Ohio Budget: DeWine partially vetoes election integrity clause

Ohio Governor Mike DeWine has partially vetoed a provision in the state's two-year budget that would have created a new Election Integrity Unit within the Ohio Secretary of State's Office, citing concerns about potential ethical conflicts for prosecutors and undermining public confidence in the justice system.

While signing the broader budget bill, DeWine used his line-item veto power to strike down parts of the measure that he argued could lead to "unintended consequences" in the investigation and prosecution of alleged election law violations.

The proposed Election Integrity Unit was intended to investigate violations of election and campaign finance law. The vetoed language specifically mandated that prosecuting authorities, within one year of receiving a referral from the unit, either prosecute the violation, request additional evidence, or decline to prosecute. If a local prosecutor declined, the unit could then refer the case to the Ohio Attorney General.

DeWine acknowledged that voter fraud, though rare, does occur in Ohio, and that a specialized unit with expertise in this complex area could be beneficial. He cited a 2015 primary election case impacted by voter fraud and noted a recent instance where an elderly naturalized citizen was falsely accused of illegal voting, with charges later dismissed.

However, the governor's primary concern revolved around the one-year deadline for prosecutors. He stated that this "potentially requires prosecutors to act outside their ethical obligations as they are given a limited time to collect the minimum standard of evidence to determine whether to pursue cases." DeWine warned this could lead to "prosecuting individuals without evidence to prove a crime beyond a reasonable doubt."

Furthermore, DeWine expressed apprehension about the provision allowing the unit to refer declined cases to the Attorney General, suggesting it "could potentially create forum shopping and undermine the public’s confidence in the justice system."

The partial veto aims to address these prosecutorial and ethical concerns while still allowing for the potential establishment of a unit focused on election integrity, albeit with modifications to its operational framework.