Constitutional Law

Ohio deal frees up political ads near elections

By By The Associated Press

COLUMBUS, Ohio ? An agreement between Ohio elections officials and an anti-abortion group voids a state ban that kept corporations and unions from funding broadcast ads in support of specific candidates within 30 days of an election.

The agreement reached Sept. 15 in U.S. District Court in Columbus settles part of a 2008 lawsuit brought by Ohio Right to Life Society Inc. against the Ohio Elections Commission and Secretary of State Jennifer Brunner, alleging that the ban against such independent expenditures violated the First Amendment. The agreement follows the U.S. Supreme Court decision Citizens United v. Federal Election Commission, which struck down a similar federal ban.

"This is a game-changer for Ohio," Mike Gonidakis, Ohio Right to Life executive director, told The Columbus Dispatch. "We couldn't use the resources we had at our disposal. Now, it allows us to hopefully impact the election this fall."

Brunner told the newspaper that the state law became unenforceable after the Supreme Court ruling last January. In Citizens United, the Court struck down part of the landmark McCain-Feingold campaign-finance law that barred union- and corporate-paid issue ads in the closing days of election campaigns.

In the consent decree issued Sept. 15 by U.S. District Judge George C. Smith, the parties and the court agreed that the Ohio ban on such spending was unconstitutional.

"It's turning into the Wild West" because legislators have not regulated political spending by corporations, she said.

Philip Richter, Ohio Elections Commission executive director, says he's unsure how big an impact the agreement will have.

"I just don't see it being this massive infusion of cash from corporations," he said.

Ohio's ban was included in a campaign-finance bill passed by lawmakers in a special session in December 2004.

The agreement reached Sept. 15 also allows businesses and unions to more broadly "make independent expenditures for or in aid of candidate elections."

Full post as published by First Amendment Center on September 16, 2010 (boomark / email).