May 27, 2021

Click below for Power Point Slides from the May 27, 2021 Legislative Update session.

UUJO Legislative Update 5.21

And you can see a video of the session here:

February 17, 2021

  • Legislative Update PowerPoint  …..
  • Material is drawn from different stories in the Ohio Capital Journal and other online sources. And some of the Bill reviews are by Larry Bresler, Organize! Ohio.
After a snowstorm cancelled all legislative hearings scheduled for Tuesday, Feb. 16,  lawmakers were busy on Wednesday with a full day of hearings, focusing on issues including the state transportation budget, HB 6 repeal (HB 18 – Wednesday Feb 17) and reversing  Gov. DeWine’s pandemic-related ability to issue health orders.

After hearings last week, the legislature will NOT hold hearings the week of Feb 15 on bills to overhaul funding of Ohio’s public schools (HB1), requiring masks (HB56), and allow virtual testimony (HB55) at the statehouse.

New Legislation   —

The following bills were introduced after Feb 10 and before Feb 15.   You can keep an eye on all the bills  here
After a snowstorm cancelled all legislative hearings scheduled for Tuesday, Feb. 16,  lawmakers were busy on Wednesday with a full day of hearings, focusing on issues including the state transportation budget, HB 6 repeal (HB 18 – Wednesday Feb 17) and reversing  Gov. DeWine’s pandemic-related ability to issue health orders.

After hearings last week, the legislature will NOT hold hearings the week of Feb 15 on bills to overhaul funding of Ohio’s public schools (HB1), requiring masks (HB56), and allow virtual testimony (HB55) at the statehouse.

Ohio Senate Bill 16

Regards civil action by, and crimes again, first responders

The Ohio Senate Bill 16, the new anti-protest bill is a long bill with a particular focus on penalties for people who interfere with emergence service responders (police, firefighters,  EMT persons). For instance, it creates new penalties for assaulting an emergency service responder or tampering with their equipment and creates civil liability for injuring or filing a false complaint against emergency service responders. The bill would also create a new first-degree misdemeanor for knowingly “intimidating” another person in a “place of accommodation” such as a restaurant in the course of a “riot.”

However, there are two particularly problematic parts of the bill that are aimed at stopping protests

Making it a felony for protests that block roads and sidewalks

The bill would create new penalties for protests that took place on or spilled onto streets, sidewalks, or any other “public passage” (see Sec. 2917.14). The bill provides that it is a first-degree misdemeanor, punishable by up to six months year in jail and a $1,000 fine, to “impede” or render any public passage “impassable without unreasonable inconvenience” after being asked by an authority to stop.

If the offense occurs as part of a “riot,” it is a fifth-degree felony, punishable by one year in prison and a $2,500 fine. A riot in Ohio is four or more people engaging in disorderly conduct which includes preventing the movement of persons on a public street. Therefore, under this bill any group of four or more persons blocking a street or other public place could be charged with a felony if they are asked to leave but do not.

  • Example 1:  If as an act of civil disobedience, a group of four or more people block a street, sidewalk, or entrance into a city hall or a school, and do not leave if the police, a principal or the head of security ask them to leave, they could be charged with a felony and receive a year in prison plus $2,500 fine.
  • Example 2:  If a group of four or more people engage in a sit-in in public areas of City Hall, the Statehouse or a university, they could be charged with a fifth-degree felony and receive a year in prison plus $2,500 fine.

Making it a felony for organizations who organize or support protests

Under the new proposed Section 2923.31, if a person, group or organization helps to fund, organize, or actively assist in what is deemed a riot they could be charged as a “corrupt activity,” a fifth- degree felony punishable up to eight years in prison and a $15,00 fine. The person, group, or organization could also be liable for property or other civil damages including those that result in the costs of law enforcement involved in investigating and prosecuting the offense. Under the broad definition of a “riot” in Ohio, a riot could include four of more engaging in a large number of protest activities or other activities that could be offensive to others,

  • Example 1:  The Ohio Poor People’s Campaign organizes a sit-in at the Ohio Statehouse.  Leaders or helps to organize and support the sit-in.  Its leaders could be charged with a second-degree penalty plus the Ohio PPC could be subject to a $15,00 fine plus costs incurred by the Capitol police to make the arrest.
  • Example 2:  Cleveland Black Lives Matter organizes a peaceful demonstration against police brutality.  The demonstration devolves as several people break off and cause substantial property damage.  The Black Lives Matters could be charged with a second-degree felony as a “corrupt activity” as their reckless activities should be foreseen.  They could also be responsible for compensating for the property damage.
  • Example 3:  SEIU organizes a large demonstration against an employer when bargaining breaks down on a union contract. Five of the protesters yell consistent profanities at management personnel who are in the vicinity. SEIU local leadership could be liable as a second -degree felony because the abusive language of some of the protesters is considered a riot under the Ohio Revised Code.
  • Example 4:  The Neemor Fund provides a grant to the Ohio Organizing Collaborative to help subsidize for its organizing work, particularly that of the Jail Coalition. The Jail Coalition engages in civil disobedience blocking the entrance to the courthouse.  Under the provisions of this bill the funders could be charged with a second-degree felony as they are providing material support for the organizing activity.

