
The 1851 Constitution with Amendments to 2015
Schedule
Of prior laws All laws of this state, in force on the first day of September one thousand eight hundred and fifty-one, not inconsistent with this constitution, shall continue in force, until amended, or repealed.
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The first election of members of General Assembly The first election for members of the General Assembly, under this constitution, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-one.
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For state officers The first election for governor, lieutenant governor, auditor, treasurer, and secretary of state and attorney general, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-one. The persons, holding said offices on the first day of September, one thousand eight hundred and fifty-one, shall continue therein, until the second Monday of January, one thousand eight hundred and fifty-two.
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For judges, clerks, etc. The first election for judges of the Supreme Court, courts of common pleas, and probate courts, and clerks of the courts of common pleas, shall be held on the second Tuesday of October, one thousand eight hundred and fifty-one, and the official term of said judges and clerks, so elected, shall commence on the second Monday of February, one thousand eight hundred and fifty-two. Judges and clerks of the courts of common pleas and Supreme Court, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office with their present powers and duties, until the second Monday of February, one thousand eight hundred and fifty-two. No suit or proceeding, pending in any of the courts of this state, shall be affected by the adoption of this constitution.
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Officers to continue in office until the expiration of their terms The register and receiver of the land office, directors of the penitentiary, directors of the benevolent institutions of the state, the state librarian, and all other officers, not otherwise provided for in this constitution in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office, until their terms expire, respectively, unless the general assembly shall otherwise provide.
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Certain courts The superior and commercial courts of Cincinnati, and the superior court of Cleveland, shall remain, until otherwise provided by law, with their present powers and jurisdiction; and the judges and clerks of said courts, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office, until the expiration of their terms of office, respectively, or, until otherwise provided by law; but neither of said courts shall continue after the second Monday of February, one thousand eight hundred and fifty-three; and no suits shall be commenced in said two first mentioned courts, after the second Monday of February, one thousand eight hundred and fifty-two, nor in said last mentioned court, after the second Monday in August, one thousand eight hundred and fifty-two; and all business in either of said courts, not disposed of within the time limited for their continuance as aforesaid, shall be transferred to the court of common pleas.
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County and township officers All county and township officers and justices of the peace, in office on the first day of September, one thousand eight hundred and fifty-one, shall continue in office until their terms expire, respectively.
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Vacancies Vacancies in office, occurring after the first day of September, one thousand eight hundred and fifty-one, shall be filled, as is now prescribed by law, and until officers are elected or appointed, and qualified, under this constitution.
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When constitution shall take effect This constitution shall take effect, on the first day of September, one thousand eight hundred and fifty-one.
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Term of office All officers shall continue in office, until their successors shall be chosen and qualified.
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Transfer of suits, Supreme Court Suits pending in the Supreme Court in bank, shall be transferred to the Supreme Court provided for in this constitution, and be proceeded in according to law.
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Transfer of suits, district courts The district courts shall, in their respective counties, be the successors of the present Supreme Court; and all suits, prosecutions, judgments, records, and proceedings, pending and remaining in said Supreme Court, in the several counties of any district, shall be transferred to the respective district courts of such counties, and be proceeded in, as though no change had been made in said Supreme Court.
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Transfer of suits, courts of common pleas The said courts of common pleas, shall be the successors of the present courts of common pleas in the several counties, except as to probate jurisdiction; and all suits, prosecutions, proceedings, records and judgments, pending or being in said last mentioned courts, except as aforesaid, shall be transferred to the courts of common pleas created by this constitution, and proceeded in, as though the same had been therein instituted.
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Transfer of suits, probate courts The probate courts provided for in this constitution, as to all matters within the jurisdiction conferred upon said courts, shall be the successors, in the several counties, of the present courts of common pleas; and the records, files, and papers, business and proceedings, appertaining to said jurisdiction, shall be transferred to said courts of probate, and be there proceeded in, according to law.
