“The Nuts and Bolts of Ohio Campaign Finance” Thursday October 26, 2017

Thursday October 26, 2017
“The Nuts and Bolts of Ohio Campaign Finance”
Flyer here

  
Donald C. Brey                                        Donald J. McTigue

Session #1: Ohio Campaign Spending/Finance Laws
▪ Donald C. Brey, Taft Stettinius & Hollister LLP
▪ Donald J. McTigue, McTigue and Colombo

 
Catherine Turcer                  Cyndra Miller-Cole

Session #2: Alternative Campaign Funding Models Current Used in Other States and Communities
▪ Catherine Turcer, Common Cause Ohio
▪ Cyndra Miller-Cole,  The Ray C. Bliss Institute of Applied Politics, The University of Akron

Cleveland-Marshall College of Law Moot Court Room,
1801 Euclid Avenue, Cleveland 44115
9:30am-11:30am Free and Open to the Public.
CLE credit available for $30. Register for CLE here with CMBA

Program cosponsored by Cleveland-Marshall College of Law, Cleveland Metropolitan Bar Association and the League of Women Voters-Greater Cleveland

A brief history of the Ohio income tax by Michael F. Curtin February 15, 2017


 

A brief history of the Ohio income tax
by Michael F. Curtin

Gov. John Kasich keeps swinging his ax at Ohio’s state income tax.

When he launched his 2010 campaign, Kasich revealed a dream of abolishing the tax. He won’t accomplish that, but his fourth and final budget proposal represents his fourth consecutive whack at it.

“We’ll march over time to destroy that income tax that has sucked vitality out of this state,” Kasich declared at his 2010 campaign kickoff.

The nexus between Ohio’s income tax and its economic fortunes is questionable. Forty-three states have income taxes. As of 2014, Ohio’s per-capita income-tax burden ranked 34th, says the conservative Tax Foundation.

In the modern era, conservatives argue the tax punishes initiative and slows economic growth. Progressives defend graduated income taxes as essential for reducing the average Joe’s overall tax burden.

This ideological fault line didn’t always exist. In the early 1900s, as the Progressive Era gained steam, federal and state leaders — Democrats and Republicans — simultaneously took interest in the idea of taxing incomes.

In September 1906, Republican Gov. Andrew L. Harris appointed a five-man tax commission “to investigate the tax laws of this state and to make recommendations for their improvement.”

In June 1909, President William Howard Taft, a Republican, proposed a constitutional amendment giving Congress the power to levy income taxes; the amendment was ratified in 1913.

The work of Ohio’s tax commission prompted delegates to the state’s 1912 constitutional convention to consider a state income tax. The question was put to Ohio voters that September. By a 52-48 vote, Ohioans authorized the General Assembly to consider income taxes, with uniform or graduated rates.

The General Assembly was not quick to use this authority. As the 20th century unfolded, the state looked elsewhere for revenues. In response to needs created by the Great Depression, in 1934 Ohio enacted a statewide sales tax of 3 percent. In 1967, it was raised to 4 percent.

However, pressures for an income-tax increased throughout the 1960s. In 1962, Tax Commissioner Stanley J. Bowers predicted Ohio would need an income tax within five years, primarily to relieve excessive burdens placed on real estate and personal property.

In 1968, a tax-study committee led by state Rep. Albert H. Sealy, R-Dayton, held 24 hearings across the state. Business interests, led by the Ohio Farm Bureau, the Ohio Contractors Association and the Ohio Hardware Association, voiced support for an income tax to offset the hated personal-property tax, which bore no relation to profitability.

In December 1971, after a half-century of buildup, Democratic Gov. John J. Gilligan and a Republican legislature adopted a state income tax, with rates ranging from 0.5 to 3.5 percent. The Republican game plan was to give Gilligan just enough votes to pass the tax, then clobber him with it in 1974.

When conservatives led by state Rep. Robert Netzley qualified a repeal for the November 1972 ballot, Ohio Republican Chairman John Andrews worked behind the scenes in opposition. The Ohio GOP platform that year remained silent on the issue. The repeal failed by more than 2 to 1. There were many reasons for Gilligan’s subsequent defeat, but the GOP tax strategy was pivotal.

The 1981-82 recession prompted Republican Gov. James Rhodes — a master of the “temporary tax” — to win approval of a 50 percent increase in the income tax. His successor, Democrat Richard Celeste, solidified it, adding another 40 percent over pre-1982 levels.

