May 27, 2004

OCCPaC ISSUES SUPREME COURT ENDORSEMENTS
Since the release of our first P.a.C.E. Business Evaluation of the Supreme Court in 1995, the Ohio Chamber has been leading the charge to educate, first business leaders, then all Ohioans, about the role and importance of the Ohio Supreme Court. In each successive election cycle, we have expanded and improved our communications and political efforts in support of candidates for the state’s highest court.

In 1998, we issued endorsements to Supreme Court candidates for the first time. In 2000, we engaged in broad voter education efforts for the first time. And, two years ago, in 2002, we achieved our goal of restoring balance and fairness to the Ohio Supreme Court with the re-election of Justice Evelyn Stratton and the election of Justice Maureen O’Connor.

So what about 2004? Can the Ohio Chamber and the business community take a step back, rest on their laurels, and consider the job done? While the early results from key cases decided by the new Court are promising, we all must still remain actively engaged in judicial elections.

This year, for the first time in our state’s history, Ohioans will elect a majority of the Court in one single election. Voters will select four members of the seven-member Court on November 2. The stakes are still high, and we can’t let the personal injury lawyers and labor unions succeed in once again packing the Court with activist justices.

To that end, this week the Ohio Chamber of Commerce Political Action Committee endorsed three candidates running for the high court. OCCPaC endorsed the re-election of Chief Justice Thomas Moyer and the election of appointed Justice Terrence O’Donnell and Judge Judith Lanzinger.

As Ohio Chamber President & CEO Andy Doehrel said in the press release announcing our endorsements, “We’re finally beginning to see and feel the benefits of having a Court that respects the separation of powers and isn’t interested in legislating from the bench. The elections of these three outstanding judges will secure for all Ohioans a fair and balanced Supreme Court – as well as one that doesn’t ‘court’ disaster for our rebounding economy.”

Chief Justice Moyer is seeking his fourth term on the Supreme Court and was also endorsed by OCCPaC the last time he ran, in 1998. In our latest Business Evaluation he received a 57% overall score, and had the strongest score of all members of the Court in the area of workers’ compensation law. His overall score underscores his evenhanded approach.

Justice Terrence O’Donnell was appointed to succeed former Justice Deborah Cook a year ago, and is running to fill the two years remaining on the term to which she was elected in 2000. OCCPaC also endorsed Justice O’Donnell when he ran unsuccessfully for the Supreme Court in 2002, and our endorsement is based in large measure on his ardent advocacy of judicial restraint.

His adherence to this philosophy was demonstrated in his dissent to a decision issued by the Supreme Court just this week. In Modzelewski v. Yellow Freight Sys., Inc., Justice O’Donnell wrote, “Because the majority has improperly invaded the domain of the legislative branch, I cannot join today’s opinion.” Justice O’Donnell also had a very favorable 60% score in our 2003 Evaluation of the 8th District Court of Appeals, on which he previously served.

Judge Lanzinger’s endorsement stems from her over nearly 19 years experience at all levels of the judiciary and from her strong commitment to not using her position for pursuing her own – or any other – political agenda.

OCCPaC did not recommend an endorsement in the year’s other Supreme Court campaign, in which Justice Paul Pfeifer is running unopposed. As you no doubt recall, Justice Pfeifer was one of the infamous “Gang of Four” judicial activists that often brought the Court’s gave down on Ohio business. We endorsed his opponent when he last ran six years ago and he scores just 36% in our latest Business Evaluation.

FORGET “BLUE STATES” AND “RED STATES”;
WHAT COLOR ARE OHIO’S COUNTIES?

Ever since the 2000 presidential election, with its narrow and controversial outcome, story after story has been written about how divided our nation is. The famous map, with each state colored blue (Gore) or red (Bush), depending on which candidate received its electoral votes, has come to define our nation’s politics in the four years since.

Ohio shows up as red on this map but is one of 17 states typically identified as swing states in this year’s presidential contest. These are the states that were decided by six percentage points or less in the 2000 election. Pres. Bush carried Ohio by 3.5 points and also won seven of the other swing states, while Gore won nine of the 17.

But what about within Ohio? What are the blue and red counties? And what are the swing counties that might determine whether President George W. Bush or Sen. John Kerry carries our swing state this November?

On the national blue/red map, much of the country geographically is red, with blue states clustered on the west coast, upper Great Lakes, and the northeast. Ohio’s map is similar: it looks very red, but with clusters of blue, primarily in the northeast. Al Gore won just 16 of Ohio’s 88 counties four years ago, but still managed 46.5% of the vote, as most of his support came in the state’s major metropolitan areas. Pres. Bush was strongest in the rural and suburban counties.


