Ohio Democrats plan to challenge Jack Ford's independent run for Senate

Gongwer-Ohio is reporting that Democrats will file a challenge to get former Toledo mayor and current city councilman Jack Ford off the ballot. He is running as an independent against Sen. Edna Brown in the November election.

Jack Ford

The issue, Democrats say, is that Ford voted in the Democrat primary AFTER he filed his Senate candidacy petitions as an independent. They worry that the three-way race could split the Democrat vote in the traditionally Democrat district and allow Republican Ernest McCarthy to win the seat.

Here is the Gongwer story:

Democrats are preparing to file a challenge to get former Toledo Mayor Jack Ford off the ballot in his race for the Senate, where he is running as an independent against Sen. Edna Brown.

The party is concerned that Mr. Ford, a former House minority leader who currently serves as an at-large Toledo city councilman, could split the Democratic vote and hand the 11th Senate District to Republican Ernest McCarthy.

At a minimum, his entry into the race could force the Senate Democratic Caucus to spend money in a district where it otherwise wouldn't likely have to devote a significant amount of resources.

Senate Minority Leader Joe Schiavoni (D-Boardman) said Mr. Ford was trying to get around Ohio law that requires candidates of the same party to square off in a primary election.

"You can't circumvent the system to try to make it more convenient for you. And in my opinion, that's what he's currently trying to do," he said in an interview Friday.

Sen. Schiavoni said Mr. Ford voted in the most recent Democratic primary election after filing his Senate candidacy petitions as an independent.

Mr. Ford couldn't be reached for comment before deadline.

Independent candidates have had success at the Toledo ballot box in recent years. Current Mayor D. Michael Collins and his predecessor Michael Bell both ran as independents.

No formal candidacy protest has yet been filed with the Lucas County Board of Elections and any such challenge will have to come from a registered voter in the district.

Sen. Schiavoni said the caucus might help pay for the legal expenses to help protect Sen.

State Sen. Edna Brown

Brown (D-Toledo).

"We have an incumbent state senator that's worked incredibly hard, is being challenged by another Democrat that did not want to run in a Democratic primary. So he's trying to circumvent the system to go in as an independent. That's illegal and we're trying to protect Sen. Brown," he said.

The law requires candidacy protests to be filed with elections officials by July 30. For legislative races, county boards of election hear the case and determine the validity of the candidate's petition.

One complicating factor, however, is the fact that Secretary of State Jon Husted recently removed three of the Lucas County Board of Elections' four members after years of what he called "a deep-rooted culture of dysfunction." Earlier this week, he rejected the local Republican Party's two recommended replacements and is still awaiting a nomination from Democrats.

Sen. Schiavoni acknowledged that Mr. Ford has good name recognition after decades of running for various offices in the district.

Sen. Brown won 60% of the vote in a two-way race in 2010. The addition of a well-known third-party candidate is a serious threat to her re-election in a district that was previously considered safe for Democrats.

Panel dismisses election complaint over Stainbrook, Gallagher flyer

The Ohio Election Commission dismissed a complaint from Ohio Citizens PAC that charged the Ohio Republican Party with making a false statement on flyers supporting Jon Stainbrook and Meghan Gallager (and others) for state central committee.

The flyers said that elected the two would "stop Obamacare." Ohio Citizen PAC said that was false. The dismissal came from the OEC's probable cause panel.

In filing the complaint, Tom Zawistowski, president of the PAC, said the statement was "clearly an intentional attempt to mislead voters by make a false claim of some legislative authority being held by Republican State Central Committee members, which simply does not exist."

OEC Executive Director Phil Richter recommended the dismissal as not rising to the level of a false statement, Gongwer reported. The panel agreed that there was no probable cause to believe the statement would be found to be false and dismissed the case.

Federal judge issues preliminary injunction against new Ohio law limiting minor parties

Writing for Ohio Watchdog, I've previously covered the so-called Gov. John Kasich reelection protection act, also known as Senate Bill 193 which would impose stricter requirements on minor political parties in the state.

The Ohio Libertarian Party opposed the law and filed suit in federal court to stop it from taking effect for the 2014 elections.

Today, Judge Michael Watson of the U.S. District Court for the Southern District of Ohio issued a preliminary injunction against the law.

Here is the press release from the Ohio Libertarian Party:

COLUMBUS—An Ohio law known as the “John Kasich Re-election Protection Act” will not be able to ban the Libertarian Party and other so-called “minor” parties from the 2014 ballot, a federal judge ruled Tuesday.

The preliminary injunction in Libertarian Party of Ohio v. Husted blocks the state of Ohio “from retroactively applying SB 193 to Ohio’s 2014 primary and general elections.”

Political analysts from Ohio and across the nation have speculated that SB 193 was designed to protect Kasich’s 2014 re-election chances against a challenge from Libertarian Charile Earl, a former state legislator who is very popular with liberty-oriented and Tea Party groups in Ohio angered by Kasich’s support for Obamacare, his crony capitalism, and lack of fiscal responsibility.

The ruling from Judge Michael H. Watson of the United States District Court for the Southern District of Ohio means that challenger parties in Ohio will be allowed to continue to participate in the 2014 election cycle without being forced to comply with the several onerous “party formation” requirements mandated by SB 193.

“Once again, the courts stand with us and with the First Amendment rights of all Ohioans to political freedom and suffrage in Ohio,” said Kevin Knedler, chair of the LPO executive committee. “The foundation of a democratic society is the right to vote and to have real choices on the ballot. A lot of voters—especially young voters—refuse to be put in either the Republican or Democrat boxes, and the Libertarian Party offers a true alternative for voters who want individual freedom in every area of life.”

