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Sub. H.B. 694: Ongoing Chronology of Events
On January 2, 2007, then Ohio Governor Taft signed into law
Substitute House Bill 694, enacting
sweeping changes to Ohio’s pay-to-play laws.
The new law places significant restrictions on
many political contributors who currently hold, or
hope to win, a contract with the state or local government.
The new law also extends these prohibitions
to many local political subdivisions that were
not covered under previous versions of the law,
including county commissioners, city council
members, township trustees, school board members,
and other local boards, commissions, task/
forces, and other authorities.
JULY 18, 2008 UPDATE: Appeal of Pay-to-Play Decision Changes Legal Landscape Once Again
Once again, the law related to political contributions and contract eligibility has changed.
On June 18, 2008, Judge John Bender, of the Franklin County Court of Common Pleas, issued a ruling that struck
down revisions to Ohio's pay-to-play laws. See Ohio's Pay-To-Play Laws:
2006 Version Reinstated. So for the last month, the version of the law that existed in 2006 --
before recent legislative changes-- has been in effect.
But that has all changed. The State of Ohio appealed Judge Bender's decision and asked for a stay of his ruling pending appeal.
Judge Bender granted the stay on July 17, 2008, which effectively puts Ohio's stricter, more comprehensive laws back into effect.
Full text of the July 17 stay. So for now, and until the appellate court rules, the version of the law as enacted in HB 694 and HB 119 is in effect pending appeal.
For a summary of that law, see Government Contractors Beware: Update to Ohio's
Pay-To-Play Laws from July 2007.
The Court of appeals has expedited the briefing schedule for this case, which should lead to a decision relatively quickly.
Briefing will conclude in mid-August, with an oral argument to follow. If Judge Bender's decision is upheld,
Ohio's old pay-to-play laws will be back in effect again. . . . pending a possible appeal to the Ohio Supreme Court.
JUNE 18, 2008 UPDATE: Court Rules Ohio Pay-to-Play Laws Unconstitutional
The Franklin County Court of Common Pleas has issued a Decision and Order
in the challenge to Ohio's pay to play laws, striking down the law and putting the version of the law that existed before April 4, 2007,
when House Bill 694 and its subsequent amendments were passed, back into effect.
The latest ruling in the trial court's case involved the Ohio Attorney General's Motion to
Dismiss filed in the UAW v. Brunner case. In December of last year, the Court issued an order striking Ohio's law (H.B. 694)
because of deficiencies in the way the law was enacted, signed and filed.
Before that Order was journalized, the Ohio Attorney General filed a Motion to Dismiss,
arguing that H.B 694. was substantially re-passed in Am. Sub. H.B. 119, the Ohio budget bill,
thus curing any defects in the way the manner in which H.B. 694 was signed and filed. Both H.B. 694 and the applicable
portions of H.B. 119 adopted strict restrictions on campaign contributions to Ohio state and local officeholders by contractors and other vendors.
Franklin County Court of Common Pleas Judge Bender reiterates that H.B. 694 is unconstitutional, and finds portions of H.B. 119 which purported to amend H.B. 694 also unconstitutional.
in that it invalidly attempted to amend an unconstitutional statute.
Judge Bender further determined that the campaign contribution provisions of H.B. 119 unconstitutionally violated the "single subject rule"
as they did not relate to the prime purpose of the bill.
Thus, both bills which attempted to enact the restrictive limitations on campaign contributions by government contractors
have been stricken. Unless the State of Ohio appeals the decision and seeks a stay, the previous version of the law, which existed prior to
April 4, 2007, is now in effect. It is important to note that Ohio law still contains restrictions on political contributions
by contractors, but the previous version of the law is not as restrictive or far reaching as the provisions contained in HB 694.
For more information, please contact
Maria J. Armstrong at
marmstrong@bricker.com.
