Ohio Senate GOP Leaders Give Steve Buehrer High Post: He Pals With Nullifiers

CINCINNATI (TDB) -- Maybe this presages a move to hang Confederate Gen. Robert E. Lee's portrait in the Ohio capitol. Newly selected Senate majority whip Steve Buehrer serves on an American Legislative Exchange Council task force chaired by a Tennessee lawmaker who's been talking up the idea of nullification. That's a pre-Civil War legal concept that said the states could nullify federal laws they didn't like. South Carolina and other southern states were a hotbed of nullification in the era of slavery. Nullification dropped by the wayside in the 1800s. The Union had an Army and Navy and Ohio-born generals Ulysses S. Grant, William Tecumseh Sherman and Phil Sheridan. By the way, they all were Republicans.

Tennessee State Rep. Susan Lynn, a conservative Republican, says she's considering legislation that would revive nullification by allowing Tennessee to declare null and void federal laws it considers unconstitutional. Buehrer, R-Delta, is on ALEC's Commerce, Insurance and Economic development task force. Buehrer shows up as a public sector executive. Tennessee's Lynn shows up as the panel's co-chairperson.

About nullification, Lynn told the Nashville City Paper that Tennessee lawmakers "are very interested and they are looking at it." She didn't seem to talk about the Civil War, the bloody battles fought in Tennessee, or even the 1830s when Andrew Jackson, a president from Tennessee, sent warships to South Carolina. That state had passed a law nullifying a federal tariff. It gave in when gunships showed up in Charleston Harbor. The next effort at nullification was the Civil War.

More Ohio Voting Machine Problems: OH-05 Failures Widespread

CINCINNATI (TDB) -- Ohio Secretary of State Jennifer Brunner obtained a court order keeping the polls open in Putnam County after reporting that electronic voting machines had widespread problems in a congressional primary. The complete text of her lawsuit says there are 40 machines and "most, if not all, have experienced failures at some point during the day."

Putnam County is in Ohio's 5th Congressional District, which covers 16 counties. There were Democratic and Republican primaries under way to fill the seat left vacant by the death of U.S. Rep. Paul Gillmor, who passed away in September. Brunner's office issued this press release about the problems in Putnam County and noted all of the machines were on loan from Franklin County. Putnam County's voting machines were destroyed by flooding last summer.

Brunner said only the congressional balloting was affected by "intermittent failures" and that voting for local races had proceeded smoothly. She said it was not known what caused the problems.

Ohio Elections Commission: It Says Both OH-05 Republicans Are Liars

COLUMBUS (TDB) -- Ronald Reagan used to invoke the 11th Commandment -- thou shalt not speak ill of another Republican. The Ohio Elections Commission -- a panel that is supposed to keep state campaigns on the straight and narrow -- has found the top two GOP candidates in OH-05 have trouble honoring No. 8 on the list from the Old Testament. The one that says, "Thou shalt not bear false witness against thy neighbor."

Last month, the OEC said State Sen. Steve Buehrer and his chief financial backer, the Club for Growth PAC, sponsored ads containing false information about State Rep. Bob Latta's vote on tax legislation. Today, the OEC reprimanded Latta for distributing campaign literature that made false claims about Buehrer. The political flyers said Buehrer opposed school prayer and "didn't want" the Ten Commandments posted in public schools.

There is some irony in today's OEC decision that benefited Buehrer on the last day before the primary election. Last month, the Club for Growth ripped the OEC as being in the tank for Latta. Of course, the panel proved today it was unbiased and willing to smack down questionable rhetoric from either Republican.

The Toledo Blade's Jim Provance reports the OEC stopped short of recommending criminal prosecution against Latta.

"Today's reprimand marks the most severe stance taken to date by the bipartisan commission in dueling complaints filed by both sides. . . The commission had the option of referring either candidate for possible criminal prosecution, but opted not to."

