Why the supreme court debated a stolen blower
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Hundreds of demonstrators gathered this week at the Ohio Statehouse to protest a Republican plan to make it harder to amend Ohio’s constitution. The state Supreme Court explained its definition of burglary, and we checked on what Ohio’s election integrity unit has been up to.
We break down what it all means In this week’s episode of Ohio Politics Explained. A podcast created by the USA TODAY Network Ohio Bureau to catch you up on the state’s political news in 15 minutes or less.
This week, host Anna Staver was joined by reporter Laura Bischoff.
Theft vs burglary
Ohio’s highest court decided this week that stealing a leaf blower while the owner does yardwork isn’t burglary.
In September 2020, Donald Bertram parked in front of Timothy Huff’s house, walked into his open garage, grabbed a $500 leaf blower and drove away. Huff told a jury that Bertram smiled the whole time, even when he asked him to put the blower down.
Scioto County Common Pleas Court sentenced Bertram to eight to 12 years for the burglary, but the Ohio Supreme Court tossed that conviction.
“Bertram did not commit burglary under Ohio law, because he did not gain access to Huff’s garage by force, stealth, or deception,” according to the unanimous decision.
The court recommended charging Bertram with criminal trespassing.
No session, no problem?
Ohio House Speaker Jason Stephens, R-Kitts Hill, canceled session this week, raising questions about whether a Republican plan to make it harder to amend the state constitution will make it before voters this August.
The resolution, which would need voter approval, would raise the bar for changes from 50% plus one vote to 60%.
Ohio eliminated August elections last year, but a vote on this issue in November 2023 could coincide with another constitutional amendment to protect abortion access.
Basically, those who oppose abortion like Ohio Right to Life, want this amendment voted on first to potentially make it harder for abortion rights supporters. But not every Republican thinks that’s a good idea.
“I suggest that we hold the vote on the constitutional amendment in March of 2024 to maximize turnout,” Rep. Jon Cross, R-Kenton, said. “I am 100% pro-life, and I am working on a winnable solution with a path to victory.”
Outlawing nonconsensual tracking
It’s not a crime in Ohio to hide a Bluetooth tracking device like the Apple AirTag in someone’s car, but one state lawmaker thinks it should be.
“Technology is wonderful, and I embrace it,” Rep. Tom Patton, R-Strongsville, said. “But using these devices in a criminal fashion should be a criminal act.”
House Bill 91 would criminalize knowingly “installing a tracking device or application on another person’s property without the person’s consent” as a first-degree misdemeanor.
What does the election integrity division do?
Ohio Secretary of State Frank LaRose created the public integrity division last year to tackle a “crisis of confidence” in our elections.
The new unit was touted as being dedicated to investigating voter fraud, helping local prosecutors and educating voters. And that’s largely what it’s been up to.
For example, the division helped ferret out bad actors gathering signatures for the NoLabels party − which is seeking third-party status in Ohio − for signing up dead or unregistered voters.
Listen to “Ohio Politics Explained” on Spotify, Apple, Google Podcasts and TuneIn Radio. The episode is also available by clicking the link in this article.
The USA TODAY Network Ohio Bureau serves The Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.
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