Tuesday’s victory is the fourth in federal court for the LPO since 2006, when LPO v. Blackwell struck down a ballot law concerning "minor" political parties. The LPO won two more federal court fights over ballot access before SB 193 was passed, while consistently, but unsuccessfully, lobbying the state legislature for a fair election law.

State attorneys may appeal Tuesday’s ruling, Knedler said, but “they would have almost no chance of winning” less than a month before the February 5 deadline by which petitions are due for candidates running in the May 5 primary.

Kasich signed SB 193 in November after it was rushed through both houses of the Ohio legislature with all but a handful of GOP legislators voting for it. In the several hearings on the bill in both houses, no one testified in favor of SB 193, save the bill’s sponsor, Republican Senator Bill Seitz.

“Kasich and the Republican party thought they were silencing the growing liberty movement in Ohio, but now they have one hell of a fight on their hands,” said Aaron Keith Harris, LPO central committee chairman and candidate for secretary of state. “Voters no longer trust them when they pretend to oppose Democrats on issues like health care freedom and the runaway growth of government power over their everyday lives.”

One Libertarian statewide candidate—attorney general hopeful Steven Linnabary—has already submitted his petition, as have several Libertarian state legislature and state central committee candidates.

Libertarian governor candidate Charlie Earl, along with a full slate of statewide candidates and up to 50 other Libertarian candidates across the state will file by February 5, Knedler said.

Kearney out as FitzGerald gubernatorial running mate

Breaking....

Sen. Eric Kearney, the Democratic lieutenant governor running mate for gubernatorial candidate Ed FitzGerald, is off the ticket.

He had resigned his position as Senate minority leader when he was selected as FitzGerald's running mate.

Kearney has been widely criticized for unpaid taxes along with his credit card debt.

Both men said this would be the best move for the campaign.

From their statement:

“It’s undeniable that this has come to be a distraction from a discussion of the vital issues facing Ohio, and the choice voters must make in this election. The stakes are too high: we need a change of leadership to move Ohio in a new direction that puts more Ohioans back to work and builds a better future for our children,” Mr. Kearney said.

“I have discussed this with Ed FitzGerald, and while I will always be grateful for him selecting me to be his running mate, we agree that the best course of action is for me to step aside from the campaign for Lieutenant Governor and focus on serving the people of the Ninth Senate district."

This does not bode well for the FitzGerald campaign and is not the best way to start a campaign. I expect that criticism over the choice, along with the vetting process, will be a continuing issue during the campaign, opening FitzGerald up to questions about how he would perform similar acts if he were elected.

The Ohio Republican Party got in the first dig with this tweet:

"Historians and pundits always say that the first real decision a governor makes is the one of running mate." - Ed FitzGerald

Ouch!

Then they issued this statement attacking FitzGerald and the "disservice" he did to Kearney.

"Ed Fitzgerald has done a huge disservice to Senator Kearney and his family. By failing to fully vet him, FitzGerald put his running mate in an impossible situation for weeks before finally abandoning him in an attempt to save his own campaign. We have learned a lot about FitzGerald and his priorities throughout this entire episode. His lack of judgment and honesty will haunt him for the remainder of this campaign. We still don't know how FitzGerald allowed this to happen, but we know the entire time nothing Ed Fitzgerald or the Ohio Democrats have said has been true. If anyone should leave this race, it's Fitzgerald who is clearly not prepared for statewide office."

It's going to be a long campaign...

Surprise! No Republican wants to run against Kasich

Kasich probably won't face
a primary challenger.

According to various reports and information I've received, it looks like there won't be a primary challenge against Gov. John Kasich.

Despite intense anger from many conservatives and tea party groups, potential candidates are calling it 'political suicide' to challenge the incumbent. And they're probably right.

"If they want to have a future at the party, they're told not to run," Tom Zawistowski, former president of the Ohio Liberty Coalition who was unsuccessful in his bid for GOP state chairman, recently told Gongwer Ohio.

Mounting a primary challenge would require raising significant amounts of money from many of the same people already committed to Kasich. And it's never easy going up against the party's standard bearer, even when the 'bearer' is short on consistency with cord standards and principles.

Which is not to say that incumbents should not face challenges - just that the ideal candidate to do so has to have considerable resources, reputation and support already in place and not have too much to risk if they lose.

Charlie Earl, the gubernatorial candidate from the Libertarian Party, might prove to be an option in the general election for those who just can't pull the lever (yes, an old reference) for Kasich, but I don't think most Republicans will change party affiliation by pulling a Libertarian ballot in the primary.

Of course, it's still early and, as upset as conservatives are with Kasich, he's still a better choice than the Democrat, Ed FitzGerald.

***Side note: I'm headed to Indianapolis for the weekend to participate in the Smart Girl Summit and will try to blog about some of the sessions, especially the ones focusing on culture. ***

Rep. Pillich to run for State Treasurer in 2014

Cincinnati Democrat Rep. Connie Pillich has announced her candidacy for state treasurer in 2014. She'll face incumbent Treasurer Josh Mandel.

“I’m running for Treasurer because working families, small business owners, and seniors need someone who will fight for them. Ohioans deserve a Treasurer who will do the job she was elected to do and will make sure our tax dollars are protected and used wisely,” her press release stated.

Pillich, is an attorney and a veteran of the U.S. Air Force.