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Michelle Goldberg

By Michelle Goldberg

Opinion Columnist

There’s an extraordinarily important referendum in Ohio next week that the anti-abortion movement hopes most citizens don’t notice. It’s a vote that demonstrates why reproductive rights and the preservation of democracy, two issues that have catalyzed recent Democratic victories, are intertwined. That’s almost certainly why it’s being held in the torpid month of August, a time when a great many people would rather think about almost anything other than politics.

Issue 1, which Ohio Republican legislators put on the ballot, would make future ballot measures to change the state Constitution harder to pass in two key ways. If it’s approved, citizens who hope to put amendments to the voters would first have to collect signatures in each of the state’s 88 counties, up from 44 now. And to pass, constitutional ballot initiatives would need to win 60 percent of the vote, rather than a simple majority.

The measure’s import may not be immediately clear to voters, but it’s meant to thwart a November ballot initiative that will decide whether reproductive rights should be constitutionally protected in Ohio, where a sweeping abortion ban is tied up in court. Publicly, Ohio’s Republican secretary of state, Frank LaRose, has denied that abortion is the motivation behind Issue 1. But at a private event in May, he told a group of supporters, “It’s 100 percent about keeping a radical pro-abortion amendment out of our Constitution.”

The outcome of next Tuesday’s vote will resonate nationally, because the strategies of both Ohio abortion-rights supporters and opponents are being replicated elsewhere. Throughout the country, reproductive-rights advocates, faced with legislatures that have insulated themselves from the popular will, are turning to referendums to restore some of what was lost when the Supreme Court overturned Roe v. Wade. And throughout the country, abortion opponents understand that to keep abortion illegal, they need to change the rules.

Most voters, as we’ve seen repeatedly, want abortion to be legal. Last August, a Kansas measure declaring that abortion isn’t protected by the state’s Constitution was defeated by an overwhelming 18 percentage points. In the midterms, there were abortion-related initiatives on the ballots in five states, including Kentucky and Montana, and the pro-choice side won all of them. Encouraged by these victories, activists are planning ballot measures to restore reproductive rights in states including Arizona, Florida, Missouri and, of course, Ohio.

Ohio has been trending right for years, but gerrymandering ensures that the State Legislature is far more extreme than the population. As The Statehouse News Bureau, a news organization devoted to Ohio politics, has reported, “Ohio’s voter preference over the past 10 years splits about 54 percent Republican and 46 percent Democratic.” Yet under Ohio’s highly gerrymandered maps, Republicans control 67 of 99 State House seats and 26 of 33 State Senate seats. The Ohio Supreme Court has repeatedly ruled these maps unconstitutional, but before the last election, federal judges appointed by Donald Trump ordered the state to use them.

“This August election is sort of a final vote that gives the people any chance to say, at some point we still exert power here,” said David Pepper, former head of the Ohio Democratic Party and author of “Laboratories of Autocracy,” a book about undemocratic right-wing statehouses.

Ohio, you might remember, is the state that forced a 10-year-old rape victim to flee to Indiana for an abortion. Its prohibition on abortion once fetal cardiac activity is detectable — usually at around six weeks of pregnancy — has no exceptions for rape or incest. The Republican governor, Mike DeWine, told The Statehouse News Bureau that even though he signed the law, he thinks it goes farther than voters want, and he urged lawmakers to amend it, though he didn’t specify how. But with Republicans in gerrymandered districts more worried about primary challenges from the right than about general election challenges from the center, they have little incentive to respond to public sentiment. Instead, some anti-abortion lawmakers want even stricter anti-abortion laws, and one, Representative Jean Schmidt, has said she’d consider a ban on birth control.

The November ballot initiative to make abortion a constitutional right is a chance for Ohio voters to circumvent their unrepresentative representatives. With this August initiative, the Republicans are working to head off the voters by essentially asking them to disenfranchise themselves. Because most people are unlikely to give up their rights quite so easily, Republicans scheduled the vote at a time when few are paying attention. Just last December, Ohio Republicans voted to effectively eliminate August special elections because of their expense and low turnout. But for this election, they reversed themselves.

It is not just Democrats who oppose Issue 1; the former Ohio governors John Kasich and Bob Taft, both of whom are Republicans, do as well. “This is a fundamental change in Ohio’s voting rights,” Taft said during a League of Women Voters forum in June, adding, “I just think it’s a major mistake to approve or disapprove such a change at the lowest-turnout election that we have.”

The task for opponents of Issue 1 isn’t to convince voters, but to alert them. “It’s just a math question: Can you reach enough people on a short timeline?” said Yasmin Radjy, executive director of the progressive group Swing Left, which is running a get out the vote drive in Ohio. Polling has been mixed: A July USA Today/Suffolk University poll found that 57 percent of voters oppose the measure, but one from Ohio Northern University shows a tossup, with a little more than 42 percent supporting Issue 1, 41 percent opposing it, and the rest neutral or undecided. (Interestingly, the Ohio Northern poll also shows that almost 54 percent of voters support a constitutional amendment to protect reproductive rights, suggesting that some voters aren’t connecting Issue 1 to abortion.) As The Columbus Dispatch points out, there hasn’t been an August vote on a ballot initiative in Ohio in almost a century, making the outcome unpredictable.

Issue 1’s backers are doing their best to confuse Ohioans with ads suggesting, bizarrely, that the initiative is about defending parents’ rights against those who, as one spot said, “put trans ideology in classrooms and encourage sex changes for kids.” This is such dishonest agitprop that it’s challenging to even parse the logic behind it, but essentially, Issue 1 proponents are pretending that language in the November referendum saying that “individuals” have the right to make their own “reproductive decisions” implies that children have the right to transition without parental consent.

If the right prevails on Issue 1 — and probably even if it doesn’t — you can expect to see the blueprint repeated in other places. Already, Republicans in states including Florida, Missouri and North Dakota, recognizing the danger that direct democracy poses to their own abortion bans, are trying to make the ballot initiative process much more onerous.

In May, Dean Plocher, the Republican speaker of the Missouri House, angry that a bill creating new obstacles to citizen-led ballot initiatives had stalled in the State Senate, warned that, in the law’s absence, there would be a referendum to “allow choice,” which would “absolutely” pass. If that were to happen, he said, the Senate “should be held accountable for allowing abortion to return to Missouri.” It’s not clear whom exactly he thought the Senate should be accountable to. He certainly didn’t mean the voters.

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Michelle Goldberg has been an Opinion columnist since 2017. She is the author of several books about politics, religion and women’s rights, and was part of a team that won a Pulitzer Prize for public service in 2018 for reporting on workplace sexual harassment. @michelleinbklyn

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