attorney General further explained that Article XIX Section 3(B)(2) also provides that if the Ohio Supreme Court strikes down a map approved by the General Assembly as unconstitutional — which is the case here — the Redistricting Commission’s revised map will be effective for the time the invalidated map would have been effective for — in this case, four (4) years. Under Article XIX Section 1(C), for a congressional voting map to be effective for ten (10) years, the map must receive support from both at least 3/5 of the members of both houses of the General Assembly and at least 1/3 of the members of the two largest political parties. Here, the invalidated map would only have been effective for four (4) years because no Democrats voted for the map already approved by the Ohio General Assembly.
To read this opinion, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.