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By Matt Reed
Associated Press writer
POSTED: 08:44 a.m. EDT, May 21, 2008
COLUMBUS: The state ban on issue ads that mention political candidates by name within 30 days of an election should be overturned because it violates the First Amendment, an anti-abortion group said in a federal lawsuit filed Tuesday.
The U.S. District Court should either permanently or temporarily stop enforcement of the ban on broadcast ads so that the Ohio Right to Life Society can fully participate in this fall's election, the group said in the lawsuit against the Ohio Elections Commission and Secretary of State Jennifer Brunner.
''Ohio Right to Life is presently not permitted to advocate for an issue when voters are most engaged,'' said Mike Gonidakis, Ohio Right to Life's executive director. ''Such a speech blackout period is entirely contrary to the First Amendment and harms grass-roots organizations of all ideologies.''
The ban was included in a campaign finance bill passed by lawmakers in a special session in December 2004.
Ohio Right to Life pointed to a U.S. Supreme Court ruling last June in a similar case. The 5-4 decision upheld an appeals court ruling that said a Wisconsin anti-abortion group should have been allowed to air ads during the two months before the 2004 elections.
The court said the federal law challenged in the case unreasonably limits speech and violates the group's First Amendment rights.
The federal law, a provision in the 2002 campaign finance act, banned corporations and unions from paying for political ''issue ads'' that mention a candidate for federal office within 60 days of a federal election and 30 days of a primary or caucus.
Ohio's provision bans unions, nonprofit organizations and corporations from airing broadcast ads that include the names of candidates within 30 days of an election, said William Todd, a lawyer and Republican insider who filed the lawsuit for Ohio Right to Life.
''We got into this circumstance because the Ohio General Assembly crafted this law that was nonsensical,'' said Catherine Turcer, an elections specialist at Ohio Citizen Action, a nonprofit good-government group. ''When we craft campaign finance regulations, we need to be very careful of preserving First Amendment rights. And it is a surprisingly tremendous challenge.''
The Ohio Elections Commission will be prepared to fully defend the law, said Philip Richter, the commission's executive director.
Brunner's office is reviewing the lawsuit, and the attorney general's office is preparing a response, Brunner spokesman Jeff Ortega said.
Ohio Right to Life said it hopes to air television and radio ads this year on the state Senate's proposed ban on human cloning. Ads would mention Republican Senate President Bill Harris of Ashland, Republican state Sen. Steve Buehrer of Delta, the bill's sponsor, and other senators, the group said in the lawsuit.
Other ads from the group would mention state Sen. Steve Stivers of Columbus and state Sen. Kirk Schuring of Canton, Right to Life said. Both Republicans are running in competitive races for U.S. House seats.
COLUMBUS: The state ban on issue ads that mention political candidates by name within 30 days of an election should be overturned because it violates the First Amendment, an anti-abortion group said in a federal lawsuit filed Tuesday.
The U.S. District Court should either permanently or temporarily stop enforcement of the ban on broadcast ads so that the Ohio Right to Life Society can fully participate in this fall's election, the group said in the lawsuit against the Ohio Elections Commission and Secretary of State Jennifer Brunner.
''Ohio Right to Life is presently not permitted to advocate for an issue when voters are most engaged,'' said Mike Gonidakis, Ohio Right to Life's executive director. ''Such a speech blackout period is entirely contrary to the First Amendment and harms grass-roots organizations of all ideologies.''
The ban was included in a campaign finance bill passed by lawmakers in a special session in December 2004.
Ohio Right to Life pointed to a U.S. Supreme Court ruling last June in a similar case. The 5-4 decision upheld an appeals court ruling that said a Wisconsin anti-abortion group should have been allowed to air ads during the two months before the 2004 elections.
The court said the federal law challenged in the case unreasonably limits speech and violates the group's First Amendment rights.
The federal law, a provision in the 2002 campaign finance act, banned corporations and unions from paying for political ''issue ads'' that mention a candidate for federal office within 60 days of a federal election and 30 days of a primary or caucus.
Ohio's provision bans unions, nonprofit organizations and corporations from airing broadcast ads that include the names of candidates within 30 days of an election, said William Todd, a lawyer and Republican insider who filed the lawsuit for Ohio Right to Life.
''We got into this circumstance because the Ohio General Assembly crafted this law that was nonsensical,'' said Catherine Turcer, an elections specialist at Ohio Citizen Action, a nonprofit good-government group. ''When we craft campaign finance regulations, we need to be very careful of preserving First Amendment rights. And it is a surprisingly tremendous challenge.''
The Ohio Elections Commission will be prepared to fully defend the law, said Philip Richter, the commission's executive director.
Brunner's office is reviewing the lawsuit, and the attorney general's office is preparing a response, Brunner spokesman Jeff Ortega said.
Ohio Right to Life said it hopes to air television and radio ads this year on the state Senate's proposed ban on human cloning. Ads would mention Republican Senate President Bill Harris of Ashland, Republican state Sen. Steve Buehrer of Delta, the bill's sponsor, and other senators, the group said in the lawsuit.
Other ads from the group would mention state Sen. Steve Stivers of Columbus and state Sen. Kirk Schuring of Canton, Right to Life said. Both Republicans are running in competitive races for U.S. House seats.
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