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Tuesday, October 17, 2000

COLUMBUS--Gov. Bob Taft has been making fund-raising phone calls on behalf of a pro-business group formed to "educate" the public about the "anti-business" record of Ohio Supreme Court Justice Alice Robie Resnick, a Democrat engaged in a tough re-election campaign, the Dayton Daily News has learned.

Taft acknowledged making the calls. He said supporting the group, Citizens for a Strong Ohio, is part of his effort to improve the business climate and create jobs in Ohio.

The group, formed by the Ohio Chamber of Commerce, does not have to report who its contributors are or how much they give. It cannot directly advocate the election or defeat of a candidate but can educate voters on the issues.

The group has been airing a 30-second television ad statewide, including in Dayton, linking Resnick's voting record to contributions from trial attorneys. The ad asks the question "Is Justice for Sale in Ohio?"

"They (the group) should follow the law. They are following the law," Taft said in an interview with the Daily News.

Citizens for a Strong Ohio was formed under the federal Internal Revenue Code as a tax-exempt organization. The code defines such groups as "civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare ..."

Supreme Court-imposed spending limits on judicial races have been ruled unconstitutional. However, Resnick and her Republican opponent, Cleveland-area appellate Judge Terrence O'Donnell, agreed to abide by the limits for this election. The limits--$500,000 plus $50,000 to pay for fund-raising activities--amount to "an incumbent protection plan," said Taft.

"With $550,000, it's very hard for someone who is not already known statewide to get known," Taft said. "I think under those circumstances, other avenues of support are appropriate, almost necessary, if you're going to have a competitive race."

Taft declined to be specific about his requests or how much donors were asked to give.

"I've encouraged some people to give," Taft said. "But it's to give within their means. It's not a certain number. It's what they can afford to do. What I do is make the case that this is an important race for Ohio's future, for our ability to retain and attract jobs."

Resnick wrote the majority opinion in last year's 4-3 decision throwing out a state law limiting monetary awards in personal injury, medical malpractice and other civil lawsuits and that also granted businesses protection against being sued.

She also wrote the majority decision in the 4-3 decision ruling Ohio's school funding system unconstitutional.

Taft's role in the group's fund-raising efforts drew criticism from Steve Bennett, a political scientist at the University of Cincinnati in Taft's hometown.

"These things have a bad smell to them," said Bennett, a registered Republican. "I would think Gov. Taft would have more sense than that."

While such groups are not illegal, "it doesn't look good at all," Bennett said.

"I thought Bob Taft was kind of squeaky (clean), especially with his family name, but I guess I was wrong," Bennett said.

Larry Sabato, director of the Center for Government Studies at the University of Virginia, said formation of such groups is the result of attempts to limit campaign spending.

A federal judge in Cleveland ruled the spending limits in judicial races unconstitutional, but an appeal is expected and the Supreme Court candidates have agreed to abide by the limits this year.

"I'm opposed to spending limits because they produce devices just like this," said Sabato. "I think many of the reformers are on the wrong track. They have the right motives but the road to hell is paved with good intentions. This is a classic example."

Taft is right when he says the spending limits protect incumbents, Sabato said.

However, as a former Ohio secretary of state--the state's top elections officer--Taft "ought to be in favor of full disclosure," said Sabato.

The Democratic and Republican parties and political action committees formed to support the candidates have to disclose contributors and how they spend their money.