Republican lawmakers on track to repeal elections law before voter referendum in November
Wednesday, March 21, 2012
Democrats will have another week to review a bill to repeal the law before the GOP-controlled Senate Government Oversight and Reform Committee votes on the legislation.
The opposition to a legislative repeal from Democrats and other groups confused Sen. Bill Coley, a Republican from Butler County who sponsored the bill to repeal the elections law, which Democrats have dubbed a “voter suppression” bill.
“You’re mad that I’m doing what you want - sooner?” Coley said on Wednesday. “This is just a straight repeal.”
The committee heard testimony from the League of Women Voters of Ohio and others concerned about the ramifications of repealing the bill, known as House Bill 194, before the November election.
Republican lawmakers last year passed HB 194, a broad overhaul of election laws. Democrats and voting rights groups strongly objected to the bill because it restricts early voting opportunities and because, they said, it establishes barriers to voting for minorities.
GOP lawmakers earlier this year announced a plan to repeal the bill and avoid the referendum. Senate Republicans are interested in replacing HB 194 with other reforms that would take effect before November.
Opponents of HB 194 have said they oppose any new election law before the presidential election because they fear Republican lawmakers again will pass laws that make it harder for some people to vote.
Senate Democratic Leader Eric Kearney, of Cincinnati, said Republicans want to repeal the law to avoid another embarrassment like the voters’ rejection last year of Senate Bill 5, the controversial collective bargaining law. Kearney said voters have a right to decide the fate of HB 194.
“Referendums are an essential component of the checks and balances in our constitution,” Kearney said in a statement. “It is a right that belongs to the people and the General Assembly should not infringe upon it. Repealing HB 194 would make a mockery of the referendum process.”
Coley said he has no concerns that the repeal would be unconstitutional.
House Speaker William G. Batchelder, who previously expressed constitutionality concerns, supports the bill’s repeal, spokesman Mike Dittoe said Wednesday.
Carrie Davis, executive director of the League of Women Voters of Ohio, said legislation to repeal HB 194 likely would be challenged in court because there is no precedent in Ohio for repealing a law that is the subject of a voter referendum.
Davis and others who testified before the Senate committee on Wednesday also urged lawmakers to reverse a restriction on early voting established last year as part of another bill. A provision in House Bill 224, which deals largely with military voters, also barred in-person absentee voting the weekend before an election. The provision originally was part of HB 194 but was included as a technical correction in HB 224.
Coley said lawmakers will consider the request as they continue discussions on a possible replacement for HB 194.
COSHOCTON TRIBUNE: Panel delays vote on Ohio elections overhaul repeal
Written by Ann Sanner Associated Press
COLUMBUS -- An Ohio Senate panel delayed a vote Wednesday to repeal a contentious new election law that shrinks early voting in the presidential battleground state, among other changes.
The elections overhaul has been on hold since September, after opponents gathered thousands of signatures from voters to put a repeal question on November ballots.
Republican leaders who control the Ohio Legislature say the state can avoid a costly referendum campaign and give opponents what they want by repealing it. But Democrats and other opponents say voters -- not state lawmakers -- have the right to decide this fall whether the law should be scrapped.
The GOP is pushing a measure to get rid of the new law and leave in place the old rules governing Ohio elections. The bill also reaffirms a separate change made in 2011 that cuts off in-person early voting on the Friday evening before Election Day.
The chairman of the Senate's government oversight committee said Wednesday he was delaying a scheduled vote on the legislation until next week to give minority Democrats a chance to review it.
Chairman Bill Coley, a Middletown Republican who is the sponsor of the repeal legislation, said he also wanted additional time to "make sure that the bill is doing exactly what we say that it's doing."
Any proposed change to the state's law is apt to draw increased scrutiny in a presidential election year, particularly in Ohio.
No Republican presidential nominee has reached the White Housewithout carrying the swing state. President Barack Obama won Ohio in 2008, after the state went for George W. Bush in 2004.
Obama's re-election campaign was among those who helped gather the signatures with Fair Elections Ohio, an opponent group that spearheaded the referendum effort.
Greg Moore, campaign director for Fair Elections Ohio, said he was encouraged by the delayed committee action.
"We need to let Ohioans vote on the issue in November," Moore said in a statement.
An extended voting period is perceived as benefiting Democrats because it increases voting opportunities for those harder to reach for an Election Day turnout -- Hispanics, blacks, new citizens and poor people.
About 30 percent of Ohio's total vote -- or roughly 1.7 million ballots -- came in ahead of Election Day in 2008.
State Sen. Keith Faber, a Celina Republican, suggested some groups appealing to the panel to not rush the law's repeal only want the issue to remain on the ballot for the political purpose of driving voter turnout.
The state's top elections official supports the legislative repeal effort.
Republican Secretary of State Jon Husted has said a referendum campaign would confuse voters as local election officials try toeducate them on voting rules. He wants lawmakers to write a new bill after the November election.
