In Wisconsin, Gov. Scott Walker (R.) rallied Republicans in the state legislature to limit collective bargaining by public employees. In New Jersey, Gov. Chris Christie (R.) coaxed a Democrat-led state legislature to increase public employees’ share of their health-care and pension costs. In Indiana, Gov. Mitch Daniels (R.) secured merit pay for public-school teachers.
But in Ohio, a bill containing all these reforms is headed for defeat in a referendum on November 8. According to an October 25 poll by Quinnipiac University, 57 percent of Ohioans oppose the bill, while 32 percent support it. Meanwhile, its most prominent advocate, Gov. John Kasich (R.), is unpopular: Fifty-two percent disapprove of his performance; 36 percent approve.
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Why might the Ohio GOP lose this referendum? Buckeye Republicans say they miscalculated.
First, the legislation is too complicated. Senate Bill 5 is a 302-page conservative wish list: a ban on public-employee strikes, a tightening of standards for union elections, and the elimination of automatic pay hikes, among other things. At first, Governor Kasich wanted to pass these reforms piecemeal — tuck a few into the state budget, add some more by separate legislation.
“We did not want to do the whole thing at once,” says William Batchelder (R.), speaker of the state house. “The governor and I agreed on that.”
Republicans control both houses of the legislature, but legislators have minds of their own. In February, state senator Shannon Jones (R.) introduced the catchall legislation, and state-senate Republicans, confident with their two-thirds majority, muscled it through the chamber. By March, the bill was passed, and the opposition was ready: Senate Bill 5 was a power grab — a pilfering of workers’ rights.
“We let the Democrats control the message,” state senator Keith Faber (R.) laments.
To Republicans’ chagrin. Ohioans support many of the reforms in the bill. For instance, 49 percent agree with instituting merit pay, and 57 percent agree with requiring public employees to pay 10 percent of their wages toward pensions. But as Republicans prepared a budget in the spring, union forces prepared a counterattack. By July, they had collected enough signatures to put the law on the ballot in November.
In August, the state Ballot Board finalized the ballot language (“Shall the law be approved?”), and Republicans again faltered. The board comprises two Democrats, two Republicans, and the secretary of state, Jon Husted (R.). One Republican member, Faber, argued that opponents of the bill should have to vote “Yes” on the referendum. “The other side marketed the referendum on the premise of repealing the bill,” Faber explains. “The question on the ballot should have been, ‘Shall Senate Bill 5 be repealed?’” What’s more, people tend to vote “No” on referenda when confused by its language, so this wording would have advantaged the Republican side. Over 80 percent of state referenda phrased in this manner fail, partly because of this bias.
In an attempt at evenhandedness, however, Husted proposed that the question require opponents to vote “No.” The past twelve referenda had followed this format, according to his office’s records. Matt McClellan, a spokesman for Husted, points out that the vote on the language was unanimous. But Faber explains that because of the board’s structure, Husted had the deciding vote, so once his position was clear, it voted as a unit.
Then there is the campaign. Opposition forces, under the banner “We Are Ohio,” had raised $30.6 million for their effort — and had spent $26.3 million — by the latest filing deadline. (Teachers’ unions alone had contributed $9.7 million.) By contrast, the pro-reform group, “Building a Better Ohio,” had raised only $7.6 million and had spent just $6 million.
“The teachers’ unions are the biggest contributor to their campaign,” notes Connie Wehrkamp, spokeswoman for Building a Better Ohio. “Teachers don’t have a say in whether they’re going to pay their dues; they’re forced to pay them. They can opt out of the union, but they still have to pay ‘fair share’ fees. If we could go out and assess people $54 apiece just to fight an issue, we’d have more resources. But we have to raise money the old-fashioned way.”
Although the pro-reform group’s performance seems underwhelming, it may be impressive for a referendum campaign in an off-year election. Supporters of another issue on the ballot had raised only $255,000 since July, while their opponents had accumulated just $5,100. And despite grumbles among conservatives that Building a Better Ohio was slow in getting organized, Robert Bennett, the Republican national committeeman for the Buckeye State, pooh-poohs their complaints: “You hear that on every campaign.”
And Republicans aren’t conceding the race. “We will have made over 1 million phone calls over the course of the campaign in support of both ballot issues,” says Kevin DeWine, chairman of the state party. “We’ve hired ten full-time staffers to ensure these issues are passed, and we are on track to knock on more than 100,000 doors.”
But one disadvantage is particularly acute: John Kasich. Many Republican governors are currently unpopular because of the economy, but Kasich is especially so. (Walker and Christie, for instance, have seen their approval ratings rise in recent months.) Kasich has earned a reputation for prickliness, thanks in part to occasional outbursts, such as when he called a policeman an “idiot” in a pep talk to state employees.
