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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.
JANUARY 2008 UPDATE: Court Issues Ruling on Motion to Dismiss
On January 2, 2008, Franklin County Court of Common Pleas
Judge John Bender issued a ruling on the Ohio Attorney General’s Motion to Dismiss in the UAW v. Brunner case. In that Motion, the
Ohio Attorney General asks the court to dismiss its December 5, 2007 decision (see below) that found House Bill 694 invalid because
of deficiencies in the manner in which the bill was signed and filed. The Attorney General argues that because the text of
H.B. 694 was substantially re-passed and amended in a later bill, Amended Substitute House Bill 119, the court’s ruling was rendered moot.
The impact of the subsequent passage of H.B. 119 was not part of the original pleadings nor was it formally raised to the Court of Common Pleas.
In his ruling, Judge Bender orders the plaintiffs to amend their respective complaints and re-file those with the court. The court also sets a schedule
for answers and dispositive motions, setting the stage for a ruling sometime after March 8, 2008. Until that substantive ruling, and
except as previously stayed by the Franklin County Court of Common Pleas, H.B. 694 remains the law of Ohio.
Judge Bender's Ruling on Motion to Dismiss
January 3, 2008
Ohio Attorney General's Motion to Dismiss
December 17, 2007
United Auto Workers' Memorandum in Opposition to Motion to Dismiss
December 18, 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several pending lawsuits holding that H.B. 694, as originally enacted by the Ohio General Assembly, was adopted in violation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.
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