Ohio Senate Bill 41

CHARGING PROTESTERS FOR THE COST OF PROPERTY DAMAGE AND THE COST OF LAW ENFORCEMENT TO RESPOND TO A PROTEST

Would require anyone convicted of “riot” or “aggravated riot” to pay restitution for any property damage in addition to other penalties imposed. Additionally, the bill would allow law enforcement and other public agencies to seek reimbursement from a protester for all costs the agency incurred in responding to a “potential serious threat to public safety”—defined to include a “validated report” report that two or more people are committing vandalism, “criminal mischief,” or “aggravated riot.”

The agency could seek court-ordered reimbursement from anyone convicted of committing any misdemeanor or felony offense “in connection with” a “potential serious threat to public safety.”

In other words, the bill would allow a police department to seek compensation from a protester who was convicted of a simple misdemeanor, for the time spent by officers in responding to a report of “aggravated riot,” even if no “aggravated riot” occurred.

The bill would also create a new felony offense for vandalism on government property. Under the bill, intentionally “defacing, painting” or otherwise “marking upon” property owned, leased, or controlled by the government, even if only in a temporary manner, is a fifth degree felony, punishable by up to one year in prison and a $2,500 fine.  (temporary – sidewalk chalk?)

Finally, the bill makes planning or “aiding in planning” vandalism of government property a new conspiracy offense—a first degree misdemeanor punishable by six months in jail and $1,000 in fines. (See full text of bill here)

Introduced 2 Feb 2021.

January 20, 2021

  • See a video recording of the Jan 20 webinar CLICK HERE

Material is drawn from different stories in the Ohio Capital Journal and other online sources

New Ohio Legislative Session Priorities  

When the Ohio General Assembly adjourned in 2020, members left behind several high-profile bills that never made it to the governor’s desk – such as a school funding overhaul and a sweeping domestic violence bill that would require police to screen victims for their risk of murder and help connect them to job training and other resources.

Lawmakers will arrive in Columbus in 2021 with pressure to pass a two-year state budget, and will likely continue to wrestle with Gov. Mike DeWine on whether to limit his authority to create public health orders.

What to do with House Bill 6?

After months of deliberation about House Bill 6, lawmakers decided to punt any repeal or replacement effort to 2021.

HB 6 is the $1.3 billion nuclear bailout bill at the center of what has been called the largest corruption scheme in state history.

As a result, one thing is clear:  Ohio lawmakers needed to do something about the tainted bill.

DeWine, who signed the bill into law in 2019, called for its repeal. Householder was removed as House Speaker. His replacement, Rep. Robert Cupp, R-Lima, said one of the first priorities of his speakership would be addressing HB 6.

Cupp did create a new “House Select Committee on Energy Policy and Oversight,” which met nine times between September and December to hear testimony on various attempts to repeal HB 6.

Members could not come to an agreement on how to best approach HB 6; some wanted a full repeal, others wanted only certain portions replaced and a few defended the whole bill as being good public policy, even if it did come about through sordid means.

“Well, I had certainly talked to people who were against it, I talked to people who were for it,” DeWine said. “I looked at everything. Over half of the states have a similar law such as this.”

Two of those involved have already pleaded guilty in federal court; the cases against Householder and two others are ongoing.

Householder was reelected to another term and it remains to be seen if the chamber will take a vote in 2021 to expel him. When Cupp was elected as speaker in July, he indicated such a vote would wait until after the new term starts.

School spending reform will take more time

The Ohio Supreme Court ruled the state’s school funding model was unconstitutional back in 1997. Decades later, lawmakers are still working to figure out a constitutional and equitable substitute.

A bipartisan funding overhaul passed the House in early December, but did not make it through the Senate.

It’s hoped that the Senate will pass the new formula as a piece of the next state budget, which will be decided in the first half of 2021.

Republicans still concerned about pandemic authority

For all the condemnation leveled against Ohio’s pandemic response by Republican lawmakers in 2020, the legislature achieved little this year in the way of curbing the government’s executive powers.

Between May and December, Republicans introduced numerous bills targeting the pandemic authority of the governor and the Ohio Department of Health (ODH). Only a few of them passed, and DeWine followed through on a pledge to veto any bill restricting ODH’s ability to issue health orders meant to stem the spread of COVID-19.

DeWine vetoed a bill over the summer which would have reduced the penalties for violating a public health order. Lawmakers did not seek a veto override.

More recently, DeWine vetoed a bill to prevent ODH from issuing widespread quarantine orders (it also would’ve given lawmakers authority to vote down any public health orders). Despite protests and pressure from conservative lawmakers to override the veto, such a vote was not taken during the lame-duck session.