Those increases prompted another repeal effort, this time led by conservative state Sen. Thomas Van Meter. The repeal failed, 56-44.In 1984, for the first time, state income-tax collections surpassed sales-tax collections. By 2005, income-tax revenues accounted for nearly half of all state revenues, far outpacing the sales tax.Since then, the tide has run in the other direction. Under Govs. Bob Taft (1999-2007) and Kasich (2011-present), state income-tax rates have been slashed 30 percent. Sales-tax collections now far outpace income-tax revenues.

Kasich hopes to accelerate that trend, proposing a 17 percent reduction in income taxes, offset by increasing the sales tax to 6.25 percent, from 5.75 percent.

But even with Republican supermajorities in the House and Senate, Kasich might find a shortage of fellow ax wielders. Over time, the income tax comes in handy.

This piece originally ran in the Columbus Dispatch on Wednesday February 15, 2017

Columbus native Michael F. Curtin was formerly a Democratic Representative (2012-2016) from the 17th Ohio House District (west and south sides of Columbus). He had a 38-year journalism career with the Columbus Dispatch, most devoted to coverage of local and state government and politics. Mr. Curtin is author of The Ohio Politics Almanac, first and second editions (KSU Press). Finally, he is a licensed umpire, Ohio High School Athletic Association (baseball and fastpitch softball).

 

“Voter Registration in Ohio” by Michael Curtin

The pdf is here

i-heart-voting-ohio-sticker

Voter Registration in Ohio

By Michael Curtin

Ohio has 9.3 million eligible voters, of whom 7.7 million are registered to vote in the Nov. 8, 2016 election.

Secretary of State Jon Husted has mailed notices to the 1.6 million eligible but unregistered Ohioans that they have until Oct. 11 to register for this year’s hotly-contested presidential election.

With so much attention given voter registration today, it might surprise many Ohioans to learn that, prior to 1978, our state did not have a statewide registration requirement.

From adoption of Ohio’s first voter registration law in 1885, it took 93 years for the state to adopt legislation that applied the same standard across all 88 counties.

Three decades into statehood, Ohio lawmakers began debating the need for a voter registration law. However, in 1837, the House Judiciary Committee recommended against it because it would be “impracticable in a new and rapidly settling country” where the population was constantly changing, wrote David M. Gold, author of Democracy in Session: A History of the Ohio General Assembly.

Without registration requirements, voters simply showed up at their neighborhood polling place, signed and addressed poll books, and showed a piece of identification when requested.

Like many states, Ohio grew more serious about voter registration after the Civil War, as large numbers of citizens moved from farms to cities.

On May 4, 1885, the legislature passed a law requiring registration of voters in Ohio’s two largest cities – Cincinnati and Cleveland.

The law required the two cities to create wards containing no more than 300 voters in each, and to appoint “voter registers” – one from each major party in each precinct – to supervise registration. Those registering were required to list name, address, age and marital status.

However, eight months later, the Ohio Supreme Court declared the law unconstitutional because it provided only seven days for registration.

The court ruled the General Assembly has the power to adopt a registration law, but not one so restrictive.

“There is no provision for registering at pleasure during the earlier part of the year, and no provision for providing his qualifications on election day and voting,” the court reasoned. “How many mechanics may be absent pursuing their trades during the seven days!”

The court laid down a balancing test that Ohio has struggled to meet ever since: “We believe it is an easy task to frame a registry law that, while protecting the election from fraudulent votes, and securing the integrity of the ballot, will in no practical way impede or injuriously restrain the constitutional right of the voter,” the court instructed.

The next year, the legislature passed a law giving control of elections in Ohio’s major cities to boards of elections.

The General Assembly also began to set population thresholds at which cities would be required to register voters, allowing local boards of elections to determine the length of registration periods.

For much of the 20th century, voter registration was not required until a municipality reached a population of 16,000.

In larger population counties, municipal boards of elections gradually were consolidated into county boards of elections.

However, as recently as 1952, only 17 of Ohio’s 88 counties were “full registration” counties, and an additional 18 were “partial registration” counties. That left 53 counties without any registration requirement.

By 1972, 53 counties had adopted countywide registration, seven had partial registration, and 28 still had no registration requirements.

Perhaps the biggest voter registration fight in Ohio history occurred in 1977. In control of both houses of the General Assembly, Democrats overrode a veto by Republican Gov. James A. Rhodes and enacted legislation establishing election-day and permanent registration statewide. The law removed a 30-day precinct and county residency requirement.

At the time, boards of elections in registration counties removed people from the voting rolls if they failed to vote in any election for two successive years.

Such voters would be mailed postcards informing them of the need to re-register – in person.