H/T to Jeff Coryell at Ohio Daily Blog for spotting the Provance story when it appeared today. No matter which Republican wins the primary, they will be under a cloud for the next round. An official body has determined they lied to gain political advantage. So the GOP is not exactly holding the ethical high ground in a special election set for Dec. 11 against the Democratic party's likely nominee Robin Weirauch.

OH-05 Buehrer: Oops, Club For Growth Ad Used Project Vote Smart Data

BOWLING GREEN, Ohio (TDB) -- Oh-05 Republican Steve Buehrer says it was "despicable" and unethical for Bob Latta to use Project Vote Smart candidate survey data in an attack ad. Yet the Club for Growth -- which has given Buehrer about $260,000 for his House campaign against Latta -- did the same thing in another political contest. It used Project Vote Smart data as a political weapon.

Jeff Coryell at Ohio Daily Blog had this piece on Oct. 18 about Project Vote Smart's complaint that Latta had used its material in an attack ad. The PVS presser noted it happened very rarely.

Still, Red SeaLLC made an attack ad with PVS as a source for the Buehrer-backing Club for Growth to use in an Idaho House race. It seems that what is wrong in the Midwest is proper in the Far West. Or maybe the Club for Growth and Buehrer figured nobody would notice.

Buehrer and Latta are arguing over a 2002 survey about school prayer and the Ten Commandments. Latta did a mailer to GOP voters earlier this month noting that the Project Vote Smart survery showed Buehrer was opposed to religion in schools and public buildings. Buehrer, however, said he didn't answer a question and indeed supports school prayer and the Ten Commandments. Meanwhile, Project Vote Smart has complained Latta was not supposed to use the survey results in an attack ad, and Buehrer has been ballistic over the incident. He was quoted in the Toledo Blade:

"Project Vote Smart is categorically criticizing Mr. Latta for using something that is supposed to be a guide for voters as a political weapon. I think that is the most despicable sort of attack you can think of."

Apparently, the Club for Growth -- Buehrer's financial angel in the NW Ohio GOP primary contest -- had already delivered the "most despicable sort of attack you can think of." Doesn't seem like Latta is the only guy with muddy hand in the NW Ohio House contest.

The Blade story was by Joe Vardon and it captures nicely Buehrer's horror. Of course, it doesn't mention that Buehrer's backers had done the same thing in another state.

OH-O5 Steve Buehrer: Payday Lenders Now Sending $$$ His Way

BOWLING GREEN, Ohio (TDB) -- A campaign finance report filed this week with the Federal Election Commission shows major players in the payday lending industry have started making contributions to State Sen. Steve Buehrer's GOP primary campaign. The Daily Bellwether noted $6,000 came in Monday in three separate contributions from two executives and a Kansas PAC.

Payday lenders have been tarred as preying upon low-income Ohioans. State lawmakers are considering measures that would place new limits on the industry, which has a growing reputation for gouging its customers.

Now Buehrer has found backers in the industry. A. David Davis of Cincinnati is listed as the executive vice president of Check N Go. He gave $2,000. So did Steven Scroggins of Cleveland, who is listed as the CEO of Check Into Cash. The PAC from Overland Park, Kan., is affiliated with QC Holdings.

Buehrer is a conservative Republican running for the GOP nomination in a Nov. 6 primary against State Rep. Bob Latta. Ohio's 5th Congressional District has been vacant since the death of U.S. Rep. Paul Gillmor last month.

[UPDATE: The race on the Republican side is rancorous and sharp-elbowed. Here's Right Angle Blog with news of the National Taxpayers Union endorsing Buehrer, a candidate who is running to the right of Latta and portraying him as a Bob Taft ally. And here's Buckeye State Blog with a new Latta ad that describes Buehrer as misrepresenting the state rep's record on tax votes in the legislature. No doubt about it, OH-O5 is political mudwrestling. Or a barnburner in a section of the state, NW Ohio, where there still are a lot of barns. RAB and BSB are lighting the fires in the 'sphere.]

