2018 Ohio legislative session

2018 legislative sessions coverage
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Ohio General Assembly
General information
Type:	State legislature
Term limits:	2 terms (8 years) in Senate, 4 terms (8 years) in House
Session start:	January 2, 2018
Session end:	December 31, 2018
Website:	Official Legislature Page
Leadership
Senate President:	Larry Obhof (R)
House Speaker:	Ryan Smith (R)
Majority Leader:	Senate: Randy Gardner (R) House: Bill Seitz (R)
Minority Leader:	Senate: Kenny Yuko (D) House: Fred Strahorn (D)
Structure
Members:	33 (Senate), 99 (House)
Length of term:	4 years (Senate), 2 years (House)
Authority:	Art II, Ohio Constitution
Salary:	$60,584/year
Elections
Redistricting:	Ohio Redistricting Commission has control

During 2018, Ballotpedia tracked notable stories from the Ohio General Assembly. The timeline on this page shows the major events that we tracked during 2018, including events in the regular session and in any special sessions that occurred after the regular session adjourned.

If you know of any additional events that should be added to this page, please email us at [email protected].

Overview

In 2018, the Ohio General Assembly was in session from January 2, 2018, through December 31, 2018. Ohio has full-time legislators who may meet throughout the year after adjourning their regularly scheduled sessions.

Article II of the Ohio Constitution establishes when the General Assembly is to meet. Section 8 of Article II states that the regular session is to convene on the first Monday in January of each year, or the following day if that Monday is a legal holiday.

Partisan control

Ohio was one of 26 Republican state government trifectas in 2018. A state government trifecta occurs when one political party holds the governor's office, a majority in the state Senate, and a majority in the state House. For more information about state government trifectas, click here.

The following tables show the partisan breakdown of the Ohio General Assembly in the 2018 legislative session.

Senate

Party		As of December 2018
	Democratic Party	9
	Republican Party	23
	Vacancies	1
Total		33

House

Party		As of December 2018
	Democratic Party	31
	Republican Party	66
	Vacancies	2
Total		99

Leadership in 2018

Senate

• Senate president: Larry Obhof (R)
• Majority leader: Randy Gardner (R)
• Minority leader: Kenny Yuko (D)

House

• Speaker of the House: Ryan Smith (R)
• Majority leader: Bill Seitz (R)
• Minority leader: Fred Strahorn (D)

Regular session

Status of legislation

Status of legislation
Legislation	Subject area	Actions	Status
SJR 5	Establish process for Congressional redistricting	Passed General Assembly	Approved by voters on May 8, 2018
HB 228	Regards self-defense and handling firearms	Passed House Passed Senate Governor vetoed	Veto overridden
HB 258	Prohibit most abortions if fetal heartbeat is detected	Passed House Passed Senate	Governor vetoed

February 5-6, 2018

Constitutional amendment on redistricting approved
On February 5, 2018, the Ohio State Senate adopted Senate Joint Resolution 5, a bill advancing a constitutional amendment establishing new procedures for the redistricting of the state's congressional district boundaries. The Senate voted 31-0 to adopt the resolution. The Ohio House of Representatives followed suit on February 6, 2018, approving the proposed amendment by a vote of 83-10. The amendment went before voters for approval on May 8, 2018.

Update: The constitutional amendment was approved by voters on May 8, 2018. Click here for more information.

November 14, 2018

House approves bill allowing use of force when facing a threat
The state House approved House Bill 228 on a 65-32 vote along party lines.

Among its provisions, HB 228 proposed:

• shifting the burden of proof from the accused to the accuser in cases of use of force for self-defense. State law at the time placed the burden of proof on the person charged with an offense involving the use of force.
• expanding the state's castle doctrine or stand your ground law, in which the use of defensive force, including deadly force, is reasonable when an individual believes they are in danger, whether real or imagined.
• reducing penalties for certain concealed handgun offenses and offenses of carrying a handgun in a vehicle.
• removing the requirement that a concealed handgun carrier have a valid form of identification and a valid concealed handgun license.
• preempting localities from enacting legislation that "constrains the right to bear arms."

One of the bill's sponsors, Rep. Terry Johnson (R-District 90) said the legislation would help "restore your second amendment rights to the greatest extent possible." He also said the bill "is not going to grant any new place to carry a firearm nor is this bill designed to allow vigilantes to walk the streets and dispense their own justice."

The Ohio Association of Chiefs of Police opposed the bill: "It allows the killing of an individual in certain situations where the death could have been avoided and thus makes a criminal homicide a justifiable homicide."

Gov. Kasich said he would veto the bill should it reach his desk.

Update: The Senate amended the bill December 6. Gov. Kasich vetoed it on December 19. The legislature overturned the veto on December 27.

November 15, 2018

State House approves bill to prohibit most abortions if a heartbeat is detected
The state House voted 60-35 along party lines for House Bill 258. HB 258 proposed prohibiting abortion if a fetal heartbeat was detected, except to prevent the death of or serious harm to the mother.

Rep. Candice Keller (R), one of the bill sponsors, said the legislation could save lives. She also said, "There’s not a word about [abortion] in the Constitution." Rep. Nickie Antonio (D) opposed the bill, saying it did not consider pregnancies resulting from rape or incest.

Gov. Kasich vetoed a similar bill in 2016 on the grounds that it would not hold up in court. Similar bills in Arkansas, North Dakota, and Iowa were struck down.

Update: The Senate approved HB 258 on December 12. Gov. Kasich vetoed the bill on December 21.