Republicans wasted no time in challenging the law. The GOP led an initiative petition campaign, gathering 365,985 valid signatures to place what became State Issue 1 on the Nov. 8, 1977 ballot.

Approved by a 62-38 ratio, the amendment repealed election-day and permanent registration, established a 30-day, statewide registration requirement effective in 1978, and required re-registration if a voter failed to vote at least once in a four-year period.

For the first time, Ohio had a standard statewide voter registration requirement, effective for the Nov. 7, 1978 election.

As of Jan. 1, 1979, the Ohio secretary of state was required to maintain a master list of registered voters, compiled from the 88 county boards of elections. The state also began allowing registration by mail.

Earlier this year, the General Assembly approved a bill to provide for online voter registration and re-registration. However, the law does not take effect until next year.

The march of technology almost certainly ensures an ongoing debate over how best to balance an unrestrained right to vote with ballot integrity.

Curtis B. Gans, the co-founder and longtime director of the Center for the Study of the American Electorate, who died last year, in 2009 urged Congress to consider the merits of government-issued, biometric ID cards for everyone 18 and over.

Such cards, Gans reasoned, not only would eliminate the need for state-by-state voter registration, but could ensure a fully accurate federal census, and provide secure ID for medical records, Social Security, Medicare, driver’s licenses and more.

Columbus native Michael F. Curtin is currently a Democratic Representative (first elected 2012) from the 17th Ohio House District (west and south sides of Columbus). He had a 38-year journalism career with the Columbus Dispatch, most devoted to coverage of local and state government and politics. Mr. Curtin is author of The Ohio Politics Almanac, first and second editions (KSU Press). Finally, he is a licensed umpire, Ohio High School Athletic Association (baseball and fastpitch softball).

Ohio aggregation

1 How Diverse is Ohio? (Video)
2 Ohio presidential election results since 1960: Statistical Snapshot (Plain Dealer 9/3/12)
3 Ohio Politics & Election News from the Plain Dealer
4 2015 State of the State Speech
5 The State of Ohio from WVIZ/Ideastream
6 Statehouse News Bureau from WVIZ/Ideastream
7 Thomas Worthington: Father of Ohio Statehood
8 “Ohio: 200 Years” Documentary by PBS
9 Columbus: Campaign Memorabilia. Video from CSPAN
10 Columbus: The Ohio Statehouse. Video from CSPAN

“Gerrymandering. The art of fixing elections” by Michael F. Curtin

The pdf is here

Ohio Congressional Districts “Disaggregated” 2012-2022

Gerrymandering. The art of fixing elections 

by Michael F. Curtin

On Nov. 3, 2015, Ohioans voted to end the blatant gerrymandering of the state’s 132 state legislative districts – 33 Ohio Senate districts and 99 Ohio House districts.

This welcome opportunity arrived because, in December 2014 – after many decades of partisan stalemate – Democrats and Republicans in the Ohio General Assembly forged a compromise plan to put before Ohio voters.

Unfortunately, the lawmakers stopped short of putting forth a companion plan for ending the gerrymandering of Ohio’s 16 congressional districts.

Ohio is one of many states in which good-government organizations for decades have been advocating an end to gerrymandering – the art of drawing meandering, misshapen districts to ensure noncompetitive elections and, as a result, one-party dominance that ignores overall vote totals.

The U.S. Constitution, to ensure equal representation by population, requires congressional and state legislative districts be redrawn once every 10 years after completion of a new U.S. Census.

Over the decades, both major parties in Ohio and other states – when in control of the offices that draw the maps – have abused their authority.

In 2010, Democrats in control of the Ohio House of Representatives shunned a widely-acclaimed reform plan approved by the Republican- controlled Ohio Senate. Why? Because Democrats then controlled the offices of governor and secretary of state, and wrongly assumed they would retain control after the November 2010 elections.

Over time, especially with the advent of computers and sophisticated map-making software, the abuses have become more and more flagrant. As a result, at no time in Ohio history have the congressional and state legislative maps been as blatantly gerrymandered as the maps now in place until the 2022 elections.

For example, one of the most bizarre districts in American history is Ohio’s 9th Congressional District, which snakes across the Lake Erie shoreline from Toledo to Cleveland.

When it comes to our collective attempts to foster good government – honest, open, responsible government – there have been few barriers as persistent, as corrosive and as detrimental to that goal as the blatant gerrymandering of congressional and state legislative districts.

We have known this for a long time.

When John Adams, in 1780, was writing the Constitution of Massachusetts, he called for the creation of compact, contiguous districts that would not unduly split towns or wards, and that would protect communities of interest.

