Bill Text: OH HJR8 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: As Introduced 128th General AssemblyRegular Session2009-2010H. J. R. No. 8 Representative Yates

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-11-17 - Introduced to House [HJR8 Detail]

Download: Ohio-2009-HJR8-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. J. R. No. 8

Representative Yates 

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A JOINT RESOLUTION

Proposing to amend Section 2 of Article II and

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Section 9 of Article V of the Ohio Constitution to

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eliminate the term limits and restrictions on

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returning to office that apply to members of the

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General Assembly.

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Be it resolved by the General Assembly of the State of Ohio,	6
three-fifths of the members elected to each house concurring	7
herein, that there shall be submitted to the electors of the	8
state, in the manner prescribed by law at a special election to be	9
held on May 4, 2010, a proposal to amend Section 2 of Article II	10
and Section 9 of Article V of the Constitution of Ohio to read as	11
follows:	12

2.   Representatives shall be elected biennially by	13
the electors of the respective house of representatives districts;	14
their term of office shall commence on the first day of January	15
next thereafter and continue two years. Senators shall be elected	16
by the electors of the respective senate districts; their terms of	17
office shall commence on the first day of January next after their	18
election. All terms of senators which commence on the first day	19
of January, 1969 shall be four years, and all terms which commence	20
on the first day of January, 1971 shall be four years.	21
Thereafter, except for the filling of vacancies for unexpired	22
terms, senators shall be elected to and hold office for terms of	23
four years.	24

No person shall hold the office of state senator for a period	25
longer than two successive terms of four years. No person shall	26
hold the office of state representative for a period longer than	27
four successive terms of two years. Terms shall be considered	28
successive unless separated by a period of four or more years.	29
Only terms beginning on or after january 1, 1993 shall be	30
considered in determining an individual's eligibility to hold	31
office.	32

9.   In determining the eligibility of an individual	33
to hold an office in accordance with articles ii, iiiArticles	34
III, and vV of this constitution, (a)(A) time spent in an office	35
in fulfillment of a term to which another person was first elected	36
shall not be considered provided that a period of at least four	37
years passed between the time, if any, in which the individual	38
previously held that office, and the time the individual is	39
elected or appointed to fulfill the unexpired term; and (b)(B) a	40
person who is elected to an office in a regularly scheduled	41
general election and resigns prior to the completion of the term	42
for which he or she was elected, shall be considered to have	43
served the full term in that office.	44

EFFECTIVE DATE AND REPEAL	45

If adopted by a majority of the electors voting on this	46
proposal, it takes effect January 1, 2011, and existing Section 2	47
of Article II and existing Section 9 of Article V of the	48
Constitution of Ohio are repealed on that effective date.	49

SCHEDULE	50

The amendment of Section 2 of Article II and Section 9 of	51
Article V of the Constitution of Ohio removes all limitations upon	52
the terms of members who hold office as members of the General	53
Assembly on or after the effective date of the amendment. Former	54
members of the General Assembly who were subject to limitations on	55
their terms before the effective date of the amendment remain	56
subject to those limitations until they commence a new term as a	57
member of the General Assembly in accordance with those	58
limitations.	59