December 6, 2018

Senate amends bill related to use of force when facing a threat
The state Senate voted 19-10 to pass an amended version of House Bill 228, which originally passed the state House November 14. The Senate version removed a provision that would have expanded the state's castle doctrine or stand your ground law, in which the use of defensive force, including deadly force, is reasonable when an individual believes they are in danger, whether real or imagined. The Senate version proposed requiring individuals to retreat from a dangerous situation before opting to use force.

The House also agreed to the Senate amendments on December 6.

Update: Gov. Kasich vetoed the bill on December 19. The legislature overturned the veto on December 27.

December 12, 2018

Senate approves bill banning abortion if heartbeat detected
The state Senate approved HB 258, 18-13. HB 258 proposed prohibiting abortion if a fetal heartbeat was detected, except to prevent the death of or serious harm to the mother. The Senate amended the legislation, removing a House-approved provision that would have required transvaginal ultrasounds and adding a provision to suspend or revoke doctors' licenses if doctors were accused of performing an abortion after a heartbeat was detected.

The House approved the Senate's amendments on December 13. The House approved HB 258 in its original form by a vote of 60-35 along party lines on November 15.

Gov. Kasich said he would veto the bill, should it reach his desk. He vetoed similar legislation in 2016.

Update: Kasich vetoed the bill on December 21.

December 19, 2018

Governor vetoes bill related to use of force when facing a threat
Gov. Kasich vetoed House Bill 228. In his veto message, Kasich said there was merit in some of the bill's provisions but others "will benefit from additional consideration." Kasich provided examples of two provisions he found needed further consideration: a provision to reverse the burden of proof in criminal cases with a defendant saying they acted out of self-defense and a provision to restrict local governments from instituting firearm-related policies.

Senate President Larry Obhof (R) said he expected the legislature to override the veto. "Our burden of proof is wrong and 49 out of 50 states recognize that it’s wrong and you’re innocent until proven guilty. Ohio law, by whatever mistake of history, needs to be changed," he said.

Update: The legislature overturned the veto on December 27.

Noteworthy events

Sexual misconduct in the state capitol

• On January 2, 2018, House Speaker Cliff Rosenberger (R) informed House members and staff that they must attend mandatory sexual harassment training.

• In March 2018, Jocelyn Smith (R), a primary challenger of state Rep. Rick Perales (R), accused him of assaulting and forcibly kissing her in January 2015. Perales denied the allegations, but he said he had engaged in what he called an "inappropriate" relationship with Smith through phone calls and text messages.

Their interactions were related to a pancreatic cancer specialty license plate bill that Smith was lobbying for. She said, “Bottom line, I did not have sex with him and if I would of had sex with him I believe he would of helped me with my license plate.”

In response, Perales said, “She’s a liar. I hope this person gets help. She’s not afraid of changing her story, of one lie to another.”

Legislatively referred constitutional amendments

In every state but Delaware, voter approval is required to enact a constitutional amendment. In each state, the legislature has a process for referring constitutional amendments before voters. In 18 states, initiated constitutional amendments can be put on the ballot through a signature petition drive. There are also many other types of statewide measures.

The methods in which the Ohio Constitution can be amended:

See also: Section 1a, Article II and Article XVI of the Ohio Constitution and Laws governing ballot measures in Ohio

The Ohio Constitution provides three mechanisms for amending the state's constitution—a citizen-initiated process, a legislative process, and a state constitutional convention. Ohio requires a simple majority vote (50% plus 1) for voters to approve constitutional amendments.

Initiative

See also: Initiated constitutional amendment

According to Section 1a of Article II, citizens have the power to initiate constitutional amendments in Ohio. An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.

In Ohio, the number of signatures required for an initiated constitutional amendment is equal to 10% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval.

Ohio also requires initiative sponsors to submit 1,000 signatures with the initial petition application. Ohio has a signature distribution requirement, which requires that signatures be gathered from at least 44 of Ohio's 88 counties. Petitioners must gather signatures equal to a minimum of half the total required percentage of the gubernatorial vote in each of the 44 counties. Petitions are allowed to circulate for an indefinite period of time. Signatures are due 125 days prior to the general election that proponents want the initiative on.

Legislature

See also: Legislatively referred constitutional amendment

According to Article XVI, the state Legislature can refer constitutional amendments to the ballot for voters to decide. A 60% vote is required during one legislative session for the Ohio State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 60 votes in the Ohio House of Representatives and 20 votes in the Ohio State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Convention

See also: Convention-referred constitutional amendment

According to Section 3 of Article XVI of the Ohio Constitution, a question about whether to hold a state constitutional convention is to automatically appear on the state's ballot every 20 years starting in 1932. Ohio is one of 14 states that provides for an automatic constitutional convention question.

The table below shows the last and next automatic constitutional convention question election years:

State	Interval	Last question on the ballot	Next question on the ballot
Ohio	20 years	2012	2032

2019 measures:

See also: Ohio 2019 ballot measures

Certified:

The following measures were certified for the ballot.

No measures to list

2018 measures:

Below is a list of measures that were referred to the 2018 ballot by the legislature.

See also: Ohio 2018 ballot measures

Certified:

The following measures were certified for the ballot.

No measures to list

See also

Elections	Ohio State Government	State Legislatures	State Politics
Ohio State Senate elections, 2018 Ohio State Senate elections, 2016	Ohio General Assembly Ohio House of Representatives Governor of Ohio Ohio Supreme Court	State legislative elections, 2018 State legislative elections, 2017 State legislative special elections, 2017 State legislative elections, 2016	State government trifectas State government triplexes State executives State courts Ballot measures

External links

• Official Ohio General Assembly Website