Presidential Election Voting, 2000
Bush (50.0%)
Gore (46.5%)

 

The battleground within Ohio should be in the 12 counties listed below, each of which was won by less than five percent. In 2000, Bush won seven of the 12, Gore five:

County Margin Winner
Clark 0.56% Gore
Harrison 0.92% Bush
Franklin 1.00% Gore
Stark 1.78% Bush
Montgomery 2.08% Gore
Ottawa 2.16% Bush
Columbiana 2.58% Bush
Sciota 3.42% Bush
Pike 3.88% Bush
Perry 4.25% Bush
Erie 4.65% Gore
Ashtabula 4.79% Gore

The big prize is clearly Franklin County, and voters in Columbus and its suburbs can expect to draw heavy attention from both candidates between now and November. It’s probably not a stretch to conclude that whichever candidate carries Franklin will win the state, though Bush did prevail statewide while losing the county to Gore in 2000. Harrison, Pike, and Perry – though close four years ago – aren’t heavily populated areas and don’t contain enough votes to make a significant dent in the overall outcome.

Interestingly, there are counties located in seven of the state’s eight major media markets – the Cincinnati market being the lone exception – underscoring the fact that winning Ohio will not come cheaply. Even in the Cincinnati market, which is heavily Republican and includes no counties won by Gore, the Bush campaign is working feverishly in an effort to boost its margins there.

We examined in the last issue of The Political Edge the oft-repeated statement, “No Republican has ever been elected president without winning Ohio.” It appears as if, this year, one might add, “As Franklin County goes, so goes the nation.”

HOME FOR THE HOLIDAY…AND BEYOND
Earlier this week, both the Ohio House and the Ohio Senate wrapped up their business for the spring, standing in recess now until after the November election (with the possible exception of returning for three days in early September). A flurry of legislation was passed and sent to Governor Bob Taft for his signature.

Included among the many bills passed this week were four bills supported by the Ohio Chamber: HB 223, the Workplace Safety Act, HB 292, which responds to the explosion of asbestos litigation in Ohio by expediting the resolution of claims brought by those who are truly sick, HB 342, legislation addressing the pending threat of silica and mixed dust lawsuits, and HB 427, a job stimulus package.

With virtually all of the legislature’s pre-election work now completed, we are currently finalizing our P.a.C.E. General Assembly Voting Record. The record will have 16 votes in the Senate and 13 in the House, and scores for individual legislators vary widely for this session – from lows in the 20’s to several perfect 100 percent scores. Your copy of the Voting Record should arrive in your mailbox in mid-June.

Now that legislators are back home in their districts, campaigning will begin in earnest. There are doors to knock on, parades to walk in, county fairs to attend, dollars to be raised, and so on. And the Ohio Chamber of Commerce Political Action Committee will also be gearing up for the fall elections. OCCPaC expects to issue its legislative endorsements in July.

The summer recess is often also the time when term-limited lawmakers start actively pursuing their post-legislature career opportunities. Don’t hold your breath, however, in anticipation of early departures by any of the 13 members still serving that are facing term limits this year. Since the advent of term limits in 2000, only 26 of the 94 members that were elected to a final term resigned prior to the end of their term. The other 68 served out – or are still serving – the complete term. And, of the 26 who didn’t, prior to this year not one of them had resigned during an election year. The departures this winter of Sen. Jim Carnes and Rep. Bryan Williams were the first.

DEMOCRATS SPRING AWARD ON SPRINGER
Just in case you missed this item, the Ohio Democratic Party earlier this month announced the recipient of its “Democrat of the Year” award. Granted, with the lack of Democrat statewide officeholders, the list of obvious potential winners is small. But the winner should surprise you nonetheless. Then again, given the party’s recent state, maybe it shouldn’t.
The winner: Jerry Springer, host of the raunchy and exploitative “The Jerry Springer Show.”
Springer, who toyed with challenging U.S. Sen. George Voinovich for re-election this year, was given the award by the party’s chairman, Denny White. Springer has been a coveted speaker on the local Democrat party circuit and also gave upwards of $250,000 in campaign contributions to the party and Democrat candidates.

And his ambition to run for office statewide appears to be serious. He recently changed his legal residence from Chicago back to Cincinnati.

UPDATED CANDIDATE LISTS NOW AVAILABLE
Recently posted to the Ohio Chamber’s website are updated lists of the candidate matchups for this year’s General Election contests. These updated lists include primary winners and independent candidates in each race. Click here to access these lists.