Payday lending is under increasing scrutiny in Ohio because the short term loans can become quite costly if they are not paid off quickly. Earlier this month, a bill was filed in the Ohio House with 28 co-sponsors that takes aim at reported payday lending consumer abuses, and it includes a cap on interest rates. This Cleveland Plain Dealer editorial says legislators must act to clean up the industry, an industry that now seems to be in process of trying to purchase a seat in the U.S. House.

OH-05 GOP: Bowling Green Paper Demands That Buehrer 'End The Lie'

BOWLING GREEN, Ohio (TDB) -- Sentinel-Tribune editor David C. Miller pens a harsh editorial that accuses State Sen. Steven Buehrer of allowing the out-of-state Club for Growth PAC to spread a lie about State Rep. Bob Latta. Buehrer and Latta are in a heated GOP primary for Ohio's vacant 5th Congressional district seat. The editor says Buehrer's ally, the Club for Growth, has falsely claimed that Latta voted to raise taxes in 1998. Miller said Republican voters in Northwest Ohio should reject Buehrer's candidacy because he hasn't been willing to denounce the Club for Growth's attack ad.

You can read the complete text of the editorial here and it uses blunt language from start to finish to slam Buehrer's refusal to distance himself from the Club for Growth.

"It is time for voters to send a clear message to candidates who distory their opponents' records as well as those who quietly allow others to distort it for them. The message is simple: If that's your ethics during the campaign, we don't want to risk that being your ethics once you're in elected office."

That's the first sentence. Here's the final sentence:

"Voters expect more ethical campaign tactics than spreading lies from the person who wants to represent them in the halls of Congress."

OH-05 Echo In Virginia? Club For Growth Files Complaint Against Democrat

CINCINNATI (TDB) -- In Ohio, Republican State Rep. Bob Latta has filed a formal complaint with the state elections commission claiming the Club for Growth has distorted his record about raising taxes. In Virginia, the Club for Growth filed a formal complaint the same day alleging "malicious falsification in political advertisements" against a Democratic legislative candidate and the state party.

What ignited that spat? A Democrat's contention the Club for Growth's goal of major tax reforms will eventually lead to a national sales tax of 34%, causing "higher taxes on everything."

Ohio's Latta is being attacked by the Club for Growth, which is backing State Sen. Steve Buehrer in the Nov. 6 GOP primary for the vacant 5th Congressional District, which covers the NW portion of the state. In Virginia, Democrat Chris Brown has recently mailed out two political fliers that contend the Club for Growth is backing an incumbent Republican, Jeff Frederick, who favors the 34% sales tax.

The state Democratic Party financed the mailings. It has the Club for Growth howling that it has been hit with a low blow.

Phillip Rodokanakis, president of the Virginia Club for Growth PAC, filed formal legal complaints Oct. 9 with Virginia's attorney general and the state board of elections, along with local prosecutors in two counties. The full-text of the complaints, plus the fliers that triggered the controversy, are available here. Rodokanakis says:

"Every person who is active in political or grassroots circles knows that the Virginia Club for Growth PAC only promotes and endorses candidates that have taken a pledge in support or lower taxes and smaller government. To suggest otherwise is such an exaggerated folly and no knowledgeable and reasonable person can take it seriously -- it's akin to suggesting that the Pope isn't Catholic.

"The fact that these political mailings were funded by the Democratic Party of Virginia is particularly injurious . . . In other words, this is the second attempt by the Democratic Party of Virginia to malign our PAC and falsify or misrepresent our espoused and well known positions, in an attempt to deceive the voters. This sort of fraudulent campaign activity cannot be permitted to continue if the sanctity of the voting process is to be maintained."

In Ohio, Latta says the Club for Growth is maligning and misrepresenting his well known positions. In Virginia, the Club for Growth says its a victim of the Democrats doing the same thing.