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Judges and clerks, how elected, etc. Until otherwise provided by law, elections for judges and clerks shall be held, and the poll books returned, as is provided for governor, and the abstract therefrom, certified to the secretary of state, shall be by him opened, in the presence of the governor, who shall declare the result, and issue commissions to the persons elected.
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Election returns, when sent Where two or more counties are joined in a senatorial, representative, or judicial district, the returns of elections shall be sent to the county, having the largest population.
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Constitution submitted to the electors of the state The foregoing constitution shall be submitted to the electors of the state, at an election to be held on the third Tuesday of June, one thousand eight hundred and fifty-one, in the several election districts of this state. The ballots at such election shall be written or printed as follows: Those in favor of the constitution, "New Constitution, Yes;" those against the constitution, "New Constitution, No." The polls at said election shall be opened between the hours of eight and ten o'clock A.M., and closed at six o'clock P.M.; and the said election shall be conducted, and the returns thereof made and certified, to the secretary of state, as provided by law for annual elections of state and county officers. Within twenty days after such election, the secretary of state shall open the returns thereof, in the presence of the governor; and, if it shall appear that a majority of all the votes, cast at such election, are in favor of the constitution, the governor shall issue his proclamation, stating that fact, and said constitution shall be the constitution of the state of Ohio, and not otherwise.
The result of this election, excluding the returns of two counties, Defiance and Auglaize, which were not received in the twenty days specified, was as follows:
"New Constitution, Yes"..................................... 125,564
"New Constitution, No" ..................................... 109,276
Majority for New Constitution ............................... 16,288
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License to traffic in intoxicating liquors At the time when the votes of the electors shall be taken for the adoption or rejection of this constitution, the additional section, in the words following, to wit: "No license to traffic in intoxicating liquors shall hereafter be granted in this state; but the general assembly may, by law, provide against evils resulting therefrom," shall be separately submitted to the electors for adoption or rejection, in form following, to wit: A separate ballot may be given by every elector and deposited in a separate box. Upon the ballots given for said separate amendment shall be written or printed, or partly written and partly printed, the words: "License to sell intoxicating liquors, Yes;" and upon the ballots given against said amendment, in like manner, the words: "License to sell intoxicating liquors, No." If, at the said election, a majority of all the votes given for and against said amendment, shall contain the words: "License to sell intoxicating liquors, No," then the said amendment shall be a separate section of article fifteen of the constitution.
This election resulted:
"License to sell intoxicating liquors,
No"......................................................... 113,237
"License to sell intoxicating liquors,
Yes"........................................................ 104,255
Majority against License .................................... 8,982
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Apportionment for House of Representatives The apportionment of the House of Representatives, during the first decennial period under this constitution, shall be as follows:
The counties of Adams, Allen, Athens, Auglaize, Carroll, Champaign, Clark, Clinton, Crawford, Darke, Delaware, Erie, Fayette, Gallia, Geauga, Greene, Hancock, Harrison, Hocking, Holmes, Lake, Lawrence, Logan, Madison, Marion, Meigs, Morrow, Perry, Pickaway, Pike, Preble, Sandusky, Scioto, Shelby and Union, shall, severally, be entitled to one representative, in each session of the decennial period.
The counties of Franklin, Licking, Montgomery, and Stark, shall each be entitled to two representatives, in each session of the decennial period.
The counties of Ashland, Coshocton, Highland, Huron, Lorain, Mahoning, Medina, Miami, Portage, Seneca, Summit, and Warren, shall, severally, be entitled to one representative, in each session; and one additional representative in the fifth session of the decennial period.
The counties of Ashtabula, Brown, Butler, Clermont, Fairfield, Guernsey, Jefferson, Knox, Monroe, Morgan, Richland, Trumbull, Tuscarawas, and Washington, shall severally, be entitled to one representative, in each session; and two additional representatives, one in the third, and one in the fourth session of the decennial period.
The counties of Belmont, Columbiana, Ross and Wayne, shall, severally, be entitled to one representative, in each session; and three additional representatives, one in the first, one in the second, and one in the third session of the decennial period.
The county of Muskingum shall be entitled to two representatives, in each session; and one additional representative, in the fifth session, of the decennial period.
