According to Hannah News Service, the Ohio Elections
Commission issued a finding on Thursday, May 15, 2003 in the case of the U.S.
Chamber of Commerce against Common Cause. The Elections Commission found that
the Chamber had funded ads during the 2000 Ohio Supreme Court races that
advocated for Justice Deborah Cook and Judge Terrence O'Donnell and against
Justice Alice Robie Resnick and Judge Timothy Black. This is contrary to what
the Ohio Revised Code allows.
During the 2000 campaign, the Chamber paid for
television ads that without using words such as "elect," "vote for," or
"defeat," advocated for the election of particular candidates and against
others. The Elections Commission found that the ads did not pass the
"endorsement" or "denunciation" test.
The Elections Commission held that these television ads
did not need to include words like "elect," "vote for," or "defeat" in order to
expressly advocate an electoral action of any of the candidates. The nature,
timing, tone, and content of the ads were patently in aid of Deborah Cook and
Terrence O'Donnell and in opposition to Alice Robie Resnick and Timothy Black.
The Buckley decision 25 years ago specified the specific words that must be part
of an ad to render it unacceptable; however, political advertising has become
much more sophisticated since that time. These ads unambiguously lead the
viewer to a specific conclusion as to each of the respective candidates, even
without mentioning specific words, such as "elect," "vote for," or
"defeat."