130th Ohio General Assembly
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H. J. R. No. 8  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
H. J. R. No. 8


Representative Yates 



A JOINT RESOLUTION
Proposing to amend Section 2 of Article II and Section 9 of Article V of the Ohio Constitution to eliminate the term limits and restrictions on returning to office that apply to members of the General Assembly.

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

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

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

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

EFFECTIVE DATE AND REPEAL

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

SCHEDULE

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

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