Respected Republican Judge Throws Out GOP Campaign Finance Law

The Columbus Dispatch is reporting that Franklin County Common Pleas Judge John Bender, a Republican who used to be legal counsel to Bob Taft when he was Ohio's Secretary of State, has struck down the campaign finance law the GOP passed in late 2006. The bill was passed after the Republicans had lost five out of six state-wide offices. The bill was aimed at curtailing unions from engaging in politics by helping to fund political campaigns.

This paragraph from the Dispatch article explains why Judge Bender struck down the law:

After the bill passed the legislature, the House clerk’s office left out 33 pages of the final bill. It was that incomplete version that was attested to by the House speaker and Senate president, and then signed into law by Gov. Bob Taft.

After the mistake was discovered, Secretary of State Jennifer Brunner let the House clerk substitute the first 33 pages of House Bill 694, even though it already had been filed with her office. The missing text dealt with union contributions; at the time, Brunner said the fixing of clerical errors was permitted in years past.

The unions sued earlier this year. Common Pleas Court Judge John F. Bender said late yesterday the General Assembly passed one bill, but the governor technically signed a different bill.

The bottom line for Bender: The governor can’t sign a bill not passed by the General Assembly, and lawmakers can’t send the governor a bill that they did not pass.

The fact that a Democratic Secretary of State allowed the Republicans to substitute the first 33 pages of the bill's text with her office, but it was then struck down by a Republican judge actually helps any future judicial review of Judge Bender's actions. What also helps is the reputation of John Bender for being a very fair judges and one who carefully considers his decisions.

This doesn't mean that campaign finance is dead in Ohio. What it does mean, if the ruling stands, is that the Republicans controlling the General Assembly won't be able to pass a one-sided bill. Of course, if they can't pass a one-sided bill, maybe they won't want to pass one at all.