Late in the term, lawmakers debated efforts to make future health orders more fair to business owners, should they be necessary. At other points this year, legislators said they wanted to address the state’s pandemic authority for future crises beyond the coronavirus. Those efforts may come up again in 2021.

Campaign finance and election reform

These were two hotly-debated topics this year in large part because of the presidential election cycle and the House Bill 6 scandal.

Lawmakers proposed a wide array of improvements to the state’s election system over the past term — from automated voter registration to online absentee ballot requests. Some legislators expressed worry about approving reforms during an election year, but there may be an  opportunity for reforms to be heard during an “off year” like 2021.

The HB6 scandal involved allegations of bribery money being funneled through “dark money” groups in order to influence Ohio elections and public policy. These groups are registered nonprofits which are not required to disclose who funds them.

Ohio Secretary of State Frank LaRose, whose office oversees campaign finance in the state, came out in favor of improved transparency when it comes to “dark money groups.” He supported legislative efforts which followed Householder’s arrests to require such groups to publicly disclose their financial activity.

A bipartisan bill proposing reforms to the state’s campaign finance system did not receive a hearing in 2020, but these efforts may carry over to the new term.

Split opinions on criminal justice reform

There was much attention paid to the legislature’s work to reform the Ohio criminal justice system, with plenty of disagreements leading to mixed results.

Lawmakers passed Senate Bill 1, which expands access to drug treatment programs in lieu of convictions and broadens the description for criminal records that may be sealed.

A separate bill to reclassify low-level drug offenses from felonies to misdemeanors passed the Senate last June, but was not taken up for a vote during the House’s lame-duck session. The bill sought to divert drug offenders into treatment rather than criminal punishment.

Despite bipartisan support in the Statehouse and among civil rights groups, the bill remained controversial among law enforcement groups and prosecutors. The Ohio State Bar Association came out against the bill, arguing in testimony that some drug offenders “must have serious consequences hanging over their heads like the threat of a felony and prison time” in order to commit to a treatment program.

Rep. Bill Seitz, R-Green Twp., will serve as Majority Floor Leader next term, told The Cincinnati Enquirer that work will continue in 2021 on criminal justice reform.

Gov. Mike DeWine

The early months of the new year will be difficult, DeWine says, and his administration’s focus will be to stabilize Ohio’s coronavirus case numbers, as well as deploying the COVID-19 vaccine throughout the state.

Beyond that, he said his administration’s priorities include:

The governor said gun reform will top his agenda, along with a plan for police reform that includes more training and getting rid of police who he said are not good people.

And, of course, economic and coronavirus recovery are part of his agenda as well.

Pushing the state legislature to take up police reform. The governor is supporting House Bill 703, which hasn’t gotten a committee hearing after it was introduced in June in the aftermath of the protests and unrest sparked by the death of George Floyd. “The legislature should take that bill and go through the normal legislative process,” DeWine said.

Using his 2021-2022 budget proposal to continue his priorities of emphasizing early-childhood education, Lake Erie water quality and mental health resources. “These are long-term projects. I’ve felt that the governor, particularly in the earlier years, needs to focus on long-term projects… People might not immediately see the results, but they have a long-term impact.

More on the state budget. He said he doesn’t expect there to be any major funding cuts. “You’re going to see a lot of things flat-funded, but we hope to avoid any significant interruption or significant cuts. And thank heavens we have the rainy-day fund. We’ll have no hesitancy in spending it.”

Promoting and improving Ohio’s state parks, which got an additional $253 million in his capital-budget bill. “One of the great things coming out of this pandemic is that people are rediscovering our great state parks,”

Lt. Gov. Jon Husted

Husted said his hope for 2021 is that once the vaccine has been distributed, the administration can put greater focus on its long-term educational and technological initiatives that were his priorities before the coronavirus pandemic. He said the pandemic only increases Ohio’s need to focus on workforce training and expansion of Ohio’s broadband network. But it created a new problem in that many students are now going to need to catch up for the classroom time they’ve missed.

 Attorney General Dave Yost

Yost plans to focus on building trust between law enforcement and communities by promoting “better training and better accountability for the very few bad apples with a badge,” according to a spokesman. Another focus will be to seek tougher penalties for human traffickers and people who pay for sex while “reaching out to help survivors find their way back.”

Secretary of Frank LaRose

LaRose wants to lobby state lawmakers to expand elections access by allowing people to apply for absentee ballots online and allowing counties to set up multiple early-voting centers if they choose. He also said he will continue to back a proposal to require greater disclosure in political spending, an effort to combat the “dark money” efforts like the one that underpinned the scandal-tainted House Bill 6 campaign.

Sen. Matt Huffman, Lima Republican and presumed Senate president for 2021

-K-12 funding overhaul. The Ohio House passed House Bill 305, after years of work on the issue, with broad bipartisan support. The bill died in the Senate during the lame duck, but Huffman said that he wants to get funding reform passed in the first six months of 2021. The Ohio Supreme Court decided the state’s school funding scheme was unconstitutional nearly 25 years ago.

