# 2022 Ohio Issue 1

"none" is preferred when the title is already sufficiently detailed; see [[WP:SDNONE]]
Elections in Ohio :
Federal government
U.S. President
1804
1808
1812
1816
1820
1824
1828
1832
1836
1840
1844
1848
1852
1856
1860
1864
1868
1872
1876
1880
1884
1888
1892
1896
1900
1904
1908
1912
1916
1920
1924
1928
1932
1936
1940
1944
1948
1952
1956
1960
1964
1968
1972
1976
1980
1984
1988
1992
1996
2000
Dem
2004
Dem
2008
Dem
Rep
2012
Rep
2016
Dem
Rep
2020
Dem
2024
Rep
U.S. Senate
1803
1807
1808
1808 (sp)
1809 (sp)
1810 (sp)
1812
1813
1814 (sp)
1815
1819
1821
1822 (sp)
1824
1827
1828 (sp)
1830
1833
1836
1837
1838
1842
1844
1849
1851
1854
1856
1860
1861 (sp)
1863
1866
1868
1872
1874
1877 (sp)
1880
1881
1884
1886
1890
1892
1896
1897 (sp)
1898
1902
1904
1904 (sp)
1909
1911
1914
1916
1920
1922
1926
1928
1928 (sp)
1930 (sp)
1932
1934
1938
1940
1944
1946
1946 (sp)
1950
1952
1954 (sp)
1956
1958
1962
1964
1968
1970
1974
1976
1980
1982
1986
1988
1992
1994
1998
2000
2004
2006
2010
2012
2016
2018
2022
2024
2026 (sp)
2028
U.S. House of Representatives
1803
1804
1806
1808
1810
1812
1813
sp: 3
sp: 6
1814
1816
sp: 1
1818
1820
1821
sp: 4
1822
1824
1826
sp: 10
1827
sp: 8
1828
sp: 6
1830
sp: 11
1832
1834
sp: 1
sp: 19
1836
1837
sp: 17
1838
sp: 16
sp: 19
1840
sp: 4
1842
sp: 16
1843
1844
sp: 10
sp: 21
1846
1847
sp: 7
1848
1849
sp: 6
1850
1851
sp: 6
1852
1854
1856
1858
1859
sp: 14
1860
1861
sp: 7
sp: 13
1862
1864
1866
1867
sp: 2
1868
sp: 8
1870
sp: 10
1872
sp: 1
1874
1876
1878
1880
sp: 19
1882
1883
sp: 16
sp: 17
1884
1886
1888
1890
1892
sp: 16
1894
sp: 2
sp: 3
1896
1898
sp: 19
1899
sp: 16
1900
1902
1903
sp: 16
1904
sp: 19
1906
1908
1910
1912
1914
1916
1918
sp: 14
1920
1922
1924
1926
1927
sp: 2
1928
1930
1931
sp: 1
sp: 20
1932
1934
1936
sp: 11
sp: AL
1938
1940
sp: 17
sp: 22
1942
1944
1946
1947
sp: 4
1948
1950
1951
sp: 3
1952
1954
1956
1958
1960
sp: 6
1962
1964
1965
sp: 7
1966
1968
1970
sp: 19
1972
1974
sp: 1
1976
1978
1980
1981
sp: 4
1982
sp: 17
1984
1986
1988
1990
1992
1993
sp: 2
1994
1996
1998
2000
2002
2004
2005
sp: 2
2006
2
2007
sp: 5
2008
sp: 11
2010
2012
2014
2016
sp: 8
2018
sp: 12
2020
2021
sp: 11
sp: 15
2022
2024
sp: 6 :
State government
General elections
2010
2012
2014
2016
2018
2020
2022
2024
Gubernatorial elections
1803
1805
1807
1808
1810
1812
1814
1816
1818
1820
1822
1824
1826
1828
1830
1832
1834
1836
1838
1840
1842
1844
1846
1848
1850
1851
1853
1855
1857
1859
1861
1863
1865
1867
1869
1871
1873
1875
1877
1879
1881
1883
1885
1887
1889
1891
1893
1895
1897
1899
1901
1903
1905
1908
1910
1912
1914
1916
1918
1920
1922
1924
1926
1928
1930
1932
1934
1936
1938
1940
1942
1944
1946
1948
1950
1952
1954
1956
1958
1962
1966
1970
1974
1978
1982
1986
1990
1994
1998
2002
2006
2010
2014
2018
2022
2026
Complete list
Lieutenant Governor elections
Complete list