The county of Cuyahoga shall be entitled to two representatives, in each session; and two additional representatives, one in the third, and one in the fourth session, of the decennial period.
The county of Hamilton shall be entitled to seven representatives, in each session; and four additional representatives, one in the first, one in the second, one in the third, and one in the fourth session, of the decennial period.
The following counties, until they shall have acquired a sufficient population to entitle them to elect, separately, under the fourth section of the eleventh article, shall form districts in manner following, to wit: The counties of Jackson and Vinton, one district; the counties of Lucas and Fulton, one district; the counties of Wyandot and Hardin, one district; the counties of Mercer and Van Wert, one district; the counties of Paulding, Defiance, and Williams, one district; the counties of Putnam and Henry, one district; and the counties of Wood and Ottawa, one district; each of which districts shall be entitled to one representative, in every session of the decennial period.
Done in convention, at Cincinnati, the tenth day of March, in the year of our Lord, one thousand eight hundred and fifty-one, and of the independence of the United States, the seventy-fifth.
WILLIAM MEDILL, President.
Attest: Wm. H. Gill, Secretary.
S. J. Andrews, G. Volney Dorsey,
Edward Archbold, Thos. W. Ewart,
William Barbee,John Ewing,
Joseph Barnett,Joseph M. Farr,
David Barnet, Elias Florence,
Wm. S. Bates, Robert Forbes,
A. I. Bennett, H. C. Gray,
John H. Blair, H. N. Gillett,
Jacob Blickensderfer, John Graham,
Van Brown, John L. Green,
A. G. Brown, Jacob J. Greene,
R. W. Cahill, Henry H. Gregg,
F. Case, W. S. Groesbeck,
L. Case, C. S. Hamilton,
David Chambers, D. D. T. Hard,
John Chany, A. Harlan,
H. D. Clark, William Hawkins,
George Collings, James P. Henderson,
Friend Cook, Peter Hitchcock,
Otway Curry, G. W. Holmes,
Geo. B. Holt, R. P. Ranney,
John J. Hootman, Chas. Reemelin,
V. B. Horton, Adam N. Riddle,
Samuel Humphreville,Edward C. Roll,
John E. Hunt,Wm. Sawyer,
B. B. Hunter,Sabirt Scott,
Reuben Hitchcock,John Sellers,
John Johnson, B. P. Smith,
J. Dan Jones,George J. Smith,
James B. King, John A. Smith,
S. J. Kirkwood,Henry Stanbery,
Thos. J. Larsh, B. Stanton,
William Lawrence, Albert V. Stebbins,
John Larwill, E. T. Stickney,
Robert Leech, Richd. Stillwell,
D. P. Leadbetter, Harman Stilger,
John Lidey, James Struble,
James Loudon, J. R. Swan,
J. McCormick, L. Swift,
H. S. Manon, James W. Taylor,
Samson Mason, Norton S. Townshend,
Matthew H. Mitchell,Hugh Thompson,
Isaiah Morris, Joseph Thompson,
Charles McCloud, Joseph Vance,
Simeon Nash, Elijah Vance,
S. F. Norris, Wm. M. Warren,
Chas. J. Orton, Thomas A. Way,
W. S. C. Otis, J. Milton Williams,
Thomas Patterson, Elzey Wilson,
Danl. Peck, Jas. T. Worthington,
Jacob Perkins, E. B. Woodbury.
Saml. Quigley,
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General schedule [1912 Amendment] The several amendments passed and submitted by this convention when adopted at the election shall take effect on the first day of January, 1913, except as otherwise specifically provided by the schedule attached to any of said amendments. All laws then in force, not inconsistent therewith shall continue in force until amended or repealed; provided that all cases pending in the courts on the first day of January, 1913, shall be heard and tried in the same manner and by the same procedure as is now authorized by law. Any provision of the amendments passed and submitted by this convention and adopted by the electors, inconsistent with, or in conflict with, any provision of the present constitution, shall be held to prevail.