-A review and possible changes to how the state and local health departments make public health decisions — “and how the legislature stays involved,”

-Changing the amount of assets and wealth people can have before they qualify for public benefits. Huffman believes some Ohioans have a relatively high level of wealth and assets but still qualify for benefits. He said this results in less money being available to people who really need assistance.

-Requiring more transparency around hospital ownership of small clinics. Huffman said there’s been a trend of hospital systems increasingly buying smaller clinics and physician practices. This is hiking up the amount insurers and government health programs pay for services, he said.

-A review and changes to the cost of public higher education. Students take on tremendous debt to get educated, and sometimes they don’t graduate, or they take years to obtain their degree,

Senate Minority Leader Kenny Yuko, a Richmond Heights Democrat:

“We’re going to have a lot to do next year to make sure we meet the needs of the families and small businesses that have been most impacted by the pandemic, and that starts with passing a fair budget that puts workers first and helps our economy recover.

We’ll also have to tackle two major issues that have set Ohioans back for years: gerrymandered districts and unconstitutional school funding.

Ohio House Speaker Bob Cupp, a Lima Republican:

“I’ll be discussing with our caucus’ new and returning members regarding House priorities for 2021. However, retaining and creating jobs, keeping our local businesses and our state’s economy open, and a new funding framework for local schools will certainly continue to be a priority for our members, as will a number of other issues, such as education, health care and COVID-related issues.”

Ohio House Minority Leader Emilia Sykes, an Akron Democrat:

“House Democrats will be focused on many of the same things we were focused on in 2020 that the Republican supermajority never allowed to get done, like a real, statewide plan to control the virus, protect workers, boost consumer confidence and invest in an economy that works for all of us.”

Sykes said that Democrats are committed to repealing House Bill 6, which sought to bail out nuclear power plants formerly owned by a FirstEnergy subsidiary but is now associated with a federal corruption investigation of whether $60 million in bribes were paid to benefit the political career of former House Speaker Larry Householder.

She also wants to pass Aisha’s Law, which seeks to protect domestic violence victims by requiring police to screen for whether they face the risk of murder, among other requirements.

She would like the legislature to pass measures for paid family and sick leave, criminal justice system reform, “commonsense gun safety” and House Bill 305, the school funding overhaul that died in the Senate.

Older Notes from the 133rd Ohio General Assembly

Ohio Legislative Update
June 29, 2020

The Ohio House is on Recess till after the November election, but has set aside a few dates for summer sessions. We learned last week that they will return for a session in July.

The Senate is on “Break” but returned last week briefly on Wednesday to vote on some bills and hold a handful of committee hearings. They are scheduled to return in July for a session as well.

ELECTION PROTECTION

Sign up for the Election Protection Team with NOVOC. http://bit.ly/uujonovoc

How to be an Election Protection Ambassador. 
Camille with Ohio Voice is calling a meeting soon. 
The training will look at social media monitoring for false information and how to flag it.  
They will include how to flag false postings in Facebook, too.

866-Our-VOTE – Phone number for Hotline for voter protection.  For questions and problems with Boards of Election.    

SB3 HEARING JUNE 30 

Senate Judiciary Committee

Tue. 30 June 2020, 12:15pm

Maybe your last chance to get in your voice in the Senate on why they need to pass drug-sentencing reform (and much more than this).

The bill, which has been in the Senate Judiciary Committee for more than a year, would reclassify certain drug possession crimes from felonies to misdemeanors and promote treatment rather than incarceration.

NEW LEGISLATION INTRODUCED BEFORE THE BREAKS

House Bill 687 (Hicks-Hudson, Sweeney) – Election Laws -Election law reform.  A bill to improve voting so Ohio can hold a safe and accessible presidential election this November as the global pandemic continues.  The bill was submitted in contrast with the HB 680, which would repeal voter access provisions like the last three days of early voting (last weekend) and the mailing of applications for absentee ballots to all voters.

  • Mailing an absentee ballot to every registered voter – return postage paid, skipping the application step
  • Counting ballots postmarked by Election Day
  • Protecting safe and accessible in-person voting opportunities – safety protocols at in-person voting locations such as physical distancing, proper sanitizing, and use of masks in accordance with public health recommendations.
  • Greater access to voter registration   Matches the online voter registration form with what is required on a paper voter registration form by requiring either SSN4 or driver’s license/state ID number, not both, on the online form.
  • Counties may have more than one Early Vote location instead of only one crowded Early Vote site.   
  • More secure Drop Off Boxes for Absentee Ballots
  • Guarantees adequate safe voting locations for Election Day by limiting the consolidation of precincts into a single location.

Senate Bill 323 (Antonio, Williams) – Election Law – to modify the law governing absent voting and online voter registration, to make other changes to the Election Law, and to declare an emergency. The Senate form of HB 687.