OH-O5 GOP: Latta To File Charge That Buehrer Lied About Tax Vote

COLUMBUS (TDB) -- State Rep. Bob Latta plans to file a complaint with the Ohio Elections Commission Tuesday that accuses his Republican primary opponent and the Club for Growth of making false statements about a 1998 sales tax vote. Latta's legal filing says he did not raise taxes, but voted only "to place an issue on the Ohio ballot to allow voters to decide whether or not to raise state sales taxes while lowering local property taxes." But both State Sen. Steve Buehrer and the Club for Growth have distributed materials saying Latta voted for a "$1 billion tax hike in 1998."

Latta faces Buehrer in an increasingly bitter primary for the GOP nomination in Ohio's 5th Congressional district, which covers a broad swath of NW Ohio. The seat became vacant after Paul Gillmor died suddenly last month. The Club for Growth, an ultra-conservative anti-tax group, has endorsed Buehrer and is pledging to spend up to $75,000 on ads in his behalf.

Latta's Ohio Election Commission complaint was prepared by Scott Pullins, a Mount Vernon lawyer and GOP activist who represents the campaign.

Matthew Parker, Latta's campaign manager, told The Daily Bellwether that it simply is not true that Latta voted to raise taxes in 1998.

"He didn't support a tax hike. He voted to put it before the voters in a referendum, where it failed by a huge margin. They are not telling the truth about Bob Latta's record. It's an effort to distort his record."

Parker said Latta received an award that year as "Watchdog of the Treasury" for opposing taxes, and also was voted outstanding freshman legislator by the United Conservatives of Ohio.

A draft of the complaint to be filed in the Ohio Elections Commission shows that the 1998 referendum has become a much-litigated issue. In April of that year, the Ohio Supreme Court ruled the measure did not levy any new taxes, but "merely authorizes the electorate to determine whether the proposed taxes should be levied."

And that same month, the Ohio Elections Commission found probable cause that a GOP candidate, Lisa Pfeifer, made a false statement in a campaign flier when she said her opponent had voted for a $1 billion tax increase. The wrangling in that case appears to be a replay of Latta's showdown with Buuehrer and the Club for Growth.

Pullins said he wants an expedited hearing on Latta's complaint. The primary is less than a month away.

OH-05 GOP Primary: Corrupt Fundraiser Tom Noe Donated $$$ To Buehrer

BOWLING GREEN, Ohio (TDB) -- Nearly $8,000 in campaign donations flowed from crooked GOP insider Tom Noe, who is now serving federal and state prison sentences, to Republican State Sen. Steve Buehrer, a candidate for a seat in the U.S. House.

Noe has come to symbolize the face of political corruption in Ohio. He has been convicted of stealing from Ohio's $50 million rare coin fund, and also for illegally laundering some $45,000 into President Bush's reelection campaign.

There is more about Noe's crooked activities in this Toledo Blade story from Nov. 20, 2006. Lucas County Common Pleas Judge Thomas Osowik said Noe "cooked the books" in a scheme to cheat the public.

Campaign finance records examined by The Daily Bellwether at the Ohio Secretary of State's office show Noe began writing checks to Buehrer's campaign fund during the 2000 election cycle. He donated $2,500 to Citizens for Buehrer that year. Six other check brought in another $5,479 between 2001-2004.

Records examined by The Bellwether indicate that State Rep. Bob Latta -- Buehrer's opponent in the OH-05 GOP primary -- received just one campaign contribution from Noe, a $750 check. (For some reason, Secretary of State Jennifer Brunner's Web site has been malfunction today. The links either fail or misdirect. There is a note saying the portal is undergoing maintenance. )

Latta and Buehrer are both conservatives, but Buehrer has been portraying himself as the stronger foe of any efforts to raise taxes, and contends his anti-abortion credentials are superior to Latta's. Buehrer also has backing from the Club for Growth, which is vehemently opposed to any new taxes.