Despite Adams’ warnings, by 1811 political opportunism trumped political piety in that state.

That occurred when Massachusetts Gov. Elbridge Gerry (pronounced GARY) went along with members of his party and signed a redistricting bill to favor the Democratic-Republicans and to weaken the Federalists – even though the Federalists, as the majority party, collected nearly two-thirds of the votes cast in the next election.

GARY-mandering was born; the pronunciation later morphed into “JERRY-mandering.”

Massachusetts was left with many odd-shaped congressional districts, and the practice of gerrymandering was off to the races.

The practice was no stranger to Ohio.

In the late 1870s and into the 1880s, Ohio politicians redrew our state’s congressional district lines six times in seven election cycles.

One of Ohio’s most famous politicians, William McKinley, in 1890 lost re-election to Congress primarily because of gerrymandering.

The following year – 1891 – statewide elections in those days were in odd-numbered years – McKinley was elected governor of Ohio. In his inaugural address of January 1892, he took the opportunity to strongly condemn the practice of gerrymandering, which he had painfully experienced.

Gerrymandering was getting enough of a bad rap that by 1901, Congress passed a law to require that districts be compact. However, subsequent violations of that requirement routinely were ignored.

Unfortunately, there are no federal standards that apply to political gerrymandering, except that districts have nearly equal populations. There are federal standards that apply to racial gerrymandering, but not partisan gerrymandering.

This lack of a federal standard has been lamented by many of our U.S. Supreme Court justices over the years, including current Justice

Anthony M. Kennedy, who has remarked: “It is unfortunate that when it comes to apportionment, we are in the business of rigging elections.”

So, without a federal standard, the constant battle to curb the evil of gerrymandering is a state-by-state battle.

How is gerrymandering used to rig elections?

A concise explanation appeared in the April 2002 edition of The Economist. Here is how the magazine explained it:

“Imagine a state with five congressional seats and only 25 voters in each district. That makes 125 voters.

“Sixty-five are Republicans; 60 are Democrats. You might think a fair election in such a state would produce, say, three Republican representatives and two Democrats.

“Now imagine you can draw district boundaries any way you like. The only condition is that you must keep 25 voters in each one.

“If you were a Republican, you could carve up the state so there were 13 Republicans and 12 Democrats per district. Your party would win every seat narrowly. Republicans, five-nil.

“Now imagine you were a Democrat. If you put 15 Republicans in one district, you could then divide the rest of the state so that each district had 13 Democrats and 12 Republicans. Democrats, 4-1. Same state, same number of districts, same party affiliation; completely different results.

“All you need is the power to draw the district lines.”

That is gerrymandering. It is discriminatory districting, practiced to inflate one party’s strength and dilute the opposing party’s strength. The odd shapes result from drawing lines designed to pack as many voters of the opposite party into as few districts as possible, leaving a majority of districts to be won by the party controlling the mapmaking process.

At present, Ohio’s state legislative districts are drawn by the five- member Apportionment Board, which is controlled by the governor, auditor and secretary of state. Congressional districts are drawn by the Ohio General Assembly.

The plan approved by Ohio voters on November 3, 2015 would replace the Apportionment Board with a seven- member Ohio Redistricting Commission, and require that any plan adopted by the commission have the support of at least two members of each of the two major political parties.

The plan also includes more explicit map-making standards designed to minimize the splitting of counties, cities, townships and wards. If successful, the plan would end the drawing of crazy-looking districts that are anything but compact.

At present, there are no plans to ask Ohio voters to adopt a plan to reform congressional redistricting. Republicans who control the Ohio General Assembly said such a plan should await a ruling by the U.S. Supreme Court on the constitutionality of the Arizona Independent Redistricting Commission.

Arizona’s Republican leaders challenged the constitutionality of the commission, arguing that the U.S. Constitution gives state legislatures exclusive authority to draw congressional districts.

On June 29, 2015, the Supreme Court, in a 5-4 ruling, upheld the Arizona plan. The ruling held that a state’s legislative authority includes the electorate taking advantage of the initiative process.

Columbus native Michael F. Curtin is currently a Democratic Representative (first elected 2012) from the 17th Ohio House District (west and south sides of Columbus). He had a 38-year journalism career with the Columbus Dispatch, most devoted to coverage of local and state government and politics. Mr. Curtin is author of The Ohio Politics Almanac, first and second editions (KSU Press). Finally, he is a licensed umpire, Ohio High School Athletic Association (baseball and fastpitch softball).

Ohio House and Senate Districts 2012-2022 (Plain Dealer/NEOMG) – click here

Ohio Congressional Districts 2012-2022 – click here