House Bill 703 (Plummer, Abrams) – Policing Practices – to express the intent of the General Assembly to study and implement professional police practices in Ohio. See grid at: https://docs.google.com/spreadsheets/d/15xNhHIxJwUdpvAlUPcb08kLNumuDU8NhVRuTCBybBGU/edit#gid=0

House Concurrent Resolution 31 (Howse, Crawley) – Racism – to declare racism a public health crisis and to ask the Governor to establish a working group to promote racial equity in Ohio.

Update Senate Bill  (SB 311) to rescind current health emergency orders and limit to the power of the Director to enact new orders.  Still in Senate Committee

COVID-19 CONTEXT FOR THE ELECTION

Friday June 26 saw a big increase in new coronavirus cases in Ohio — 987 the largest jump in cases since heavy prison testing in mid-April. The weekend numbers were high, too: 817 on Saturday and 854 on Sunday with 57 new hospitalizations on Sunday alone.

Gov. Mike DeWine has said he’s now looking at county-by-county coronavirus orders, since some urban areas are experiencing hotspots. This is a reversal of the past, when he said such a patchwork would be a disaster,

“As we move forward into this stage we are in now, we are looking more and more at county by county…As we see alarming numbers in Dayton, as we see alarming numbers in Cincinnati, in Hamilton County, in Dayton in Montgomery, these are conversations that we are going to be having with local officials about what are the different things that we can do,” DeWine said.

Highlights of a June Case Western Reserve School of Medicine Report

Report by Norman Robbins, MD, PhD, Emeritus Professor, Case Western Reserve School of Medicine. Can be used in Letters to the Editor

  • Based on the 2016 presidential election, about 48 percent of Ohio voters in the 2020 election (2.6 million people) will be at higher risk for covid-19 infection and its severe outcomes.  Therefore, these voters need more “protection” through enhanced procedures for in-person voting and for voting by mail. 
  • The magnitude of the risk depends on 1) whether COVID-19 transmission will persist in November 2020 and 2) on the expected number of voters (based on the 2016 election) who are at higher risk of contracting COVID-19 or suffering its serious consequences.
  • HHS Officials, including Dr Fauci, have testified that “COVID-19 activity will likely continue for some time” and that a vaccine might first be available at the end of the 2020. Therefore, Ohio election planners must assume that the risk of contracting COVID-19 will remain high through November
  • Assuming voter turnout in 2020 is similar to 2016, the two largest groups of voters who will be vulnerable to COVID-19 are 1.4 million voters 65 years of age and older, and 1.2 million voters with a virus-sensitive chronic disease. This is likely an underestimate.  These two groups equal 48% (2.6 million voters) of the 5.4 million Ohioans who voted in 2016.  The pandemic would render them vulnerable to severe outcomes of COVID-19, such as hospitalization, intensive care, or death.
  • Other research has shown that populations such as African Americans or low income Ohioans are largely included in these numbers of vulnerable voters.
  • Therefore, in order to ensure that different voting needs and preferences are served,  vigorous measures (streamlining vote by mail, increasing safety procedures of in-person voting) are urgent and essential in preparing for the upcoming 2020 election. 

SENATE BILL 191 – ABSENTEE BALLOT APPLICATIONS ONLINE – In Gov Oversight and Reform Committee

We heard late last week that the OH House will likely reconvene for business for two days in late July.  This means that there is still a chance for SB191, which allows for modern, streamlined online ballot requests. SB 191 is in the Senate; they are also scheduled for a July session. 

In addition to online applications for Absentee Ballots, we also need other improvements to ensure the health and safety of poll workers and voters, including

  • Prepaid postage for ballots and absentee applications,
  • Additional ballot drop boxes and early vote centers in each county

Everything comes down to the senate moving 191, with improvements out of committee and passing it before the house comes back.   We must sustain the public pressure and flood them with thousands of phone calls, letters, Letters to the Editor and even Tweets! UUJO sent out an Action Packet last week with links and models and scripts for phone calls.

Outline

  • Requires the Secretary of State to establish by rule a secure online process for requesting absent voter’s ballots.
  • Maintains the option to submit paper applications for absentee voter’s ballots.
  • Requires an online applicant to provide all the information that is required under continuing law to request absent voter’s ballots. Online birthdate and the last four digits of the SS#  or the elector’s Ohio driver’s license or state identification (ID) card number as proof of identity.
  • Requires the elector to attest to the truth and accuracy of the information in the online application under penalty of election falsification using the elector’s birthdate and the last four digits of the elector’s Social Security number or the elector’s Ohio driver’s license or state identification (ID) card number as proof of the elector’s identity.
  • Requires the Secretary to obtain an electronic copy of the elector’s signature from the Statewide Voter Registration Database to be used as the elector’s signature on the application. (As a practical matter, those two signatures would be identical, so there would not be a signature matching procedure.)
  • Requires the Secretary to employ security measures necessary to ensure the integrity and accuracy of information submitted through the new system.
  • Specifies that errors in processing applications in the online system must not prevent an elector from receiving absent voter’s ballots.

