DRAFT Resolution

RESOLUTION TO PROTECT OHIOANS’ PROPERTY RIGHTS FROM UCC “RE-TITLING/TOKENIZATION” OR CEIZURE MECHANISMS

[NOTE: THIS IS HERE TEMPORARILY FOR COLLABORATION PURPOSES]

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REPUBLICAN PARTY OF OHIO
CENTRAL COMMITTEE
RESOLUTION TO PROTECT OHIOANS’ PROPERTY RIGHTS FROM UCC “RE-TITLING/TOKENIZATION” OR CEIZURE MECHANISMS
Drafted in conformity with Robert’s Rules of Order Newly Revised (12th ed.)

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RESOLUTION TO PROTECT OHIOANS’ PROPERTY RIGHTS FROM UCC “RE-TITLING/TOKENIZATION” OR CEIZURE MECHANISMS

Introduced: _________________________
Seconded: _________________________

WHEREAS, the State of Ohio recognizes the fundamental principle that private property rights are essential to individual liberty, economic prosperity, and the rule of law, as enshrined in the Ohio Constitution (Article I, Section 1) and the United States Constitution (Fifth and Fourteenth Amendments); and

WHEREAS, certain provisions of the Uniform Commercial Code (UCC) convert tangible and financial assets into digital “security entitlements” held in nominee name by intermediaries such as the DTCC, effectively severing direct ownership ties and enabling automatic transfer during institutional insolvency; and

WHEREAS, the UCC effectively seeks to regulate a broad array of real and electronic assets, such as land, homes, investment securities, farms, agriculture, certain bank accounts and transactions, Controllable Electronic Records (CERs) such as crypto-currency and non-fungible tokens, and more, and

WHEREAS, Article 12 of the UCC, governing Controllable Electronic Records (CERs), has been adopted or proposed in several states to “modernize” digital asset treatment, and

WHEREAS, David Rogers Webb’s book The Great Taking (2023) exposes a systemic legal framework, embedded in revisions to the Uniform Commercial Code (UCC) particularly Articles 8 and 9, that has transformed traditional ownership of securities and financial assets from direct property interests into mere “security entitlements.” These entitlements, arising from the dematerialization and immobilization of securities in indirect holding systems, subordinate individual claims to those of secured creditors, central clearing parties, and financial intermediaries during insolvency events, potentially enabling the mass collateralization and seizure of assets including stocks, bonds, bank deposits, and debt-financed real and personal property; and

WHEREAS, Ohio has adopted the UCC as Title 13 of the Ohio Revised Code (ORC Chapters 1301–1310), including the 1994 revisions to Article 8 (ORC Chapter 1308) which define “security entitlements” under ORC § 1308.01 (UCC § 8-102) as contractual rights rather than absolute ownership, and Article 9 (ORC Chapter 1309) which prioritizes secured interests in financial assets during default or bankruptcy under ORC § 1309.328 (UCC § 9-328); and

WHEREAS, recent updates to Ohio’s UCC implementation, including the mandatory electronic filing of UCC-1 financing statements effective as of 2023 (aligned with the 2022 IACA amendments adopted in Ohio), and ongoing enhancements to secured financing protections (e.g., clarifications on electronic transactions and investment securities under ORC § 1301.103), while aimed at efficiency, do not fully address the erosion of individual property rights highlighted in The Great Taking and may inadvertently facilitate the pooling and rehypothecation of client assets as collateral; and

WHEREAS, no proposed amendments to Ohio’s UCC in the 135th or 136th General Assemblies (2023–2026) specifically counteract the risks of security entitlements by restoring direct ownership protections, leaving Ohio residents vulnerable to the “safe harbor” provisions for central clearing parties (e.g., under federal regulations harmonized with UCC Article 8) that prioritize systemic stability over individual recourse; and

WHEREAS, legislative action in other states, such as South Dakota’s 2024 efforts to amend UCC provisions for automatic return of private property in cases of financial institution insolvency, demonstrates a viable model for Ohio to reaffirm property rights without disrupting legitimate commercial practices; and

WHEREAS, the Ohio General Assembly has the authority under ORC § 1.01 to enact laws promoting uniformity in commercial transactions while incorporating state-specific safeguards to protect citizens from overreach in secured transactions;

WHEREAS, this Committee has the authority to adopt policy resolutions binding on Party platforms and legislative advocacy;

NOW, THEREFORE, BE IT RESOLVED by the Republican Party of Ohio State Central Committee, duly assembled on this ___ day of __________, 2026:

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SECTION 1 – LEGISLATIVE DIRECTIVE

The Republican Party of Ohio calls for the immediate defeat of H.B. 195 in its current form and demands the introduction of a “Property Rights Protection Act” containing:

1. A right to opt-out of CER treatment for all natural persons and sole proprietorships.

2. Judicial warrant requirement for repossession of personal property, except in cases of default explicitly consented to in writing with full disclosure.

3. Equal legal standing for physical titles, paper stock certificates, and registered deeds, with no penalty or delay in recording.

4. Prohibition on state recognition of PMSI super-priority claims against individual consumers or small businesses.

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SECTION 2 – CONSTITUTIONAL DEFENSE

The Party encourages legal action in the Ohio Supreme Court to declare H.B. 195 unconstitutional under:

• Art. I, § 1 (inalienable property rights)

• Art. I, § 16 (due process)

• Art. II, § 28 (no retroactive impairment)

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SECTION 3 – LOCAL SANCTUARY POLICY

The Party urges all 88 county Republican central committees to adopt “Property Rights Sanctuary” resolutions directing:

• County recorders to accept and honor physical titles.

• Sheriffs to refuse enforcement of UCC self-help seizures without judicial warrant.

• The Party urges county officials to certify in writing their compliance and report any federal or state retaliation.

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SECTION 4 – PLATFORM AMENDMENT

The 2026 Ohio Republican Platform shall include:

“We oppose any law that converts private property into revocable entitlements or permits seizure without due process. We demand the right to physical title and judicial oversight for all Ohioans.”

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SECTION 5 – ENFORCEMENT

1. No Republican legislator shall co-sponsor or vote for any UCC bill lacking the protections in Section 1.

2. Violations shall be reviewed by the Republican Party of Ohio, with recommendations for censure, withdrawal of endorsement, or opposition funding in primary elections.

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BE IT FURTHER RESOLVED that copies of this resolution be transmitted to:

• Governor Mike DeWine

• Senate President Matt Huffman

• Speaker Jason Stephens

• All 99 House Republican members

• All 88 county party chairs

ADOPTED by voice vote / roll call:
□ Aye ____ □ Nay ____ □ Abstain ____ Chair: _________________________
Secretary: _________________________