Ohio Harness Horsemen's Association

LetOhioVote Wins Rounds One

March 4, 2010

Backers of a campaign to repeal a law allowing slot machines at horse racetracks won an initial round at the Ohio Supreme Court on Tuesday in a fight to prohibit Secretary of State Jennifer Brunner's investigation of their finances.

Justices put on hold a Friday deadline Secretary Brunner set for LetOhioVote.org to comply with subpoenas she issued for records in her attempt to determine who is paying for the referendum drive.

LetOhioVote.org wants to give voters in the Nov. 2 election an opportunity to repeal a section of the state budget that permits installation of video slot machines, under auspices of the Ohio Lottery, at the state's seven horse racing tracks.

A campaign finance filing from LetOhioVote.org shows New Models, Inc. of Virginia as the sole financier of the referendum effort with over $1.5 million in contributions.

Secretary Brunner issued subpoenas earlier this month to LetOhioVote.org and to Gene Pierce, its treasurer; Carlo LoParo, its spokesman; and Thomas Brinkman, a member of the ballot committee.

They asked the Supreme Court on Monday to block her investigation, and to recognize the Ohio Elections Commission as the proper venue for any further inquiries into their activities.

Justices stayed Ms. Brunner's timetable Tuesday for compliance with the subpoenas until they reach a final determination on the complaint from LetOhioVote.org.

The group is asking for an order prohibiting the secretary of state from trying to enforce the subpoenas, from threatening criminal prosecution for noncompliance, or from trying to compel committee members to testify at a deposition.

Justices gave parties in the case about one month overall to file evidence and written arguments.

Jeff Ortega, spokesman for Secretary Brunner, said that while the court order delays action with respect to those who filed the lawsuit, it does not apply to subpoenas issued to three others.

Also served with demands for information were New Models of Virginia; Norman Cummings, Lancaster, Va., who set up the domain name LetOhioVote.org; and Tim Crawford of McClean, Va., identified as president of New Models.

"As far as the other individuals and organization, Secretary of State Jennifer Brunner believes these subpoenas are (valid) and that she had the authority to investigate," Mr. Ortega said.

Separately, David Langdon, lawyer for LetOhioVote.org, said the court entry means justices see sufficient merit in the group's argument.

Mr. Pierce said LetOhioVote.org had fully complied with all campaign finance regulations. "Secretary Brunner has greatly overreached in her pursuit of our committee," he said in a news release.

LetOhioVote.org has argued that Gov. Ted Strickland and the General Assembly unconstitutionally bypassed the public's right to referendum when it included the slot machine initiative in the state budget.

The Supreme Court subsequently ruled the proposal was subject to referendum. LetOhioVote.org has filed 542,803 signatures with the secretary of state to place the issue before voters in the Nov. 2 election. It needs 241,366 valid signatures to qualify. Supplemental petitions filed after the group initially fell short of the number needed still are being checked.

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LetOhioVote Wins Rounds One