TO

:

REPRESENTATIVE CLYDE

FROM:

BRAD YOUNG, HOUSE CLERK

DATE:

TUESDAY, NOVEMBER 24, 2015

RE:

FILED PROTEST

The Speaker has asked me to inform you that as the presiding officer of the House, the Speaker
has determined that your memorandum of protest, dated November 20, 2015, is out of order and,
therefore, will not be printed in the House Journal in its current form.
Section 10, Article II, Ohio Constitution provides that “Any member of either house shall have
the right to protest against any act, or resolution thereof…” The act which you are protesting is
the determination of the Speaker that the House was ready to vote on Sub. H.B. No. 294, after
the consideration of three amendments and over an hour of debate. Section 10, Article II further
states that “…the reasons therefor, shall…be entered upon the journal.” While the protest you
submitted included your stated reason for protest being that debate was ended when the House
proceeded to vote on the bill, it also included a speech which you claim you intended to offer on
the floor, had you been recognized. However, a floor speech does not constitute a reason to
protest.
Furthermore, Section 9, Article II, Ohio Constitution and Ohio Revised Code section 101.54
state that the journal of each house shall be a record of its proceedings. This includes official
actions taken by the body and not a verbatim account of members’ remarks during floor debate.
Therefore, in compliance with these requirements, the House cannot properly include your
memorandum of protest, in its current form, in the record of House proceedings. The Speaker
holds that the constitutional privilege of the right to protest granted to members should not be
used as a vehicle for attempting to record remarks in the journal which under no other
circumstance would be included.