The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1849-09-22
Voting for or against a Convention
to amend the Constitution, &c.

nal, has asked the edltOrS OF tnat Sneet GER
tain questions in relation to the manner OF
voting for or against the convention to call
a new constitution As the Journal editors
seem unwilling to answer those questions,
we give them below with the information
asked for:
"1st, Is each elector bound to vote for
or against convention on the same slip
of paper or ticket containing the names OF
candidates for representatives!
SGD, If yea, can the judges ofthe cleo
ton reject, in their final count, vote cast
for convention, provided it appears. from
the ticket of the elector so voting, that he
did not vote for Representatives." 81
The joint resolution passed at the last
session of the Legislature, allowing the
electors to vote for or against convention,
is these words: aa. naa laa
Resolred by the General Assembly Of
the State of Ohio, (two-thirds of the mem-
be.s of each House of the General AS
sembly concurring therein, That it is ne
cessary to amend the Constitution Of the
State of Ohio, and we do hereby recon-
mend to the electors, at the next election
for members of the General Assembly, to
vote for or against a convention, agreeably
to the provisions of the fifth section of the
seventh article of the Constitution; and the
Judges of elections held within each and
every township of this State, shall receive
and transmit with the return of votes given
for members of the General Assembly, to
the Clerk of the Court of Common Pleas
within their respective counties, a state
ment of all the votes given within their re-
spective townships, for and against a Con-
vention And the Clerks Of the Courts OF
Common Pleas in the several counties
within this State, are directed to include
in the general abstract Of votes given with
in their respective counties for members OF
the General Assembly, statement Of the
number ofvotes given within their respec-
tive counties for and against Convention
to amend the Constitution of this State,
and returned to their respective officers.
and forward the same to the office of the
Secretary of State previousl ly to the next
session of the General Assembly.
The 5th Section of Article 7, of the
Constitution of the State, named in the
above, reads as follows: -I., -.. Dill. ...
"SEc. 5. That after the year one thous-
and eight hundred and six, whenever two
thirds of the general assembly shall think
it necessary to amend or change this con-
stitution, they shall recommend to the elec-
tors, at the next election for members to
the general assembly, to vote for or against
a convention; and if it shall oppear that
majority OF the citizens Of the State, voting
for representatives, have voted for con-
vention, the general assembly shall, at
their next session, call a convention, to
consist of as many members as there be
in the general assembly; to be chosen in
the same manner, at the same place, and
by the same electors that choose the gen.
eral assembly; who shall meet within three
months after the said election, for the pur-
pose of revising, amending or changing
the constitution. But no alteration Of this
constitution shall ever take place so as to
introduce slavery or involuntary servitude
into this State.'' ... ..- ... ....-.
The resolution of last winter is almost
identical in language with that passed in
Dec; 1918, and under which the people
of Ohio at the annual election in 1919.
decided against any alteration of the State
Constitution at that time. The mode OF
voting then, was the same that should be-
and we doubt not will be pursued now, and
it was this: ...r....
On each ticket was written or printed
the words "For convention" or "agains
convention" either at the head or the
bottom of the ticket An elector was nc
more bound to vote for a convention OF
against a convention, than he was bound
to vote for county commissioner, auditor
or any other officer. The failure so tc
vote did not vitiate the vote for represen
tative, as the elector had the right to vote
on the convention question without voting
for a representative, and uice uerSa, anc
to have his vote counted the same as if hi:
ticket was full, and the judges in 1919, hac
not, neither will they haze noac, any RICH
to reject ''a vote cast for convention
provided it appears from the ticket of tn
elector so voting, that he did not vote fo
Representative.
Sd, Ifthe judges cannot thus reject, il
their count, any vote cast for conven
ton, for the reason stated, and CREATE
number of votes should be given in thu
State, on the question of calling conven
ton, than are cast for Representatives, ant
a majority of the whole number of votes
given on that question are against con
vention, but majority Of the whole mum
ber cast for Representatives in faror Off
will the General Assembly be compelle'
to call the convention?
Certainly not! Ifa majority ofthe Who'll
, number ofvotes given, are against the call
ing of convention, the question will b
decided as lost, and the Legislature wi
not pass any law on the subject. Th
clear meaning of the words "a majority {
the citizens Of the state voting for Repre-
f sentatives,"' is to prevent the calling Of
convention without an expression of opir