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Method of submission [1912 Amendment] The several proposals duly passed by this convention shall be submitted to the electors as separate amendments to the constitution at a special election to be held on the third day of September, 1912. The several amendments shall be designated on the ballot by their proper article and section numbers and also by their approved descriptive titles and shall be printed on said ballot and consecutively numbered in the manner and form hereinafter set forth. The adoption of any amendment by its title shall have the effect of adopting the amendment in full as finally passed by the convention. Said special election shall be held pursuant to all provisions of law applicable thereto including special registration. Ballots shall be marked in accordance with instructions printed thereon. Challengers and witnesses shall be admitted to all polling places under such regulations as may be prescribed by the secretary of state. Within ten days after said election the boards of deputy state supervisors of elections of the several counties shall forward by mail in duplicate sealed certified abstracts of the votes cast on the several amendments, one to the secretary of state and one to the auditor of state at Columbus. Within five days thereafter such abstracts shall be opened and canvassed by the secretary of state and auditor of state in the presence of the governor who shall forthwith, by proclamation, declare the results of said election. Each amendment on which the number of affirmative votes shall exceed the number of negative votes shall become a part of the constitution.
HERBERT S. BIGELOW,
President.
C. B. GALBREATH,
Secretary
Columbus, Ohio, June 1, 1912.
David F. Anderson,A. V. Donahey,
Ernest I. Antrim,Edward W. Doty,
John L. Baum,Charles O. Dunlap,
Robert A. Beatty,Alexander Dunn,
A. Beyer, Dennis Dwyer,
Stanley E. Bowdle, Henry E. Eby,
Wesley B. Brattain, J. Milton Earnhart,
H. M. Brown, Henry W. Elson,
Walter F. Brown, John D. Fackler,
M. A. Brown, W. W. Farnsworth,
William W. Campbell,Thomas S. Farrell,
John R. Cassidy, S. D. Fess,
M. T. Cody, Thos. G. FitzSimons,
Bernard Y. Collett, James M. Fluke,
Geo. H. Colton, Henry C. Fox,
Henry F. Cordes, Aaron Hahn,
Henry M. Crites, Wm. P. Halenkamp,
Robert Crosser, James W. Halfhill,
David Cunningham, James W. Harbarger,
William C. Davio, Wm. S. Harris,
Joe DeFrees, Geo. W. Harris,
Otto M. Harter, W. E. Partington,
Isaac Harter, Hiram D. Peck,
Robert Henderson, Edward A. Peters,
John C. Hoffman, Geo. W. Pettit,
Charles D. Holtz, David Pierce,
Samuel A. Hoskins, T. D. Price,
Frank G. Hursh, A. Ross Read,
Edward W. Johnson, Horace G. Redington,
Solomon Johnson, Jno. H. Riley,
Humphrey Jones, Wm. M. Rockel,
J. W. Kehoe, John Roehm,
Henry C. Keller, John C. Rorick,
Frank H. Kerr, Stanley Shaffer,
Wm. B. Kilpatrick, Eli D. Shaw,
E. B. King, H. K. Smith,
G. W. Knight, Starbuck Smith,
John F. Kramer, J. C. Solether,
Lawrence P. Kunkle, Franklin J. Stalter,
Frank P. Lambert, M. Stamm,
E. L. Lampson, W. B. Stevens,
Fred G. Leete, O. H. Stewart,
Daniel E. Leslie, Stephen S. Stillwell,
Robert B. Longstreth, William Worth Stokes,
Chris Ludey, Frank Taggart,
Fletcher D. Malin, James C. Tallman,
Frank M. Marriott, J. W. Tannehill,
Allen M. Marshall, Percey Tetlow,
N.E. Matthews, Harry D. Thomas,
Roscoe J. Mauck, John Ulmer,
R. G. McClelland, Edwin T. Wagner,
Geo. W. Miller, Wilmer R. Walker,
Frank P. Miller, Harvey Watson,
Wm. Miller, Benj. F. Weybrecht,
Illion E. Moore, John W. Winn,
Caleb H. Norris, Frank C. Wise,
David J. Nye, F. W. Woods,
J. A. Okey, Wm. Worthington.
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Schedule to Article 2 Sections 1, 1a, 1b, 1c, 1d, 1e, 1f, and 1g [1912 Amendment] The foregoing amendment, if adopted by the electors shall take effect on October 1, 1912.
