Suit looks to overturn state judicial regulations on fundraising, political affiliation

By Dan Horn • dhorn@enquirer.com • July 28,
2010

Judges, union leaders and the Democratic Party sued in federal court Wednesday to overturn a law that bans Ohio judicial candidates from direct fundraising and disclosing their political affiliation.

The lawsuit claims the state's restrictions violate the free-speech rights of judicial candidates and should be declared unconstitutional.

"If we're going to elect judges, then we need to do it in a way that's fair to everyone," said Al Gerhardstein, the Cincinnati attorney who filed the lawsuit in U.S. District Court. "There are all kinds of ways that you're identified by your party. This effort to hide it from the public serves no governmental purpose, but it does confuse the voter."

The lawsuit comes just two weeks after the U.S. 6th Circuit Court of Appeals in Cincinnati threw out similar laws in Kentucky after determining they violate the First Amendment.

The 6th Circuit, which also covers Ohio, Tennessee and Michigan, could find that its ruling in the Kentucky case also applies to Ohio if the judges conclude election laws in the two states are significantly similar.

Gerhardstein said voters have a right to know as much as possible about the judicial candidates, and the candidates have a First Amendment right to raise money and declare a party affiliation.


Ohio law allows judicial candidates to disclose their affiliation in primary elections, but bars them from doing so in the general election. They also are not permitted to directly solicit donations and must instead set up committees to raise money for them.

"They can win a partisan primary, but they can't put a 'D' or an 'R' next to their name in the general election," Gerhardstein said. "We believe that is fatal under the First Amendment."

He said he hopes Ohio Attorney General Richard Cordray, whose office defends state laws, will recognize the similarity between the Ohio and Kentucky laws and settle the case without going to court. A spokeswoman for Cordray declined comment Wednesday.

Plaintiffs in the case include the American Federation of State, County and Municipal Employees union, two judges and the Ohio Democratic Party. Democrats said they hope Republicans will join them in the suit. A Republican spokesman could not be reached for comment.

From the Cincinnati Enquirer