Online application for absentee voter’s ballots

An online application, just like a paper application, must include all of the following:1

  • The elector’s name;
  • The address at which the elector is registered to vote;
  • The elector’s birthdate;
  • A statement identifying the election for which the absent voter’s ballots are requested.
  • A statement that the person requesting the ballots is a qualified elector.
  • If the request is for primary election ballots, the elector’s party affiliation.
  • The address to which the ballots should be mailed.

Identification

Online application requires  birthdate and the last four digits of the SS#  or the elector’s Ohio driver’s license or state identification (ID) card number as proof of identity.

A voter  who submits a paper application for absent voter’s ballots must sign the application and provide one of those forms of ID  — OR  may submit a copy of the elector’s current and valid photo ID, a copy of a military ID, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document, (other than a notice of voter registration), that shows name and address.

Signature

For paper applications, continuing law requires the voter to sign the application, which gives the election officials the opportunity to compare that signature with the one in the elector’s registration record.

Although the statute does not explicitly require the election officials to match those signatures before sending absent voter’s ballots to the elector, if the signatures did not match, the election officials probably would investigate to determine whether the application was fraudulent.

HOUSE BILL 680 – ALTERNATIVE ELECTION PROCESS DURING HEALTH EMERGENCY – Passed House June 4

Public officials’ orders concerning elections

Prohibits any public official from causing an election to be conducted other than in the time, place, and manner prescribed by the Revised Code. Neither health officials nor the Governor can change the election process, except to postpone an election up to 6 months following an enemy attack as per current law.

However, the bill probably would not prevent a court from ordering a change in an election procedure if the court found that the procedure in the Revised Code violated the Ohio or U.S. Constitution or a federal law.

Absent voting

Shortens the deadline by four days, for all elections, to apply to receive absentee ballots by mail.  Deadline would be one week rather than the current 3 days. By shortening that deadline, the bill’s supporters says it provides more time for the board to process the application and mail ballots to the voter, and for the voter to receive, mark, and return those ballots to the board

Clarifies that the Secretary of State may not prepay the return postage on any applications for absentee ballots or on any absentee ballots themselves. But as amended, SOS can send out applications as has been the practice in general elections.  Continuing law prohibits the boards of elections from prepaying that return postage

Use of federal CARES Act funds

Directs the Secretary of State to use any funds received under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act through June 30, 2021, for certain purposes, including additional equipment, supplies, and recruiting and training election officials for the November 2020 general election.  Uses CARES Act funds to mail the absentee application forms to registered voters. And provides PPE for election officials, and to pay for cleaning and modifying the layout of polling places and the offices of the boards of elections to provide for adequate social distancing.

  • Original was amended. Original said that Secy of State could only send a postcard, not a ballot application form to each registered voter.
  • Original ended early voting the Friday before Election Days. It currently runs through Sunday. The last 3 days were put back in.

UPDATE SENATE BILL 3 – SENTENCING REFORM

June 25, Policy Matters Ohio and many coalition partners   unveiled an analysis that shows how sentencing reform would improve public health.

Policy Matters studied SB 3 and House Bill 1, a complementary bill that would expand treatment in lieu of conviction for people charged with drug possession. Both would strengthen record sealing. The House passed HB 1 last summer and it awaits action in the Senate.

The report shows the bills would reduce the number of people sent to prison for drug crimes, which is particularly important as COVID-19 has spread through Ohio’s prisons over the past several months, killing 86 incarcerated people and five prison staff.

“Our analysis shows that reforms state lawmakers are considering would improve the wellbeing of Ohioans and their communities,” said Piet van Lier, researcher for Policy Matters Ohio. “They could save lives by reducing the prison population as the COVID-19 death toll continues to rise behind bars.”

SB 3 and HB 1 would help people convicted of some drug crimes by removing barriers to housing, employment and public assistance. That would help them support themselves and their families, and contribute to their communities.

The bills would decrease drug use by providing people with more treatment. Over time the bills would also improve the mental health of people with past drug convictions by helping them get back on their feet, the report shows.

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UUJO LEGISLATIVE UPDATE 
MAY 28, 2020

(See PowerPoint presentation HERE)
(Available on Google Drive HERE)

OHIO COVID-19 NUMBERS
(as of Wed. May 27)

Coronavirus cases and deaths continued to rise Wednesday across Ohio with most businesses reopened.

The number of deaths per day increased from 15 Tuesday to 42 Wednesday, continuing the daily up and down that Ohio has experienced since the pandemic first started. There are now a total of 2,044 confirmed and probable deaths throughout the state, according to the Ohio Department of Health.

Confirmed and probable cases also increased Wednesday, though less so than a day earlier. An additional 433 cases were reported Wednesday compared with the 529 new cases recorded Tuesday.

