Testimony on Senate Bill 214, Electioneering Communications

 Before the Ohio Senate State and Local Government and Veterans Affairs Committee
The Honorable Kevin Coughlin, Chair

 April 20, 2004

Catherine Turcer, Legislative Director
Ohio Citizen Action

 My name is Catherine Turcer and I am the legislative director for Ohio Citizen Action. Founded in 1975, Ohio Citizen Action is a non-profit, non-partisan organization with 100,000 dues-paying members. The Ohio Citizen Action Education Fund, formerly the Citizens Policy Center, has been producing money and politics studies since 1994. I am the author of a number of money and politics studies including the Run for the Money and 2002 Contributions to Candidates for Justice of the Ohio Supreme Court. I also serve on the Chief Justice's Disclosure Working Group and the Voter Guide and Public Financing Committee.

Ohio Citizen Action has been a strong advocate for full disclosure so that Ohioans can see the economic and policy interests behind the dollars. Timely disclosure of political dollars is the most effective way to keep voters informed, and therefore more active. Strong disclosure improves accountability and reduces corruption.

Recommendations to improve Senate Bill 214

 Full Disclosure

 Full disclosure must include the name of the employer, as well as the name and address so that we can track the economic and policy interests of contributors.

Clarification of "person"

 The addition of the word "person" through out the bill seems to allow an introduction of corporate revenues for financing "electioneering communication." Because "person" is a gray area and can be humans or corporations, a reference to the definition of person related to elections [Ohio Revised Code Section 3517.01 (B) 17 (a)] would clearly state that contributions for electioneering communications are not permitted from corporate or union treasuries.

Clarification of "political committee"

 The definition of political committee is overly broad so that it could simply be any segregated fund. Also, there are no responsibilities for political committees defined in the bill. The committee is not required to file designation of treasurer.

Disclaimer requirements for political committees

 Senate Bill 214 does not include a disclaimer requirement for political committees. This disclaimer at the end of advertisements is essential so that the viewer and the press can connect the political committee with the filing at the Secretary of State. Otherwise an ad could run without a disclaimer and it would be up to the Secretary of State and the press to "connect the dots."

Contributor information only necessary from funds directly related to electioneering

 Senate Bill 214 requires contributor information for those who give to a segregated bank account and then requires contributor information for those who give in any other way or non-segregated accounts. This is problematic because membership protection for organizations is essential. Imagine a Gay and Lesbian Rights Coalition deciding to run a political advertisement. Those who contribute to the segregated fund should properly disclose their contributions. However, there should be protections for those who want to be involved or members of the organization but are not ready to be "out." Only those who contributed to the production and distribution costs of electioneering communication need to be identified.

We have strong membership protection under the U.S. Constitution. In 1987, following a long campaign against tort reform, Ohio Citizen Action was targeted by then Speaker of the House Vern Riffe. Legislation was passed that required the names of contributors to canvass-based organizations be turned over to the Ohio Secretary of State [Ohio Revised Code Section 3517.091]. This went into effect in October 1987 and was declared unconstitutional in February 1988.

This bill is meant to be very narrow and there are many other ways to improve Ohioans' access to information. It is my hope that the discussions associated with this bill will foster opportunities for improved disclosure in the next general assembly. Thank you very much for your time.


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