Gov. Bob Taft called an anti-Resnick spot improper even though he raised money for it

Thursday, October 26, 2000

Alan Johnson and James Bradshaw
Dispatch Statehouse Reporters

Gov. Bob Taft criticizes an ad bashing Justice Alice Robie Resnick -- even though he raised money for the commercial.

Resnick is accused of violating campaign-spending limits.

Her opponent, Judge Terrence O'Donnell of the Cuyahoga County Court of Appeals, gets a D on disclosing for whom his campaign contributors work.

Just another 24 hours in an increasingly wild contest for a spot on the Ohio Supreme Court.

More anti-Resnick ads are expected to be rolled out by a national "legal-reform'' organization at a news conference this morning.

And the Ohio Elections Commission is to decide whether to reconsider a decision upholding the legality of the original anti-Resnick ad.

The ad implies Resnick tilted the scales of justice because of contributions from trial lawyers.

The legal question is whether it was a campaign ad or an "educational'' ad from an independent issue- advocacy committee that isn't reporting where it gets its money.

Taft is unapologetic for raising money to fuel the TV ad war against Resnick but conceded the ad's tone is "not appropriate.''

The group behind the ad, Citizens for a Strong Ohio, is controlled by the Ohio Chamber of Commerce and is said to have spent more than $3 million on ads to defeat Resnick, who is a Democrat.

"We have a critical situation,'' Taft said, referring to many Republicans and business leaders' complaints that the state's business climate is deteriorating because of Ohio Supreme Court decisions on school funding, insurance and tort reform.

The governor acknowledged making several phone calls to raise money for the campaign. He said he could not recall whom he called but the list was given to him by the Republican Party and the chamber.

Contributors -- including corporations, which are barred from directly contributing in virtually all other Ohio campaigns -- can give unlimited amounts without being publicly identified.

Taft said he supports making such committees disclose their contributors and spending, and would back a "properly worded law'' to that effect.

In a related development, Secretary of State J. Kenneth Blackwell has joined those advocating a law to require financial disclosures by third-party advocacy groups.

But Ohio House Speaker Jo Ann Davidson, R-Reynoldsburg, said yesterday that it would be "fruitless'' to pass legislation restricting issue-advocacy ads. She said the U.S. Supreme Court has ruled that the commercials are protected under freedom-of-speech provisions.

The Ohio Democratic Party is airing response ads in Resnick's defense, which caused Republicans yesterday to accuse her of reneging on a pledge that she, O'Donnell and other court candidates made to spend no more than $500,000 each in the campaign.

Gary Abernathy, spokesman for the Ohio Republican Party, said checks of television ad purchases statewide show Resnick's campaign is spending $525,415 on TV time and the state Democratic Party is spending $301,155 more on ads for her that, under state law, are considered part of her campaign spending.

"When we've talked about the O'Donnell spending, we've always figured in the (Republican) party spending, because that's the law,'' Abernathy said.

Asked whether the citizens group money is being taken into consideration, Abernathy said, "They operate under a whole different set of rules.''

He said O'Donnell has raised considerably more than $500,000. "He's going to have to look at what Resnick's done and say, 'Does this open the barn door?' She's broken her pledge -- I think we all have to evaluate what we do now.''

Resnick's campaign manager, Keith McCrea, said Republicans are distorting the figures to take attention away from the criticism O'Donnell received for not fully disclosing his contributors' connections.

"A bunch of polluters and insurance companies who don't like her record of standing up for working people is trying to throw her off the court,'' McCrea said.

He said the campaign has not spent $500,000 and what the Democratic Party does is its business.

State Democratic Chairman David J. Leland said Republicans can't have it both ways. He said the U.S. Supreme Court has ruled that political parties can operate as independent committees the same as the citizens group backing O'Donnell.

"We believe in full and open disclosure,'' Leland said. "That's the fundamental difference between what we're doing and what this secret, covert operation is doing.''

The charges and countercharges on spending followed a morning news conference in which Ohio Citizen Action gave O'Donnell a D on complying with campaign-disclosure laws; the three other court candidates received A's.

Laura Yeomans, research director for the nonprofit organization, said O'Donnell failed to list employers for a third of those who contributed at least $100 to his campaign.

His campaign workers have promised to add the information soon, Yeomans said. "Our comment is that candidates should report that information without a grade and without being told to do so.''

Largely overshadowed in the heat of the Resnick-O'Donnell battle are Republican Justice Deborah L. Cook and Democratic Judge Tim Black of the Hamilton County Municipal Court, who also are competing for a seat on the court.

Yeomans said Resnick's reports included occupations for 99 percent of contributors giving more than $100, Black's 98 percent, and Cook's 92 percent.

She said many of the omissions on O'Donnell's report involved well- known people the campaign should have recognized.

O'Donnell's campaign manager, David Payne, said the omissions were oversights that will be corrected.

Payne said the campaign has a form asking contributors for identifying information but most contributions have come in unsolicited.

Dispatch Statehouse Reporter Lee Leonard and Business Reporter Barnet D. Wolf contributed to this story.

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