Analysis of Campaign Fundraising in 2004 Ohio Legislative Elections and Electoral Competition Under current Ohio Redistricting Plan and Importance of Nonpartisan Election Administration

Summary:
· The candidate who raised the most money won 95% of Ohio legislative races in 2004
· House victors outraised their opponents by a 4.5 to 1 ratio. In the Senate, it was 6 to 1.
· 80% of Ohio state House seats were won by more than 10%
· In the 13 congressional races with two general election candidates, all were won by landslides of more than 10%
· 17 states do not use elected partisan officials to administer state elections

Democracy for regular Ohioans could use a boost. Prior to the recent campaign finance legislation passing, candidate fundraising ability was an overwhelming factor in 106 of the 112 legislative races with available data in the 2004 Ohio general elections. At the time, candidates could raise money in $2,500 chunks from individuals. The 2004 law upped that amount to $10,000.

Additionally, the way legislative and congressional districts were drawn by the Ohio legislature and Apportionment Board in 2001/2002 shut down electoral competition in the Ohio House and Congressional races. In the 2004 elections, only five of ninety-nine seats in the Ohio House changed party hands; none of Ohio's eighteen congressional seats switched party control. (Senate races in 2002 and 2004 were the first ones held with new districts so it is not possible to compare their current partisan control to previous partisan control.)

Clearly, the combined effect in these two areas stifles the voice and electoral power of regular Ohioans while strengthening the grip that incumbent politicians and wealthy interests have over Ohio state government. In an effort to regain the voice and power of regular Ohioans in government, a coalition of groups is collecting signatures for three constitutional amendment initiatives - campaign finance reform, redistricting, and election administration.

Below is a closer look at the role of fundraising in Ohio's 2004 general elections for the legislature and the destructive effect on electoral competition by the redistricting scheme passed by the Ohio Apportionment Board in 2001 and Legislature in 2002. Last is a look at the effects of partisan election administration in California and Florida.

*Campaign Fundraising in the 2004 General Elections for the Ohio Legislature

In the November 2004 general elections for the Ohio Legislature, the candidate that raised the most money won 95% of the races. 90 of the 96 House races with available data were decided by which candidate could raise the most cash; all 16 Senate races were won by the candidate with the greatest fundraising prowess.

In the Ohio House, the 72 winning candidates of contested elections outraised their opponents by a ratio of 4.5 to 1 and an average of $51,883. Winning candidates raised a total of $4,807,017, an average of $66,764 per candidate; losing candidates raised a total of $1,071,437, an average of $14,881 per candidate. Despite facing no opposition, the winning candidates in the 24 uncontested elections raised an average of $38,110.

In the Ohio Senate, all fourteen contested races were won by the candidate that raised the most. Winning candidates outraised losing candidates by an average of $131,545 and a ratio of 6 to 1. The fourteen winning candidates raised a total of $2,210,729, an average of $157,909 per candidate; losing candidates raised a total of $369,093, an average of $26,364 per candidate. Despite facing no opposition, the two uncontested candidates raised an average of $76,732.

Individual Races

In the 2004 general elections, incoming House Speaker Jon Husted outraised his opponent $761,760 to $1,750. Representative Chris Redfern, who faced no opponent in the general election, raised $152,000. Representative Tim Cassell outraised his opponent $50,095 to $16,456 (3:1), but only won by 470 votes out of 51,918 votes cast (less than one percent). Rep. Kevin DeWine outraised his opponent in the 2004 general election $254,645 to $0. All four won.

In the Senate, where money played an even more dominant role, Senator Charlie Wilson outraised his opponent $120,300 to $4,620. Senator Ron Amstutz, who faced no opponent in the general election, raised $88,365. Senator Kimberly Zurz, outraised her opponent $100,400 to $10,400 - nearly 10:1 - in winning twice as many votes. Senator Jeff Jacobson, whose campaign finance shenanigans served as part of the inspiration for the "reform" bill, outraised his opponent $295,540 to $987.

*This information was compiled using the latest data available as of May 4, 2005 on the Ohio Secretary of State website. Pre-general and post-general reports were combined to obtain the total fundraising for the general election. In those races where no report was available from a candidate, that race was not included in the totals. This data does not include in-kind contributions, which in the vast majority of the cases strongly favored the candidate who raised the most into their campaign fund. In-kind contributions for one candidate exceeded $1,000,000.

*Electoral Competition Under Current Redistricting Plan

In Ohio, the Apportionment Board is responsible for drawing the legislative districts; the General Assembly is responsible for drawing the Congressional districts. The Apportionment Board consists of the governor, state auditor, secretary of state, one person chosen by the speaker of the House and the leader in the Senate from the same political party as the speaker, and one person chosen by the leaders of the other party in the two houses.

Only five of ninety-nine seats in the Ohio House changed party hands in the 2004 elections. A full 21 of 99 races, or 21%, were uncontested in the general election. None of Ohio's eighteen congressional seats changed hands; two congressional races were uncontested. Party control does not tell the full story, however.

In the Ohio House, of the 73 races with two candidates, 59 (80%) saw a margin of victory greater than 10%. In 48 of those races, the winning candidate received more than 60% of the vote. In the thirteen congressional races with two candidates, all thirteen winning candidates won by more than 10%; 12 of 13 winners received more than 60% of the votes.

Clearly, the Ohio General Assembly and Apportionment Board have stacked the deck against electoral competition, striking a deal whereby incumbents are protected by safe districts. In a sense, these elected officials are choosing their voters, rather than the other way around.

*This information was compiled using election results from the 2002 and 2004 legislative and congressional elections on the Ohio Secretary of State website.

Partisan Election Administrators

Former Florida Secretary of State Katherine Harris and former California Secretary of State Kevin Shelley provide two examples of the importance of having nonpartisan officials to administer elections.

In 2000, Harris, an appointee of Governor Jeb Bush, was embroiled in a controversy surrounding a series of seemingly partisan actions in her capacity as chief administrator of the state's elections laws. In a move that drew national attention, Harris conducted a purge of Florida's voter rolls prior to the 2000 elections, resulting in the disenfranchisement of Florida voters who were improperly denied the right to vote.

In 2004, then-California Secretary of State Kevin Shelley used money provided under the 2002 Help America Vote Act for partisan voter outreach efforts and to boost his own political career. That, in addition to a campaign finance scandal revolving around Shelley's biggest fundraiser, caused Shelley to resign from office in February 2005.

Currently, 17 states use a process whereby the top elections administrator is selected by some process other than a partisan election. The third initiative being circulated by the coalition would use a nonpartisan commission appointed by members of both parties.