Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

Issue 2’s Anti-Monopoly Language Assures Some, Troubles Others

Issue 2 - also known as the "anti-monopoly" amendment - will be decided by Ohio voters next week.  If the measure passes, it might be the beginning of a long legal battle. 

Brian Bull of member station WCPN in Cleveland reports.

To understand the motivation behind Issue 2, we have to jump ahead...to State Issue 3. This Constitutional Amendment would legalize marijuana and give growing rights at 10 sites around the state exclusively to investors who are paying for the legalization campaign.  That’s a monopoly according to the Secretary of State, who determines the wording that appears on the ballot.  And Issue 2 – the “anti-monopoly” amendment is meant to stop Issue 3. 

RSmith01: “Issue 2 is really an opportunity to raise the bar for an economic monopoly to be enshrined in the constitution.” (:07)

Republican State Representative Ryan Smith co-sponsored the proposal.  He says it’s to protect citizens from people who try to manipulate the state’s constitution for financial gain. The measure would prevent the marijuana initiative from taking effect if enacted.  It also sets up a two-step hurdle for any proposed constitutional amendment in the future that could create a monopoly.  Smith says it would require Ohio voters to approve two ballot questions.

RSmith04: “So they would have to vote to, ah… “yes” I’m okay with a monopoly going into the Ohio Constitution, economic monopoly.  Two, would be “yes” on the issue itself. So you have to get two “yes”es in order to get it passed, which certainly raises the bar.” (:14)

But opponents of Issue 2 worry it raises the bar too high.  Both the ACLU and the liberal-leaning group Common Cause say it could make citizen-initiated ballot measures much more difficult to pass. ACLU Ohio’s Executive Director Christine Link…

Clink01:” It makes it a 2-step review process which is very costly. Which ironically means it will cost even more money for anyone to get onto the ballot. It’s ironic that Issue 2 has been developed by politicians who had no problem putting casinos into the Constitution. Suddenly on this issue they’re concerned about monopolies.” (:25)

Ian James isn’t a fan either.  He’s the founder of ResponsibleOhio – the group that put the marijuana initiative on the ballot.  He disagrees that Issue 3 creates a monopoly and points out that after 4 years, the measure allows an additional growing site if the first 10 can’t meet consumer demand.  ResponsibleOhio has already sunk $15 million into campaigning for legalization.

IJames03: “We actually figure we’re going to spend about 23 and a half to 25 million dollars before it’s all done.  Issue 2 is on a slow glider path down to defeat.” (:04)

Not according to Ryan Claasen (CLAW-sen).  He’s a Kent State political science professor who surveyed public opinion on Issues 2 and 3 earlier this month.

RClaasen01: “And we found that majorities plan to vote for both issues, among registered voters at that time.” (:07)

More specifically, 54 percent planned to support Issue 2, and 56 percent planned to vote for Issue 3. 

So if both issues win with voters, which one takes effect?  Claasen says according to the Ohio Constitution it depends on how a constitutional amendment got on the ballot in the first place.

RClaasen02: “In terms of Issue 2 and 3, Issue 2 would become law first. Because if a legislature puts something on the ballot it becomes law immediately when it’s passed. If citizens put something on a ballot, it becomes law about 30 days after it’s passed.” (:15)

Meanwhile, constitutional law expert Professor Daniel Tokaji (toe-KAH-gee) of the Ohio State University says it doesn’t matter whether the measure comes from the legislature or the people. According to the Ohio Constitution, the measure that wins the most votes takes precedence.

DTokaji01:  “And if it was otherwise, if the legislature always held the trump card, well that would effectively give the legislature the opportunity to trump direct democracy!”

So that’s two answers from the same Ohio Constitution.  There’s debate aplenty, but James, Smith, Claasen, and Tokaji all agree as to the likeliest outcome.

IJames02: “There will be a lawsuit if both issues were to pass, I think that’s inevitable.” (:03)

Rsmith02: “We’ll have a long, drawn-out court battle over this scenario.  I know that for certain.” (:04)

RClaasen03: “If they both pass, there’s going to be a lot of litigation. The Constitution is unclear on exactly which of these provisions should rule the day.” (:09)

DTokaji02: “The matter will undoubtedly get resolved in state courts and ultimately by the Ohio Supreme Court.” (:06)

The Statehouse News Bureau was founded in 1980 to provide educational, comprehensive coverage of legislation, elections, issues and other activities surrounding the Statehouse to Ohio's public radio and television stations. To this day, the Bureau remains the only broadcast outlet dedicated to in-depth coverage of state government news and topics of statewide interest. The Bureau is funded througheTech Ohio, and is managed by ideastream. The reporters at the Bureau follow the concerns of the citizens and voters of Ohio, as well as the actions of the Governor, the Ohio General Assembly, the Ohio Supreme Court, and other elected officials. We strive to cover statehouse news, government issues, Ohio politics, and concerns of business, culture and the arts with balance and fairness, and work to present diverse voices and points of view from the Statehouse and throughout Ohio. The three award-winning journalists at the bureau have more than 60 combined years of radio and television experience. They can be heard on National Public Radio and are regular contributors to Morning Edition, All Things Considered and Marketplace. Every weekday, the Statehouse News Bureau produces in-depth news reports forOhio's public radio stations. Those stories are also available on this website, either on the front page or in our archives. Weekly, the Statehouse News Bureau produces a television show from our studios in the Statehouse. The State of Ohio is an unique blend of news, interviews, talk and analysis, and is broadcast on Ohio's public television stations. The Statehouse News Bureau also produces special programming throughout the year, including the Governor's annual State of the State address to the Ohio General Assembly and a five-part year-end review.
Related Content