Dr. Amy Acton, director of the Ohio Department of Health, warned Tuesday that case and death counts could increase dramatically later this week likely as a result of a delay in reporting from the holiday weekend.

LEGISLATIVE ACTION

HB 242 Passed May 27, 2020.  This stops municipalities from banning or limiting the use of plastic bags.  The vote in the Senate to affirm was mostly along party lines. One lone Republican voted against it. I passed the House in December 2019.

No news at this time on SB 33 the anti-protest bill. This bill has passed both the Senate and House committees but has still not been brought before the full house for a vote,

HB 545 the brine as a commodity bill also shows no movement in the Energy and Natural Resources committee.  If this bill passes, fracking brine could be sold and used on state and municipal roads as a de-icer, despite evidence of radioactivity.

Business Immunity – Both chambers are working on legislation to limit the ability for businesses to be sued for liability during the COVID pandemic emergency. On Thursday, the Senate Judiciary committee held a third hearing and possible vote on that chamber’s version of the bill (SB308) while the House considered  House Bill (HB606), which is still in the Civil Justice Committee..

Health Emergency Orders – The Senate has held 2 hearings on legislation (SB311) to rescind current health emergency orders and limit to the power of the Director to enact new orders. Only Proponent testimony has been received so far.   The Governor has said he would veto this if it reaches his desk.

MASKS AND TEMPERATURE AT THE STATEHOUSE

For the most part, Republican Senators and Representatives are refusing to wear masks.  Now some are refusing to have their temperature taken.

Ohio House of Representatives’ policy asks lawmakers to take their temperature before attending session where legislators vote on proposed legislation. “It is strongly suggested that members who have a fever, feel ill, or have been diagnosed with COVID-19 stay home,” according to the policy. Sick lawmakers who insist on attending session may vote from a nearby lounge designated as a “quarantined area.”

This week, Butler County Rep. Candice Keller (R: Middletown) refused to have her temperature taken at work, calling the practice an invasion of her privacy.

“The reason I’ve had to put up with so much opposition over the last 4 years as a Representative is that NO ONE GETS TO CONTROL ME,” Keller,  wrote on her Facebook page Wednesday morning. “I mean, NO ONE. I have civil rights and I have a right to privacy.”

Keller wrote that someone attempted to take her temperature at the Ohio Statehouse Tuesday. The interaction occurred at Vern Riffe State Office Tower, where House lawmakers have offices.

Keller wrote: “He followed me to the elevator! He got closer and stood there like he was going to force me. He kept holding the thermometer up in front of me,”  “I turned around and pointed my finger at him and I said, ‘You’re not taking my temperature!’”

Speaker Larry Householder, (R-Glenford), said in a statement that staff, visitors and lawmakers are asked to have their temperatures taken before going upstairs to their offices – a policy enacted on May 4. The checks, conducted by House Sergeant at arms staff, also include a question about symptoms.  Those with a high temperature or symptoms of COVID-19 would be asked to leave.

BUDGET CUTS

State budget cuts of nearly $800 million went into effect May 6.  The cuts include a $300 million reduction in K-12 public-school funding, $210 million from Medicaid spending and $110 million from college and university funding. These cuts are for May and June only, to the end of the fiscal year June 30.  Education and Medicaid are the largest areas of expenditure in the state.

As recently as the end of February, the state was running ahead of estimated revenues by $200 million. But as of the end of April, state revenues are short of budget by $776.9 million.  Revenues come from sales and income taxes.

“Cutting the K-12 budget was not something myself and the Governor went about lightly. It was necessary step to balance our budget,” said Office of Budget and Management Director Kimberly Murnieks

Medicaid was cut $210 million. The governor said despite the cut to Medicaid, it will not reduce access or services to the program.  They are looking at costs savings from cancelled elective procedures for Medicaid patients.

The Dept Corrections and Rehabilitation was not part of the budget cuts. According to the Office of Budget and Management, that’s because ODRC is currently dealing with COVID-19 issues.

For now, the state says it’s not considering furloughs for state employees, but it is not off the table in the future, according to OBM.

The state will not immediately tap its rainy-day fund, which contains $2.7 billion. The Governor anticipates that money will be needed in the future, to make it through the deficits of the summer.

“I know I have said it’s raining, but we really don’t want to tap into it just yet,” DeWine said. “This rain is not a passing spring shower. It could be, we don’t really know, but it could be a cold, long lingering storm. We should not use that rainy day fund until we have to.”

UNEMPLOYMENT

More than 42,000 Ohioans filed initial jobless claims for the week that ended May 23, bringing the total filed in 10 weeks to more than 1.25 million.  But complaints continue to roll in about the department’s ability to respond to the intense demand created by the rush of unemployment filings.

Ohioans are waiting an average of 48.2 minutes for call center employees to answer their questions about the ever-changing unemployment requirements or problems with the state’s website.  That’s if they even get through to a call center employee. Currently, Ohio Department of Job and Family Services is answering fewer than 40% of calls.