But the Noe contributions may present an opening for Latta -- who might begin to make a case that Buehrer was silent, inactive, or inattentive during the scandals of the Taft years because Buehrer accepted campaign funds from a known crook. Political corruption is an issue that is high on the public's radar, and the eight checks totaling $7,979 from Noe to Buehrer's campaign fund are likely to become a way to dredge up the recent scandals and pin more sins on the jailed fundraiser.

OH-05 GOP Buehrer v. Latta: Attack Ad Uses Phony Plain Dealer Front Page

BOWLING GREEN, Ohio -- The Club for Growth PAC has released a political attack ad in Ohio's 5th Congressional District that displays a faked front page of the state's largest newspaper, The Plain Dealer. The bogus Plain Dealer is visible at the beginning of the 30-second spot that criticizes State Rep. Bob Latta as a tax-and-spend Republican. The ad was created to generate support for State Sen. Steve Buehrer, and is running on cable and broadcast outlets in OH-05.

[UPDATE: 2:58 pm EDT -- There was a story in the newspaper under the headline "Taft OKs tax increase, largest budget in Ohio history," but it was not on the front page as the Club for Growth asserts in its attack ad. The story written by Julie Carr Smyth and Stephen Ohlemacher, who are now both with the Associated Press, then with the paper's bureau in Columbus. It ran on Jun 27, 2003 and was on page B-4, which means it was buried in the metro section and nowhere near the front page. It was 592 words long and mentioned that Taft used his line item veto several times on the bill.]

Ironically, the Club for Growth says the ad "sets the record straight" about Buehrer's conservative economic principles. But some might say it seems disreputable, underhanded or even dishonest to present a non-existent newspaper page as proof in an attack ad. The tactic smacks of a political dirty trick.

By the way, The Plain Dealer page that that appears in the ad has plenty of clues that give it away as a phony. It doesn't have a date. It has a generic picture of the Ohio Statehouse. It uses the wrong style headline typeface. And it does not have the correct column format. The clues might not be instant giveaways in Northwest Ohio -- where OH-O5 is located -- because The Plain Dealer does not circulate in that portion of Ohio and people are not familiar with how the newspaper really looks.

There are real versions of front pages from Cleveland at this Web portal. The Club for Growth issued a press release accompanying the attack ad that says Latta "wasted no time twisting the truth." Pat Toomey, the Club for Growth's president, went on to say:

"It is sad to see Bob Latta distort the facts in order to paint himself a 'rock solid conservative' when in fact he supported tax and spending increases. The Club for Growth PAC ad will inform voters of the truth about Bob Latta's record."

Apparently, it has done some distorting of its own by creating a phony newspaper page.

OH-05 House Race: GOP Begins Arguing Over 2004 Chickenpox Vaccine Vote

BOWLING GREEN (TDB) -- Adding chickenpox to the list of required immunizations for Ohio schoolchildren was opposed by some right-to-lifers when the issue came up three years ago in the Ohio General Assembly. Now the debate has been resurrected, where it has spilled over into the Oh-05 Republican congressional primary to replace the late Paul Gillmor.

Then State Rep. Steve Buehrer voted against the chicken pox vaccinations with 27 others, a group that included the current House Speaker, John Husted, and State Rep. Tom Brinkman, the Cincinnati Republican who has sponsored legislation to outlaw abortion in Ohio. Buehrer's opponent in the OH-o5 GOP primary, Bob Latta, voted for the chicken pox vaccines.

Don't even think for a minute this is trivial. It is huge to the pro-life movement. None other than Cardinal Ratzinger -- the current Pope Benedict -- delved into the moral questions about fetal tissue in vaccine cells lines in 2005. The Vatican issued this lengthy report which said there was a duty among Catholics to try to avoid vaccines that were created in violation of church teachings. The Vatican report explained in part:

"As regards the preparation, distribution and marketing of vaccines produced as a result of the use of biological material whose origin is connected with cells coming for foetuses voluntarily abortted, such a process is stated, as a matter of principle, morally illicit, because it could contribute in encouraging the performance of other volultary abortions, with the purpose of the production of such vaccines. Nevertheless, it should be recognized that, within the chain of production-distribution-marketing, the various cooperating agents can have differing moral responsibilities."

