COLUMBUS, Ohio — The political climate in Ohio was expected to be hot this year — a year that will see statewide offices on the ballot, but something no one expected was the chance that those who currently hold the offices could end up in jail; that includes the state’s top executive: Ohio Governor Mike DeWine.
Yes, jail.
How we got here.
It all centers around a legal battle that recently unfolded in the state’s Supreme Court over election maps. In a case decided last month, the court ruled that Ohio’s new legislative representative map — which is redrawn every ten years — was unconstitutional because it violated the state constitution’s partisan-fairness requirements.
The map that was rejected would have locked in 67% of the House seats and nearly 70% of Senate districts for Republicans for the next four years. A lawsuit was brought by Ohio ACLU against the state’s “Redistricting Committee,” which is made up of high-level elected officials, including Ohio’s Governor, Secretary of State, and Auditor — all of whom are up for re-election this year — arguing the maps needed to be more fair.
The court’s majority opinion, which included Republican Chief Justice Maureen O’Connor sent the committee back to the drawing able, telling them the districts needed to be more fair, and gave the committee a deadline of January 22 for new maps. The justices were shooting for the new maps to be approved in time for the February 2 petition filing deadline for candidates seeking election in the new districts — districts that go into effect at the first of the year.
But on Monday, the same justices who ordered the changes rejected the committee’s newly-revised maps — again. This time, saying that the group did not try hard enough to interpret the court’s order. Monday, of course, was February 7, which was well past the candidate petition filing deadline to seek office in November. As you would imagine, that now puts the candidates who filed to run for office this November for Ohio’s House of Representatives in jeopardy.
“The revised plan does not attempt to closely correspond to [the] constitutionally defined ratio. Our instruction to the commission is – simply – to comply with the Constitution,” the opinion said. The justices gave the committee until February 17 to create a new — third — map that reflects the 54% Republican, 46% Democrat voting preferences over the past decade.
But what happens if the committee comes back a third time with an unfair map? Well, that’s when things could heat up even more.
How would it go down?
According to an article by Melissa Graham-Hurd, a lawyer near Cleveland, those who disobey a court’s order could be sent to jail.
“Civil contempt is generally intended to force the opposing party to comply with the orders of the agreement or order. On the other hand, holding someone in criminal contempt is a much more serious action,” writes Graham-Hurd. “This is generally intended to uphold the authority of the court through punishment, such as jail time, and there are due process considerations that must be observed. Under Ohio law, contempt is ‘a disregard of, or disobedience to, the orders or commands of judicial authority.’ Indirect contempt can include disobedience of or resistance to a lawful order or judgment. It is not required that the disobedience be willful or intentional. Cases have held that it is irrelevant whether the person violating the order intended to do so, and merely disobeying an order is sufficient to be held in contempt.”
In order for the contempt proceedings to be initiated, the justices or the ACLU would have to make a motion. A representative for the Supreme Court said they could not offer comment on the matter because nothing had been filed as of Thursday. When reached by phone this week, the top dog for the legal group who prevailed in the suit said she hopes it does not get that far.
“There is absolutely no excuse for the commission to continue to disrespect Ohio voters, the Constitution, and the court,” said Freda Levenson, legal director of ACLU of Ohio. “We have expertise to offer. We have submitted proposals to show that perfectly cut lines are achievable. We are hopeful that the commission will turn out constitutional maps this time.”
Republicans, however, are not working with the other side of the aisle, Democrats said.
The lead Democrat in the Ohio House, Allison Russo is one of two from her party who are tasked with drawing the lines. She said this week that Republicans on the board are ignoring her and fellow Democratic Senate Minority Leader Kenny Yuko.
“…. We are urging an open and transparent process with public hearings on the proposed maps so Ohioans have a chance to make their voices heard on what the final lines will look like. That’s why the majority should reveal its proposed map as soon as possible. There is a clear path to producing a fair, constitutional map that allows for the equal representation that all Ohio voters deserve …. ,” said Leader Russo.
Leader Yuko demanded the same.
“It’s time for us to work together as a legislature to create a bipartisan plan that doesn’t divide our communities or unduly favor any political party.”
Ohio ACLU and Democrats are not ready to throw the Governor and others in jail just yet, but it is something that could happen if the elected leaders do not put in effort.
“The court has been increasingly clear on their rulings. At this time, we are not moving with contempt proceedings. It is the wish of our clients to work productively with the commission,” Levenson opined.
Where in the world is Governor Mike DeWine?
While the status of Ohio’s 2022 primary election hangs in the balance and with less than a week to go before the maps must be finished, Ohio Governor Mike DeWine was in Los Angeles on Thursday ahead of the weekend Super Bowl — and just days before the court’s deadline. His office did not return a request for comment when asked if he was prepared to sit in jail for contempt of court if the maps were rejected for a third time.
It is worth noting that prior to the court’s ruling DeWine was noticeably absent from hearings and meetings to draw the initial maps. Instead of attending the meetings about the districts the Governor went to a Bengals football training camp. His office sent a representative, as did several other members of the commission, according to Cincinnati.com.
Ohio Secretary of State Frank LaRose and Ohio Auditor Keith Faber did not respond to requests by the Guardian for interviews for this story.