Ohio’s Pay-to-Play Laws: 2006 Version Reinstated
Bulletin by the Bricker & Eckler government relations attorneys on the June 2008 court decision
Franklin County Court of Common Pleas Ruling on Motion to Dismiss
June 18, 2008
Order of the Franklin County Court of Common Pleas
June 18, 2008
United Auto Workers' Memorandum in Opposition to Motion to Dismiss
December 18, 2007
Ohio Attorney General's Motion to Dismiss
December 17, 2007
December 2007 Update: Court Issues Decision on Constitutionality of Ohio "Pay
to Play" Laws
On December 5, 2007, Judge John Bender of the Franklin County Court of Common Pleas issued a ruling in
several pending lawsuits holding that H.B. 694, as originally enacted by the Ohio General Assembly, was adopted in violation
of procedural requirements of the Ohio Constitution and, therefore,
is void as law. At first glance this would suggest that the very stringent prohibitions on campaign contributions contained
in H.B. 694 are no longer in effect. The Ohio General Assembly, however, in June 2007 adopted amendments to the original
H.B. 694 as part of the Ohio biennial budget bill, H.B. 119. Because of the uncertainly of the effect of this decision on the amended version of the law, contractors
should use caution in changing their campaign contribution practices.
Ohio’s Pay-to-Play Laws: A Year-End Update
Article by Bricker & Eckler attorneys updating the status of Ohio's pay-to-play laws at the end of 2007
December 12, 2007
Full text of the
Franklin County Court of Common Pleas decision
December 5, 2007
An Update to Ohio’s Pay-to-Play Laws: What Every Local Official Needs to Know
September 2007
Status report on the court, legislative and executive proceedings surrounding H.B. 694, Ohio’s pay-to-play law and a series of frequently asked questions and answers about the law.
Government Contractors Beware: Update of Ohio's Pay-to-Play Laws
July 2007
Update on amendments to Ohio HB 694 and pending lawsuits and the ability of government contractors to make political contributions.
Ohio General Assembly Adopts Various Amendments to House Bill 694
June 2007
The recently passed Ohio House Bill 119, the state budget bill, contains several amendments to, and addresses a number of concerns raised
since the passage of House Bill 694.
Government Contractors Beware:
Political Contributions Could Cost
You Business
January 2007
Bulletin on the new Ohio law H.B. 694 severely limiting political contributions by government contractors.
Ohio's New Pay-to-Play Laws: What Every Local Elected Official Needs to Know
January 2007
Summary of Sub. H.B. 694,
focusing on those provisions that most directly impact local government officials.
Should We Form A Political Action Committee? Participation in Ohio’s Political Environment
In today's environment, increased scrutiny and penalties associated with political make state and federal political action committees
a more valuable tool than ever before. A corporate or trade association PAC that is established and operated correctly can provide a legal voice in the
political arena while avoiding penalties and loss of business from pay-to-play violations.
Ongoing Chronology of Events
January 2, 2007
Sub. H.B. 694 is enacted into Ohio law with an effective date of April 4, 2007
May 1, 2007
On May 1, 2007, the Franklin Common Court of Common Pleas issued a Stipulated Order staying application of Sub. H.B. 694 to collective bargaining agreements in the
case UAW Local Union 1112 v. Jennifer Brunner, Secretary of State. The Order stays the application pending final resolution of the case.
June 8, 2007
On June 8, 2007, the Franklin Court of Common Pleas issued a decision finding that Sub. H.B. 694
could not be applied retroactively.
June 28, 2007
Both Houses of the Ohio General Assembly pass House Bill 119,
the state budget bill, and address a number of concerns raised since the passage of House Bill 694.
December 5, 2007
Franklin County Court of Common Pleas Judge Bender rules that H.B. 694, as originally enacted, was adopted in violation
of the procedural requirements of the Ohio Constitution and is, thus, void.
June 18, 2008
Franklin County Court of Common Pleas Judge Bender reiterates that H.B. 694 is unconstitutional, and finds H.B. 119 which purported to amend
H.B. 694 also unconstitutional.
July 17, 2008
Franklin County Court of Common Pleas Judge Bender issues stay of his decision of June 18, 2008 while Ohio Attorney General pursues appeal to the
Court of Appeals
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