Secretary of State elections
2022
Complete list
Attorney General elections
2008 sp
2010
2014
2018
2022
Complete list
State Auditor elections
Complete list
State Treasurer elections
Complete list
State Supreme Court elections
Complete list
State House elections
2016
2018
2020
2022
2024
State Senate elections
2018
2020
2022
2024 :
Ballot measures
2004
Issue 1
2011
Issue 2
2018
Issue 1
2022
Issue 1
2023
August Issue 1
November Issue 1
Issue 2
2024
Issue 1 :
Akron
Mayoral elections
2023 :
Cincinnati
Mayoral elections
2001
2005
2009
2013
2017
2021
City Council elections
List of elections :
Cleveland
Mayoral elections
1901
1933
1935
1937
1939
1941
1943
1945
1947
1949
1951
1953
1955
1957
1959
1961
1962 (special)
1963
1965
1967
1969
1971
1973
1975
1977
1978 (recall)
1979
1981
1985
1989
1993
1997
2001
2005
2009
2013
2017
2021
City Council elections
2021 :
Columbus
Mayoral elections
1899
1901
1903
1905
1907
1909
1919
1911
1913
1915
1919
1923
1927
1931
1935
1939
1943
1947
1951
1955
1959
1963
1967
1971
1975
1979
1983
1987
1991
1995
1999
2003
2007
2011
2015
2019
2023
City Council elections
2023 :
Cuyahoga County
County executive elections
2010
2014
2018
2022
County Council elections
2010
2012
2014
2016
2018 :
Toledo
Mayoral elections
2013
2015 (special)
2017
2021 :
vte :
Issue 1, the Determining Bail Amount Based on Public Safety Amendment, was a successful ballot measure on the November 2022 general election ballot in Ohio. It added language to the Constitution of Ohio to require consideration of public safety in the setting of bail amounts, and transferred responsibility for establishing bail procedures from the Ohio Supreme Court to the Ohio Legislature.
The measure was conceived as a response to a January 2022 Ohio Supreme Court ruling that using excessive bail amounts to prevent pretrial release was unconstitutional. It also ruled that public safety could not be considered in setting amounts of bail, but left in place existing mechanisms to deny bail outright for public safety reasons, as well as non-financial mechanisms for protecting public safety.
Supporters of the measure said that it would make it easier to detain defendants for public safety reasons than then-current mechanisms allowed. Opponents called the measure unnecessary and ineffective, as its public safety provision largely duplicated existing state law, and noted the availability of other mechanisms to protect public safety. They also stated that it would disproportionately impact poorer defendants while allowing wealthier defendants to be freed.
Supporters also criticized the Ohio Supreme Court for overturning established practice, and desired giving the Ohio Legislature more flexibility to intervene in setting bail procedures. Opponents criticized the transfer of power from the courts to lawmakers.

