December 22 , 2004

REAPPORTIONMENT: DOES IT HELP TO HAVE THE PEN?
In 2004, elections took place in all even-numbered Ohio Senate districts. These were the first elections to occur following the 2001 reapportionment process in these 16 reconfigured districts. As a result, we can now measure the partisan changes that occurred in the General Assembly post-apportionment and try to answer the question of whether or not the GOP actually benefited from controlling the process and having drawn the lines.

Though many factors – the economy, the quality of the candidates, the availability of financial and other resources, etc. – contribute to the ultimate outcome in each individual district, the political makeup of the districts is clearly significant, or the parties wouldn’t be so focused on capturing a majority of the Apportionment Board.

The 2001 reapportionment was the fourth to occur since the current Article XI of the Ohio Constitution, which prescribes the manner in which legislative districts shall be drawn and created the Apportionment Board to draw them, was adopted in 1967. In each of the previous three, the party that had a majority on the Apportionment Board added to the number of seats it held in the House in the subsequent election, but had mixed results in increasing its numbers in the Senate.

OHIO HOUSE

On the House side, the party that drew the lines saw an immediate increase in its numbers in every post-reapportionment election. Though the average increase was more than seven seats, it’s also clear that the fewer seats the party controlled before reapportionment, the larger were that party’s gains. So, the three seats the House GOP netted in 2002 was in line with historical precedent.

OHIO SENATE

With only half the Senate up every two years, the full effect of reapportionment on the Senate can only be measured after two election cycles. By then, the existence of so many other variables makes drawing conclusions difficult. However, only the post-1971 reapportionment results demonstrate any significant change. In each of the other three decades, there was essentially no impact.

The net pickup by the GOP of one Senate seat following the 2001 reapportionment is the first time the party that drew the lines actually increased its numbers since 1971 – and the redrawn districts no doubt were a significant, perhaps the most significant, factor in this partisan shift. The district that resulted in this shift was the 17th district, which went Republican with the 2002 victory of Sen. John Carey (R-Wellston) over then-incumbent Sen. Mike Shoemaker (D-Bourneville). The addition of significant Republican-leaning territory like Clinton, Fayette, and Highland Counties helped draw Sen. Carey into the race, and he drew 62 percent of the vote in these three counties.

RUMORS PUT TO REST: GOV. TAFT APPOINTS BRADLEY, JOHNSON
In the last issue of The Political Edge (Nov. 23, 2004), we discussed the speculation surrounding who Gov. Bob Taft might tap to become Ohio’s next lieutenant governor, should he choose to appoint incumbent Lt. Gov. Jeannette Bradley to the soon-to-be-vacant position of State Treasurer. The rumor was that he might select U.S. Rep. Rob Portman to succeed Bradley and then, at a later date, resign himself in order to join the Bush administration in some capacity. Such a series of moves would result in Rep. Portman ultimately becoming governor and, in the process, potentially head-off a looming three-way battle royale for the GOP gubernatorial nomination in 2006.

Earlier this month, Gov. Taft appeared to put an end to these rumors by denying any interest whatsoever in working in Washington, D.C. and stating that he fully intends to serve out the remaining two years of his term. Then, yesterday, he ended them altogether. While he did tab Lt. Gov. Bradley to succeed outgoing State Treasurer Joe Deters, he then replaced her, not with Rep. Portman, but rather with Ohio Department of Development Director Bruce Johnson.

While these maneuvers perhaps give Treasurer-to-be Bradley a leg up on any potential GOP primary challengers, they mean the long-expected battle between Secretary of State Ken Blackwell, Auditor Betty Montgomery, and Attorney General Jim Petro is likely inevitable. The May 2, 2006 primary is now just 496 days away. Let the games begin!

NEW VOTERS LEAVE COURT BALLOTS BLANK
The Ohio Chamber and the business community can and should take ample pride in our 2004 get-out-the-vote efforts, which contributed to a surge in overall voter turnout in the state, the successful election of all three Ohio Supreme Court candidates endorsed by the Ohio Chamber of Commerce Political Action Committee and, at least indirectly, the capture of the state’s 20 electoral votes by Pres. George W. Bush.

However, the surge in turnout – there were in excess of 900,000 more votes cast in 2004 than in 2000 and almost 2.4 million more than in 2002 – also reversed a favorable trend that had seen ballot fall-off in Supreme Court races drop in three successive election cycles.

Ballot fall-off is a comparison between the number of votes cast in a Supreme Court race compared with the number cast for whatever office, be it president or governor, that is at the top of the ballot in a given year.

It was with the publication of the first P.a.C.E. Business Evaluation of the Ohio Supreme Court in 1995 that the Ohio Chamber began the process of educating businesses about the impact the high court’s decisions were having on our economic climate and the subsequent need to change the composition of the court.

In the elections of 1996, ballot fall-off was almost 25 percent, i.e. one-in-four voters that voted that year for president didn’t vote in the races for Ohio Supreme Court. Following seven years of intense effort and organization by the business community, that number dropped to a low of just nine percent in 2002.

This year, ballot fall-off jumped back up to 23 percent. The chart below shows ballot fall-off in Ohio Supreme Court elections dating back to 1980.

While the 2004 elections may well have been an anomaly in terms of voter turnout, it is clear that, despite the successes business-supported Ohio Supreme Court candidates have had in the last two elections, the need to continue to educate Ohioans about the role and importance of the court has not diminished.

DEMOCRATS SCORE BIG VICTORIES AT APPEALS COURT LEVEL
In our October 23, 2003 issue of The Political Edge, we examined how Ohio’s courts of appeals serve as the “farm team” feeding the Ohio Supreme Court. Of the 100 candidates who were on the General Election ballot running for the Supreme Court between 1968 and 2004, a total of 53 had appeals court experience.

Beyond the fact that they are prime breeding grounds for Ohio Supreme Court candidates, the appeals courts are important to Ohio businesses. They’re important because court of appeals judges issue rulings that often set precedents the Supreme Court adopts in its opinions.

Ohio Courts of Appeals have appellate review jurisdiction of judgments from common pleas, county, and municipal courts, as well as from the Board of Tax Appeals. They also have original jurisdiction in select cases.

Ohio has 12 district courts of appeals encompassing a total of 68 judges. In 2004, there were elections for 26 of the 68 seats, and 16 of these were uncontested. Though Republican judges won 16 of the 26, including seven of the ten contested races, Democrats still managed to score a net pickup of four seats. The GOP now controls 38 of the 68 seats, down from 42 previously.

Democrats captured open seats formerly held by Republicans in the Sixth District (which includes Lucas County and seven other counties in northwestern Ohio) and in the Eighth District (Cuyahoga County). They also knocked off two incumbents. In the Eighth District, Mary Eileen Kilbane defeated Judge Michael J. Corrigan, who was seeking his second term. Kilbane prevailed with 55 percent of the vote. In the Ninth District (which includes Lorain, Medina, Summit, and Wayne Counties), Carla Moore ousted appointed Judge Edna Boyle in a three-way race by capturing 47%. Boyle was appointed earlier this year by Gov. Bob Taft to fill a vacancy.

Republicans now have majorities in seven of the 12 districts. Democrats captured the majority on the five-member Sixth District Court of Appeals with William Skow’s open seat victory. Moore’s victory in the Ninth District means she will be the only Democrat on that five-member court. Republicans still hold all of the seats in the Third, Fourth, and Twelfth Districts.