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Schedule to Article 4 Sections 1, 2, 3, 6, 7, 12, and 15 [1912 Amendment] If the foregoing amendment shall be adopted by the electors, the judges of the courts of common pleas in office, or
elected thereto prior to January first, 1913, shall hold their offices for the term for which they were elected
and the additional judges provided for herein, shall be elected at the general election in the year 1914; each county shall continue
as a part of its existing common pleas district and sub-division thereof, until one resident judge of the court
of common pleas is elected and qualified therein.
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Schedule to Article 6 Sections 3 and 4 [1912 Amendment] If the foregoing amendment be adopted by the electors it shall take effect ad become part of the consitution on the second Monday of July, 1913.
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Schedule to Article 18 Sections 1-14 [1912 Amendment] If the foregoing amendment to the constitution be adopted by the electors and become a part of the consitution, it shall take effect on November 15th, 1912.
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Schedule to Article 15 Section 9 [1918 Amendment] If the proposed amendment be adopted, it shall become section 9 of Article XV of te constitution, and it shall take effect on the 27th day of May of the year following
the date of the election at which it is adopted, at which time original sections 9 and 9a of Article XV of the constitution and all statues inconsistent with the foregoing
amendment shall be repealed.
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Schedule to Article 12 Sections 2 and 3 [1929 Amendment] If the votes for the proposal shall exceed those against it, the amendment shall go into effect January 1, 1931, and original sections 2 and 3 of article XII of the constitution of the state of Ohio shall be repealed and annulled; but all levies for interest and sinking fund or retirement of bonds issued, or authorized prior to said date which are not subject to the statutory limitation of fifteen mills on the aggregate rate of taxation then in force, and all tax levies provided for by the conservancy act of Ohio and the sanitary district act of Ohio, as said laws are in force on said date, for the purposes of conservancy districts and sanitary districts organized prior to said date, and all tax levies for other purposes authorized by the General Assembly prior to said date or by vote of the electors of any political subdivision of the state, pursuant to laws in force on said date, to be made outside said statutory limitation for and during a period of years extending beyond said date, to be made outside said statutory limitation for and during a period of years extending beyond said date, or provided for by the charter of a municipal corporation pursuant to laws in force on said date, shall not be subject to the limitation of fifteen mills established by said amendment; and levies for interest and sinking fund or retirement of bonds issued or authorized prior to said date, shall be outside of said limitation to the extent required to equalize any reduction in the amount of taxable property available for such levies, or in the rate imposed upon such property, effected by laws thereafter passed.
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Schedule to Article 12 Sections 2 and 3 [1931 Amendment] If the votes for the proposal shall exceed those against it, the amendment shall go into effect January 1, 1931, and original sections 2 and 3 of article XII of the constitution of the state of Ohio shall be repealed and annulled; but all levies for interest and sinking fund or retirement of bonds issued, or authorized prior to said date which are not subject to the statutory limitation of fifteen mills on the aggregate rate of taxation then in force, and all tax levies provided for by the conservancy act of Ohio and the sanitary district act of Ohio, as said laws are in force on said date, for the purposes of conservancy districts and sanitary districts organized prior to said date, and all tax levies for other purposes authorized by the General assembly prior to said date or by vote of the electors of any political subdivision of the state, pursuant to laws in force on said date, to be made outside said statutory limitation for and during a period of years extending beyond said date, or provided for by the charter of a municipal corporation pursuant to laws in force on said date, shall not be subject to the limitation of fifteen mills established by said amendment; and levies for interest and sinking fund or retirement of bonds issued or authorized prior to said date, shall be outside of said limitation of the extent required to equalize any reduction in the amount of taxable property available for such levies, or in the rate by laws thereafter passed.