## Legislative background

Bail is governed by Article I, Section 9 of the Constitution of Ohio, which states that bail is not granted "where the proof is evident or the presumption great" for a capital offense or "where the person poses a substantial risk of serious physical harm to any person or to the community." In the latter case, the Ohio Legislature fixes standards to determine who falls into that category.
Article I, Section 9 of the Ohio Constitution also gave the Supreme Court of Ohio responsibility to adopt procedures for establishing the amount and conditions of bail. It also states that "Excessive bail shall not be required." Under state law, Section 2937.23(A)(3) of the Ohio Revised Code requires that:
   In all cases, the bail shall be fixed with consideration of the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of the defendant appearing at the trial of the case.
Upon passage, Ohio Issue 1 removed Ohio Supreme Court's role in establishing bail procedures, and added the following sentence to Article I, Section 9 of the Ohio Constitution:
   When determining the amount of bail, the court shall consider public safety, including the seriousness of the offense, and a person's criminal record, the likelihood a person will return to court, and any other factor the general assembly may prescribe.

## History

The ballot was a response to a 4–3 Ohio Supreme Court ruling in DuBose v. McGuffey, decided on January 4, 2022, that a $1.5 million bail was unconstitutionally excessive for charges relating to a fatal shooting during a robbery, upholding a lower court ruling to reduce it to $500,000. The court stated that "public safety, although of the utmost importance, is not a factor relevant to the calculation of the bail amount," noting that it would have been permissible to deny bail outright, and that public safety could be addressed through non-financial mechanisms such as travel restrictions or restraining orders.
After the ruling, there was an apparent increase in the use of hearings to deny bail outright, rather than setting high bail amounts, in and around Hamilton County.
The ruling spurred efforts to overturn it by Ohio Attorney General Dave Yost (R) and Hamilton County Prosecuting Attorney Joe Deters (R). The ballot was a legislative referral introduced on March 28, 2022, by Representatives Jeff LaRe (R) and D. J. Swearingen (R). The Ohio House of Representatives passed it 63–33 on May 25, 2022, and the Ohio Senate passed it 25–7 on June 1, 2022.

## Campaign
### Support

Passage of the issue was supported by both major candidates in the 2022 Ohio gubernatorial election, incumbent Governor Mike DeWine (R) and former Dayton Mayor Nan Whaley (D). Of the 2022 Ohio Senate election candidates, J. D. Vance (R) supported passage, while Tim Ryan (D) was reported to be undecided. Ohio Attorney General Dave Yost supported passage, and said "the presumption of innocence in court does not equal, it is not the same as pretending that a career criminal poses no threat on the streets."
The three dissenting Ohio Supreme Court justices participated in a bus tour to campaign for its passage. Justice Patrick F. Fischer criticized the change to what he called a long-standing precedent that judges could consider public safety when setting bond, and Justice Pat DeWine stated that under the current system it was difficult for judges to deny bail for public safety reasons due to the standards of proof required. The Fraternal Order of Police of Ohio and the Ohio Prosecuting Attorneys Association supported passage; a spokesperson from the former stated that "it does give the General Assembly some flexibility to intercede if they are confronted with a large group of activist judges who are acting on their own and not in the spirit of the law and what the people of the state of Ohio want."

### Opposition

Arguments against passage included that state law already provided a mechanism to deny bail outright to dangerous defendants, given that the Ohio Supreme Court ruling only applied to the amount of cash bail when it is granted. Additionally, other non-financial mechanisms were available to promote public safety including home confinement and ankle monitoring. Legal experts have stated that state law continued to allow judges to consider public safety when setting bail. Other arguments include that individual determination is more effective than cash bail, that passage of the issue would undermine due process rights and the presumption of innocence, and that the transfer of power from the Ohio Supreme Court to lawmakers would be unwarranted.
Opposition to passage came from Democratic legislators and bail reform advocates, on the basis that cash bail disproportionately impacts poorer defendants and allows wealthier defendants to be freed. The Ohio American Civil Liberties Union opposed passage, calling it "unnecessary and deeply misguided." The Cleveland newspaper The Plain Dealer published an editorial opposing passage.

### Polling

Polling generally showed large margins in favor of passage.

## Results

Issue 1 :
| Choice | Votes | % |
| Yes | 3,107,629 | 77.50 |
| No | 901,997 | 22.50 |
| Valid votes | 4,009,626 | 95.44 |
| Invalid or blank votes | 191,742 | 4.56 |
| Total votes | 4,201,368 | 100.00 |
| Registered voters/turnout | 8,029,950 | 52.32 |
| Source: Ohio Secretary of State |||