Those who successfully apply for unemployment face more waiting. Just 42% of unemployment compensation claims are processed within 21 days – the federal standard for success. Another 83,201 Ohioans have claims still pending.

When plans were announced to close restaurants and bars in mid-March, Ohio Department of Job and Family Services had 40 people working at its call center to address unemployment claims.   The entire unemployment department included 553 people – about one-third of the people who worked there in 2009.  Staffing levels are set, in part, by unemployment levels and Ohio’s rate has been low before March.

In testimony before the Ohio House Ways and Means Committee May 27, Ohio Dept of Family Services Director Kim Hall sought to explain the challenges that have hampered the department’s response, including staffing and technological limitations.  “This is unacceptable to all of us,” Hall told lawmakers Wednesday.

“The antiquated technology of our benefit system and call center have been our greatest challenge and disadvantage as a state,” Hall told the committee. “Our benefit system, Ohio Job Insurance (OJI), was implemented in 2004. It was never built for the claims volume it is now handling.”

DECARCERTATION

A group of Ohio prisoners on May 15 filed a potential class-action lawsuit asking a judge to free thousands of inmates susceptible to serious illness from the coronavirus.

The lawsuit accuses Ohio Gov. Mike DeWine and the state’s prison director, Annette Chambers-Smith, of violating their constitutional rights by failing to do more to prevent a deadly outbreak of the COVID-19 virus that as of Thursday left 58 prisoners and two staffers dead.

ACLU – Ohio and Policy Matters Ohio have been publicly criticizing Gov DeWine and DRC Director Annette Chambers-Smith for allowing prison deaths to get out of hand.  People incarcerated in Ohio’s prisons are dying at nearly 10x the rate of Ohioans overall and Ohio’s COVID-19 prison deaths account for 13.7% of all such deaths nationwide. See press release and Columbus Dispatch coverage, including report of a nurse at the Correctional Reception Center in Orient, Ohio being the third prison-staff death from COVID-19.

One bit of good news:  ACLU Ohio and the Ohio Immigrant Alliance got 11 more ICE detainees with COVID-19 released from Morrow County jail this week.

Contact Lynn Tramonte of the Ohio Immigrant Alliance to get involved into the effort to push for release of immigrants in Morrow County!

CHILDCARE

Beginning Sunday, May 31, childcare providers in Ohio will be permitted to reopen if these providers can meet required safety protocols.

Ohio will use more than $60 million in federal CARES Act funding to provide reopening grants to all of Ohio’s childcare providers, including family childcare, childcare centers, and both publicly-funded and private providers.

Governor DeWine also announced that Ohio will fund a research project to study best practices for controlling the spread of COVID-19 in childcare settings. Information gathered from the study will continue to inform childcare regulations moving forward.

The reopening date of May 31 also applies to day camps that can meet required safety protocols. A detailed list of guidelines and best practices for day camps will be available soon at coronavirus.ohio.gov.

ZOO OPENINGS

Zoos are considered large crowd gathering and will require special planning before they can reopen. There has been a 16 person state planning committee addressing the issue.

In line with the group’s report, the Cincinnati Zoo last week announced a plan to reopen as an outdoor-only attraction. Indoor exhibits and food service would be closed; some exhibit areas would be designated one-way to reduce traffic. Employees will wear masks and guests are asked to wear masks, too.

Reservations will be required and admission will be capped at less than 50% of regular park capacity. Wheelchairs and strollers would not be available to rent.  “Our goal initially is to give people a safe experience where they didn’t have to touch anything,” zoo director Thane Maynard said.

Maynard said the zoo is ready to open and the directors of Ohio’s other four zoos have the same plan.  The Columbus Zoo also plans to reopen with the same plan for  reduced capacity and timed entry.

REPORTING COVID-19 CASES AT BUSINESSES

Public health officials are now requiring all businesses to report a positive COVID-19 test in an employee or customer.  The instructions were released May 26.

With many restrictions eased and most places of business once again able to open their doors to the public, emphasis has turned to continued vigilance through social distancing, sanitizing and face coverings that can help to limit spread of the infection.

The Ohio Department of Health, issued the following guidelines for businesses as soon as a positive COVID-19 infection is identified:

‒ Immediately report employee or customer infections to the local health district at www.scph.org/workplace-positive-reporting.

‒ Work with local health department to identify potentially exposed individuals to help facilitate appropriate communication/contact tracing.

EXAMPLE OF RE-OPENING ISSUES

Restaurants are open but subject to a new set of rules. The first two weekends of business saw the overwhelming majority of operators pass state and local health department inspections.  But operation hasn’t been without incident.

Of the 623 inspections conducted by the department between May 21-23 after dining rooms could reopen, only 13 resulted in warning letters, meaning 98% of establishments did not have a reported issue.  Of the 13 letters, half were for social distancing and half were for employees not wearing masks.

Restaurants are learning quickly so they don’t run afoul of the regulations and find themselves subject to fines or possible loss of liquor licenses.