The statement, and the debate starting in OH-05, carries echoes of the arguments over stem cell research, and the pro-life movement's opposition to using tissue from aborted human life to explore and develop promising biomedical technologies for Parkinson's and other diseases.

A blogger called Ohio Farmer brought the vaccine issue back to life today with a post that wondered whose pro-life commitment was stronger: Buehrer or Latta. The anonymous blogger favored Buehrer, citing as one reason the chicken pox vaccine:

"On a third vote that both Latta and Buehrer had a chance to take a stand on was the issue of mandatory chickenpox vaccinations. What do chickenpox vaccinations have to do with pro-life issues? Well, to date every chickenpox vaccination requires aborted fetal tissues in its production. When the bill came up for a vote in the House, Latta voted for the bill. When the bill got to the Senate, Steve Buehrer voted against it. This was not a high-profile bill that got a lot of limelight.

"Frankly, to be pro-life is relatively easy when the vote is about cutting funding for abortion. The true test of being pro-life is how you vote on obscure measures that deal with non-high profile issues like aborted fetal tissue used in production of vaccines."

The Daily Bellwether's research shows that Substitute House Bill No. 463 dealt with mandatory chicken pox immunizations. The House Journal for May 26, 2004 (pdf) shows the official vote, which is reported on page 117. There were 70 yeas, including Latta. Buehrer is listed among the 28 nays, including Brinkman, Husted, Jim Trakas, Tim Grendell and Jean Schmidt, who now represents OH-02 in the U.S. House and is a longtime supporter of the pro-life movement.

Matt Naugle of Right Angle Blog also spotted Ohio Farmer's discussion of chicken pox as a right-to-life issue. Matt says he is going to have more on the topic later today, and promises some inside dish on what went down in the Ohio House.

OH-05 Steve Buehrer: Conservative 'Watchdog' Is Bureaucrats' Lapdog

COLUMBUS (TDB) -- Republican State Sen. Steve Buehrer is running for the vacant OH-05 congressional seat on his conservative credentials, which means he's an advocate of smaller government. But he apparently likes government officials. Buehrer is pushing to give elected officials -- yes, that would include lawmakers -- and civil servants a hefty break on their state income taxes. Buehrer has signed on to co-sponsor SB 191 in the current session of the Ohio General Assembly which grants a $10,000-a-year tax deduction by 2009 for government workers who get pensions, annuities, allowances, benefits or other payments on account of age or retirement.

Buehrer's opponent in the Nov. 6 GOP primary is State Rep. Bob Latta of Bowling Green.

The Buehrer-backed bill says:

"The deduction under division (A)(25) of this section shall not exceed four thousand dollars for taxable years beginning in 2007, seven thousand dollars for taxable years beginning in 2008, and ten thousands dollars for taxable years beginning in or after 2009."

Buehrer's proposed tax break would cover those receiving checks from the police, fire, teaching, school and public employees of Ohio retirement systems. SB 191 does not cover the general public who get Social Security or private pensions. It does cover military and federal retirees.

Buehrer has received "Watchdog of the Treasury" awards as a conservative who pays attention to government spending and tries to keep it under control. This bill, some would say, makes him look like a lapdog for the bureaucrats and elected officials who work in offices from townships, to City Halls, courthouses and the Statehouse.

Meanwhile, an online publication called The Conservative Voice has written glowingly of his candidacy. But it isn't totally certain of what federal office he is seeking. As you can see by clicking this link the headline and some of the story says it is the House and OH-05. But the 11th paragraph wrongly says it is the U.S. Senate: "As a US Senator, Ohio parents can count on Steve to continue to give American children the education they deserve."