Ohio is one of 32 states that allow voters to cast an early ballot by mail or in person without an excuse.
The new law would shorten the in-person early voting window from 35 days before Election Day to 17 days and the period for absentee voting by mail from 35 days to 21.
Senate President Tom Niehaus has said he wants to repeal the measure and possibly replace it with bipartisan-backed changes in time for the fall election.
His spokeswoman said Wednesday there were no current discussions going on about replacement election rules, and that the GOP was focused on working through the repeal process.
Republican House Speaker William Batchelder has said he has constitutional concerns. The state has no precedent for repealing a piece of legislation that's in limbo because of a referendum.
House spokesman Mike Dittoe said Wednesday Batchelder's concerns remain, but "at this point, the speaker is supportive of the repeal effort."
GONGWER: Republicans, Democrats Call For Involvement Of Colleagues In Drafting Cleveland School Overhaul Bill
In a show of bipartisanship that has been rare at the Statehouse in recent months, Republican and Democratic lawmakers on Wednesday called on their colleagues to back a plan to restructure a Cleveland school system in financial and academic turmoil.
Cleveland Mayor Frank Jackson introduced a plan to overhaul the Cleveland Municipal School District that attracted the praise of Gov. John Kasich and others while drawing ire from teachers unions.
The proposal needs certain legislative changes to bring it to fruition, and all parties, including lawmakers and teachers, have spent the past few weeks trying to reach a compromise.
"To get this task accomplished, not only here in Columbus but in Cleveland, in the months ahead is going to require willingness for us to work together," Sen. Peggy Lehner (R-Kettering) said at a Statehouse press conference. "That is why it is so significant the four of us stand here together, Republicans and Democrats, House members and Senate members."
Rep. Ron Amstutz (R-Wooster) said he expects "starting point" legislation to be introduced in a matter of days. Sen. Lehner said she is willing to be the lawmaker to sponsor it.
Rep. Sandra Williams (D-Cleveland), president of the Ohio Legislative Black Caucus, said the parties have yet to come to an agreement on the proposal and although asked, she is not yet committed to be a joint sponsor of the legislation.
Ms. Williams said she agrees with about 70% of the proposal, but opposes some provisions relating to a Cleveland Transformation Alliance and a call for a "fresh start" on collective bargaining agreements, which unions see as a rehash of the voter-rejected collective bargaining overhaul (SB 5
).
).Some organizations, including the American Civil Liberties Union of Ohio, have raised issue with the Cleveland Transformation Alliance's proposed exemption from public records law.
Mayor Jackson said he has asked his attorneys to return to the proposal and address that concern and that he had not intended to shield the body's operations.
Mr. Jackson said he recently receive a document from the Cleveland Teachers Union with proposed changes and is currently looking through it for areas of consensus.
"If somebody has a better way to skin this cat then I'm glad to accept that, but what we will not accept is incremental change," he said.
Cleveland has more than 31,000 students attending school buildings rated in "academic watch" or "academic emergency," Rep. Williams said.
"I am calling on my colleagues to join me at the table to come to a compromise with the union, the mayor and anyone else whose interested and come to some kind of compromise so we can better the lives of the kids within our district," she said.
The district stands on the brink of entering receivership and Mayor Jackson said he thinks the community will not pass a levy without change. Sen. Nina Turner (D-Cleveland) said the question Clevelanders face is whether they want to live in a city or cemetery.
"I believe that we have a moral obligation to do something to affect a positive academic and social change for our children," she said.
Sen. Lehner, who chairs the Senate Education Committee, said meetings will be held all day Friday in Cleveland and all lawmakers have been invited to attend. Also expected to be in attendance are national education experts and members of the Cleveland Teachers Union. This would be the first in a series of such discussions.
"The task ahead will be difficult. If we fail it will be a shame, but if we fail to try it will be a tragedy," Sen. Lehner said.
House Speaker Bill Batchelder (R-Medina) said he was appreciative of the mayor's effort to discuss the proposal with lawmakers.
"I am very proud and pleased by the work of the members of the House and Senate at today's press conference with Mayor Jackson and am encouraged by the supporters of this proposal," he said in a statement.
"Their work and cooperation on this issue is a significant step in ultimately ensuring the success of the children in the Cleveland schools. I look forward to working with Mayor Jackson as other members of the legislature step forward to join us on this vitally important issue."
HANNAH REPORT: D's Join R's in Supporting Cleveland School Plan
Wednesday's Statehouse press conference on the Cleveland Plan for public schools was poor in details but rich in calls to
unity. The goal: the very future of northeast Ohio, socially, academically and economically, said a bipartisan group of
legislators from inside and outside Cuyahoga County.
