Democrats Throw Mud

The Ohio Democratic Party is thinking of filing a complaint that SoS Blackwell broke election law 3599.10 with his May 20, 2004 letter as Honorary Chairman of the Political Action Group "Citizens for Tax-Repeal". The missive asked legislative candidates to pledge their repeal of the sales-tax increase (.pdf file).

The Democrats have not specified whether they think his crime was a felony, misdemeanor, or civil offense. They have not even specified with whom they will file the complaint. In truth, the Democrats do not care what the crime is, just as long as they can incriminate Blackwell in some way. Further, the crime would only be a misdemeanor.

Ohio Revised Code 3599.10 states:

No person, firm, or corporation shall demand of any candidate for the general assembly any pledge concerning his vote on any legislation, question, or proposition that may come before the general assembly; provided that this shall not be understood to prohibit a reasonable inquiry as to such candidate's views on such question or legislation.

Whoever violates this section is guilty of a corrupt practice and shall be fined not less than five hundred nor more than one thousand dollars.

The biased article on the Democratic website, from Joe Hallett of the Cleveland Dispatch, leaves out the law number and the italicized section.

Analysis: According to the wording of the law the tax-repeal law never "came before" the legislature and thus could not be "voted" on by any legislator. Hence, Blackwell is innocent.

Please e-mail the Editor-in-Chief with any questions.