(The Center Square) – A bill aimed at securing state computer systems from cyber threats that now includes tightening requirements for citizen-led proposed constitutional amendments is a House vote away from going to Ohio Gov. Mike DeWine’s desk.
As the two-year legislative session nears an end, DeWine could sign House Bill 74, which would now give the attorney general the right to review and certify the title of an amendment. That comes six weeks after the Ohio Supreme Court said ruling on the title did not fall under the attorney general’s responsibilities.
The court said Yost’s role in the citizen-led amendment process is to determine whether a summary of the petition is fair and truthful without regard to the title.
If DeWine signs the new bill, however, Yost could consider the title in the determination.
The original bill, which had its last hearing nearly a year ago, focused solely on cybersecurity. It passed the House in October 2023. Its final hearing came a week ago in the Senate with no testimony, and the new language related to constitutional amendments was added before it passed the Senate on Wednesday.
The House still must agree with the Senate changes before DeWine would get the bill.
In late October, the court unanimously ruled Yost was wrong when he rejected a summary of a proposed constitutional amendment to end qualified immunity titled “Secure and Fair Elections.” He also rejected it a second time with a title “Ohio Voters Bill of Rights,” calling it highly misleading and misrepresentative.
The court said Yost can only review the summary of the petition, not the title and certify it as either fair and truthful statement before it can move on to the next step in the process.
Yost disagreed with the court but reviewed the summary again and moved it forward in the process in mid-November.
“The fact that the recent decision of the Supreme Court of Ohio concludes the relevant statute does not grant me authority to review the title does not change my determination that it is misleading,” Yost wrote in a letter to the petitioners. “The court did not reach a decision on the merits of that determination. I stand by it. I urge you to consider a more accurate and less misleading title.”