Senate Education Committee Chairwoman Peggy Lehner (R-Kettering) was joined by Senate Minority Whip Nina Turner (DCleveland), ranking minority member of the Senate State and Local Government and Veterans Affairs Committee; House
Finance and Appropriations Committee Chairman Ron Amstutz (R-Wooster); Rep. Sandra Williams (D-Cleveland); Cleveland
Mayor Frank Jackson; and Chief Executive Officer Eric Gordon of the Cleveland Metropolitan School District.
Along with Gov. John Kasich himself, Jackson and Gordon have been the loudest voices for the proposed reinvention of
Cleveland schools -- both district and publicly funded charters -- with Kasich and Gordon making separate appeals to the
State Board of Education. (See The Hannah Report, 2/14/12, 3/12/12.)
That was before Wednesday, when a small but passionate group of Republicans and Democrats came forward with the kind
of public support for the Cleveland Plan Kasich has been seeking.
"We will be open to any suggestions to improve it," Lehner said to stakeholders and fellow legislators, echoing the ominous
note sounded by Kasich last week. "It will be difficult," she said, acknowledging the potential political pitfalls on either side
of the aisle following the demise of collective bargaining bill SB5 (Jones). "To fail would be a travesty."
Lehner recognized Turner and Williams as "courageous colleagues" that have made themselves accountable to Cleveland
voters -- politically and policy-wise. "It's time for the members I serve with and that the senator serves with to join us in
doing the right thing for the children of Cleveland," Lehner said, introducing Turner.
"I don't know if the mayor knows it or not, but he brought us together," said the senator from Cleveland.
Turner warned against the "roadblocks of fear and resistance," saying the stakes are high. "We have to decide whether we
want to live in a city or a cemetery."
Calling a top-down overhaul of Cleveland schools a "moral obligation," Turner said the rationale and timing of the plan is
clear. "If anyone wants to ask why, we have 82,000 reasons," she said in a nod to Cleveland school children. "Now it is
time for our colleagues to answer the call: What will we do?"129th General Assembly The Hannah Report
March 21, 2012 Hannah News Service - 3
During questions, the coalition was asked whether it would in fact seek to shield the proposed school oversight body -- the
private Cleveland Transformation Alliance -- from Ohio Sunshine Laws, as proposed in legislative language submitted to the
Legislative Services Commission. Draft language "exempts the alliance and its members from the state Public Ethics Law,
Open Meetings Act, Public Records Law, Civil Service Law, Public Employees Retirement System Law, and Public Employee
Collective Bargaining Law." (See The Hannah Report, 3/13/12.)
"I've asked our attorneys to go back and address those issues," Jackson said. "As the superintendent (Gordon) has said
constantly, there is no intent not to be transparent."
Lehner agreed that the public records question needs more work. "There are a number of issues members have expressed
concern about," she said, ranking sunshine laws among them. "This is just the first of several public events. We promise to
be very open, transparent, thorough."
Amstutz noted that public transparency and other issues must still be debated, before and after the legislation is formally
introduced. "We don't have a bill that is complete, but we do have a bill we think can be a starting point."
Williams summarized her own concerns -- the Transformation Alliance, union buy-in, and a proposed "fresh start" in
collective bargaining that would void previous agreements.
"I was a strong opponent of SB5," interjected Jackson. "I worked to repeal SB5."
Outside the press conference, Lehner reemphasized that prohibitive language on teacher seniority, public transparency, and
other issues are prospective at best. "I don't think anything about the plan is absolutely sacred. ... If there's an agreement
with the Cleveland Teachers Union, [Jackson] is willing to stir that into the eventual bill."
Although all parties may not get everything they want, Amstutz said there is good reason to expect a compromise that
accomplishes the game-changing goals of the Cleveland Plan.
"My expectation would be that none of the people directly affected by this will walk away unhappy," Amstutz said. "Some of
their leaders may."
Later Wednesday, House Speaker Bill Batchelder (R-Medina) responded to the press conference in a statement:
"I very much appreciate Mayor Jackson spending time with us this week to discuss his vision for transforming Cleveland
Public Schools. I am very proud and pleased by the work of the members of the House and Senate at today's press
conference with Mayor Jackson and am encouraged by the supporters of this proposal. Their work and cooperation on this
issue is a significant step in ultimately ensuring the success of the children in the Cleveland schools. I look forward to
working with Mayor Jackson as other members of the Legislature step forward to join us on this vitally important issue."
Officials from the Ohio Federation of Teachers (OFT) who attended the press conference also weighed in, downplaying any
notion about a lack of unity between union leaders and rank-and-file members.
"Members and leaders of the Cleveland Teachers Union are excited about the opportunity to develop and implement
programs that can raise student achievement in our public schools. It is important to note that such opportunities require
that the ideas -- and voices -- of Cleveland's skilled teacher workforce are heard," OFT said in a statement, echoing the call
for practical solutions.
"It is time to move forward -- the mayor and teachers together -- to collaborate on the kinds of concepts and ideas that will
make a difference in the lives and educational outcomes of students."
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