MEGAN HENRY, Ohio Capital Journal — The justices elected to the Ohio Supreme Court in 2024 will be the ones deciding on any challenges to new maps if Ohio voters pass the proposed Issue 1 anti-gerrymandering amendment this November.
Even though Ohioans will be voting on Issue 1, which would remove politicians from the redistricting if approved, it’s possible redistricting will go before the state’s high court again.
“Maps, no matter who draws them, are certainly subject to challenge, and they’re subject to challenge for violating the provisions of the Ohio Constitution,” said University of Cincinnati Political Science Professor David Niven. “So we’re not done no matter what happens with Issue One. … There are still unhappy political actors who will go to the courts in some cases, questioning the process.”
Redistricting and past Supreme Court rulings
Redistricting is currently done through the Ohio Redistricting Commission — which includes the governor, the secretary of state, the state auditor and four legislative leaders (two from each party). In 2015, 71% of Ohioans voted in favor of a constitutional amendment to create a bipartisan redistricting commission to draw legislative districts in 2021.
Six different Statehouse district maps and two congressional maps have gone through the current redistricting process. The Ohio Supreme Court ruled five of the Statehouse maps unconstitutionally gerrymandered and both congressional maps were rejected as unconstitutional.
A federal court ordered Ohio voters to use the last of the gerrymandered Statehouse maps in 2022 since the commission ran out of time to come up with a constitutionally approved map. State lawmakers are currently occupying those districts.
Republican former Ohio Supreme Court Chief Justice Maureen O’Connor, who served on the state’s high court from 2003 to 2022, talked about this in an ad for Issue 1.
“Seven times career politicians have so blatantly gerrymandered our voting district maps that the Ohio Supreme Court ruled the maps unconstitutional. Seven times,” she said in the ad. “Issue One bans politicians from drawing voting maps. It will restore power to where it belongs, with citizens not politicians.”
Citizens Not Politicians, a nonpartisan coalition, is behind the proposed constitutional amendment. Issue 1 would create a 15-member Ohio Citizens Redistricting Commission made up of Republicans, Democratic and independent citizens. It would prohibit current or former politicians, political party officials, lobbyists and large political donors from being on the commission.
Ohio Supreme Court races
Republicans currently have a 4-3 majority on the Ohio Supreme Court. Depending on the outcome of the election, the Democrats could flip the court or the Republicans could tighten their grip.
“The makeup of the court makes a tremendous difference,” Executive Director of Common Cause Ohio Catherine Turcer said. “Are these folks that are going to serve on the court going to look at new voting districts with an eye to what’s in the Ohio Constitution and to what is actually good for Ohio voters, or are they going to be swayed by partisan interests?”
Ohio Republican lawmakers added party labels to the previously nonpartisan Ohio Supreme Court races starting in 2022.
Incumbent Democratic Justice Michael P. Donnelly is being challenged by Republican Hamilton County Court of Common Pleas Judge Megan Shanahan.
Incumbent Democratic Justice Melody Stewart is being challenged by incumbent Republican Justice Joseph Deters, who decided not to run for his current seat and instead chose to go up against Stewart.
Democratic candidate Lisa Forbes, of the Eighth District Court of Appeals, and Republican candidate Dan Hawkins, of the Franklin County Court of Common Pleas, are fighting for Deters’ open seat.
Deters recently talked briefly about redistricting on a right-wing Cleveland radio show.
“I think it’s kind of humorous to watch when the other side can’t win, they want to change the rules whether it’s hacking the U.S. Supreme Court because they don’t have the justices they like, or getting rid of the Electoral College because they don’t have a clear advantage in the Electoral College like they do, and it’s just a flat popular vote. And now redistricting,” he said on Strictly Speaking with Bob Frantz.