Cincinnati elections panel punts to state

The Cincinnati Elections Commission voted 3-0 this afternoon to refer a complaint about a union's expenditures in the Cincinnati mayor's race to the Ohio Elections Commission.

The precedent-setting case focuses on whether the Service Employees International Union District 1199 coordinated with state Sen. Mark Mallory's campaign when it spent $40,389 on direct mail and phone calls supporting Mallory.

If so, the union's spending would exceed the city's $2,500 limit for a political committee to contribute to a mayoral campaign, and Mallory's committee could be fined up to three times that amount of the excess contribution. It's the first time the city commission, created in 2001, has ever had to rule on an issue involving a mayoral campaign.

Northside resident Sharon Koehler filed the complaint at the behest of Mallory's opponent, David Pepper.

Cincinnati Elections Commission Vice Chairwoman Jill Meyer Vollman, a Republican, said the complaint involved definitions of non-cash contributions and independent expenditures found in Ohio law. The commission sent the complaint to the state in order to get a ruling on those issues before deciding whether any violations of city election law occurred.

Attorneys for the Mallory campaign and the SEIU both denied any coordination.

"I can tell you right now the Mallory campaign vehemently denies any coordination or collaboration with the SEIU with the campaign literature," said Robert Newman, who represents the Mallory campaign. "This is a pretty significant charge here, and the penalty being sought is $113,000. This is an enormous hit for a political campaign."

Mark McGinnes represents the SEIU: "We followed the law. Our activities are protected by the U.S. constitution, state law and the city charter," he said. "We also believe the complainant in this case didn't have all the facts, an once we get an opportunity to present all the facts at a hearing, we will prove that."

Pepper campaign manager Greg Landsman: "I think what you'll see when you go through the complaint is a clear sense of coordination, which is an affront to the charter. ... Irrespective of the decision, there is an enormous precedent here. If you have a wealthy friend, or a well funded special interest group, you can get around the $1,000 (individual) limit or the $2,500 (committee) limit by simply paying that campaign's consultant directly for direct mail or television commercials."