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Schedule to Article 12 Section 2 [1934 Amendment] If the votes for the proposal shall exceed those against it, the amendment shall go into effect January 1, 1934, and existing Section 2 of Article XII of the Constitution of the state of Ohio shall be repealed and annulled, but the following exuberated levies shall not be subject to the limitation of one per cent established by such amendment: (1) All levies for interest and sinking fund or retirement of bonds issued or authorized prior to said date which are not subject to the present limitation of one and one-half per cent imposed by Section 2 of Article XII and the schedule thereto as approved by the electors of the state on November 5, 1929; (2) All tax levies provided for by the conservancy act of Ohio or the sanitary district act of Ohio, as said laws are in force on January 1, 1934, for the purpose of conservancy districts and sanitary districts organized prior to said date; (3) All tax levies authorized prior to said date by vote of the electors of any political subdivision of the state, pursuant to laws in force at the time of such vote, to be made for or during a period of years extending beyond January 1, 1934, which levies are outside of the present limitation of one and one-half per cent imposed by Section 2 of Article XII ad the schedule thereto as approved on November 5, 1929; and (4) All tax levies provided for by the charter of a municipal corporation pursuant to law and which were authorized prior to January 1, 1934, and are not subject to the present limitation of one and one-half per cent imposed by said section and schedule as approved on November 5, 1929.
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Schedule to Article 6 Section 4 [1953 Amendment] If the vote for the proposal shall exceed those against it, the foregoing shall take immediate effect and existing section 4 of article VI of the constitution shall be repealed and annulled. The superintendent of public instruction, in office when the foregoing amendment takes effect, shall continue therein until the superintendent of public institution for whom provision is made under the foregoing amendment shall have been appointed and shall have qualified.
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Schedule to Article 4 Sections 1-14 and Article 11 Sections 12 and 13 [1968 Amendment] If adopted by a majority of the electors voting on this amendment, the amendment except paragraph (b) of the Schedule shall take effect January 10, 1970, and existing sections 1 and 2, and sections 3, 4, 6, 7, 8, 10, 12, and 14 of Article IV of the Constitution of Ohio shall be repealed from such effective date. Paragraph (b) of the Schedule and the repeal of sections 12 and 13 of Article XI adopted in 1851, shall become effective immediately upon the adoption of this amendment by the electors of this state. Upon the effective date of this amendment:
(A) Provision shall be made by law for the disposition of all pending cases in accordance with the procedural law in effect at the time of the effective date of this amendment.
(B) In accordance with the provisions of this article, the General Assembly shall enact such laws and the Supreme Court shall promulgate such rules as will give effect to the provisions herein.
(C) All laws and rules of court in existence upon the effective date of this amendment shall continue in effect until superseded or changed in the manner authorized by this amendment.
(D) All judges of the probate courts shall become judges of the courts of common pleas.
(E) Any judge who is holding office on December 31, 1969, and who would be eligible for re-election in 1970 for a term beginning in 1971 except for his age and the provisions of division (C) of Section 6, Article IV, shall be eligible nevertheless to be re-elected in 1970 for one additional term as judge of the same court.
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Schedule to Article 3 Sections 1b and 16 [1976 Amendment] Section 1b of Article III authorizing the governor to assign duties in the executive department to the lieutenant governor and the repeal of section 16 of Article III shall not take effect until the second Monday in January, 1979.
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Schedule to Article 3 Section 22 [1976 Amendment] If, on the effective date of this amendment, section number 16 is already assigned to a section of Article III of the Constitution of Ohio, the secretary of state shall assign section number22 to the section in Article III that would be numbered section 16 by this amendment, and such number shall be the official number of such section and shall be so published in any publication of the constitution and shall be cited and referred to by such number.
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Schedule to Article 12 Section 9 [1976 Amendment] If, on the effective date of this amendment, section number 6 is already assigned to a section in Article XII that would be amended by this amendment to include a renumbering of the section from section 9 to section 6, and such number shall be the official number of such section and shall be so published in any publication of the constitution and shall be cited and referred to by such number.
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