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Petitions were submitted Friday to Attorney General Mike DeWine's office calling for an amendment to the Ohio Constitution branding abortion as aggravated murder.

(Robert Higgs, cleveland.com)

COLUMBUS, Ohio - A proposal to amend the Ohio Constitution to classify abortion as aggravated murder has been presented to the Ohio attorney general for review.

Petitions were submitted Friday to Attorney General Mike DeWine's office -- the first step in a long process to reach the Ohio ballot. DeWine must decide whether the proposal moves to the second step by Monday.

A proposed constitutional amendment would not go on the ballot until at least 2017.

The proposed constitutional amendment would "prohibit abortion of all unborn human beings, without exception, and classify it as aggravated murder in the state of Ohio."

The amendment language includes provisions to allow for contraception to prevent pregnancy, would not affect procedures involving unfertilized eggs and would not affect procedures like invitro-fertilization.

You can read the proposal below. Mobile users click here.

How does the process work?

Ohio law requires that the proposal be accompanied by at least 1,000 valid signatures from registered voters.

DeWine spokesman Dan Tierney did not have an estimate for the total number of signatures submitted. They were submitted on about 100 separate petitions and referred to county boards of election for validation. After the elections boards complete their work, the total will be counted.

In addition to meeting the signature threshold, the attorney general must decide if the summary proposed for the amendment is a fair representation of the amendment language as a whole.

Is the language reviewed for constitutionality?

The review process does not examine whether the proposed amendment would survive a constitutional challenge if enacted.

DeWine does not pass judgment on the merit of the amendment -- only whether the summary that will appear on petitions accurately describes the proposed ballot issue.

The Ohio Supreme Court would have exclusive jurisdiction to hear a challenge to the amendment, Tierney said.

The issue could come into play if the proposal moves forward at all.

The U.S. Supreme Court has ruled that under the U.S. Constitution, the ability for a woman to chose to have an abortion is a protected right.

The measure proposed in Ohio is similar to one proposed earlier this year in Oklahoma, said Kellie Copeland, executive director of NARAL Pro-Choice Ohio, an abortion rights advocate.

That effort was proposed for the 2016 Oklahoma ballot. In March 2016, the Oklahoma Supreme Court rejected the initiative petition, saying that the proposal would violate U.S. Supreme Court rulings.

In the past, DeWine has sometimes weighed in with his opinion of a proposal after announcing his legal ruling on whether it meets the signature requirements and is in proper form.

DeWine, for example, was not in favor of legalizing marijuana for recreational use, but his office agreed that that amendment, Issue 3 in 2015, was in proper form to advance.

Tierney said it is too soon to say what DeWine's personal reaction might be.

It's no secret that DeWine does not support abortion. But he also might shy from taking a position on this proposal given the potential constitutional issues.

What happens next?

If the language is deemed to not be a true summary of the amendment, or if too few signatures were submitted, the group that submitted the issue can start over and then resubmit.

That would involve correcting language if necessary and collecting new signatures.

These petitions were submitted by three people. The Columbus Dispatch identified them as Laura Burton of Cleveland, Anthony Dipane of Munroe Falls, and Dustin Paulson of Strasburg - none of whom are connected with Right to Life or other organized anti-abortion rights groups.

If the issue clears DeWine's review, the Ohio Ballot Board would consider whether it is one constitutional amendment or whether it should be broken into multiple issues. If approved, backers could then begin gathering signatures .

To get on ballot, petitioners would have to collect signatures from 305,591 registered voters. The total is equal to 10 percent of the vote in the 2014 gubernatorial contest. Those signatures must be gathered from at least 44 of Ohio's 88 counties, and in each of 44 counties, the total gathered must amount to 5 percent of the 2014 gubernatorial vote locally.

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