According to a source familiar with the situation, the pro-reform forces commissioned a focus group led by Frank Luntz that found Kasich’s association with the bill was toxic. In recent weeks, Kasich has taken to the hustings in support of the bill, and unsurprisingly, his critics say, its support has plummeted even further. What’s more, the source says there’s friction between Kasich and Secretary Husted, who have differed on legislative strategy for these reforms. (Jones allegedly worked with Husted’s office in drafting her legislation.)
McClellan denies any tension: “I know the secretary has been asked that before. He has stated that he has a lot of respect for the governor.”
And Bennett thinks the staff may be the problem. “I have not detected anything that the principals have disagreed on, but if you could put tape over the staff’s mouths, it might be better.”
Bennett also defends Kasich: The governor and the legislature have filled an $8 billion deficit without raising taxes. “When Mitch Daniels was doing the things that were necessary he was very unpopular for two years,” Bennett says. “Kasich will be unpopular for a few years, but as his programs take hold he’ll be fine in four years.”
— Brian Bolduc is an editorial associate of National Review Online.
I lived in Ohio for 50 years. It's a State full of knuckleheads. In 2004 they voted for George Bush even though his policies cost the State more jobs than any other State in the union. So no I'm not surprised they will vote down a bill that will save jobs and money. This is a State that will cut off it's nose to spite it's face. You go Buckeyes! Next year they will all be whining when their taxes go up and people get laid off.
What, specifically, did Bush do to hasten job loss in Ohio? Ohio, like a handful of other states in the early aughts, had the misfortune of being a Rust Belt manufacturing region during a period of secular decline in manufacturing.
What Bush policy helped this along, or did other damage?
While I support OH SB-5, and Governor Kasich, the manner in which the bill was pushed through was terribly reminiscent of the tactics employed by the Democrats when jamming through the Health Care Reform Act, aka, "Obamacare." When a piece of legislation requires political hardball of that degree, it seems not to be a good indicator for how the electorate will accept it.
Fine! If the citizens of Ohio want to suffer the consequences of letting the union rule their state then so be it. However, don't expect me, the federal taxpayer, to bail out Ohio when they can't pay their bills. You are on your own, sweethearts!
BreakRight is correct, as my tag implies I live in Ohio. The legislation put through as SB-5 became a monster. If it would have broken up as originally planned, I believe we would not be in the predicament we are in now. Combining the legislation created a target and the unions have mounted an extremely effective campaign. Some of the pols I personally know who support the bill are reluctant to openly support retaining the bill due to the negative feelings it created. Too bad, the reform is desperately needed in our State. I hope that the legislature can go back and pass a few key parts separately to salvage some of best parts of the bill.
That statement alone tells you why the Republicans are about to lose this referendum and why they are known as the "Stupid Party". Did they not witness the actions in Wisconsin and New Jersey and other states that have tried to tamp down union goodies? They should have known going in that this would be a knife-fight, with union money and a compliant media on board to distort, slander, and lie about this bill and what it would mean. But oh no, we have to be "even-handed". How many of the ads and "news" stories about this bill have been even-handed? That's what I thought.
Make all the excuses you want for the probabable defeat of SB 5 in Ohio, but at the end of the day the responsibility for accepting or rejecting the legislation lies with the people. It is their responsibility to understand what they're voting for - or against - and what the consequences of their vote will be. While the bill might be too long and complicated, only the most ignorant and/or uninformed Americans are unaware that the cost of collective bargaining for public employees is unsustainable and that other union staples, such as tenure for teachers, hurt more than they help. Parents should want the very best teachers for their children, not mediocre teachers who have been around the longest.
I agree, but as the article points out, if Kasich had his way of voting in each issue one-at-a-time, or just a couple, instead of the whole thing thrown together at once, it would have been palatable. Now, trying to do it that way will only raise doubt.
BTW, I've seen Husted in action...He's a bully, and only cares about advancing his agenda! It doesn't surprise me that he's somehow behind this mess!
I don't doubt that self-centered, incompetent politicians are messing up the process in Ohio, but I'm weary of people who vote with their emotions and then complain about the consequences. Does any rational person believe the GOP in Ohio is collectively against fire fighters and police officers? Too often in politics it's easier to look for a scapegoat than make the tough, adult decisions. No one wants to deprive teachers, fire fighters and police officers of what we believe they deserve, but we can't give them what we don't have.
Why don't we pay professional athletes less so we can pay teachers, fire fighters and police officers more? Millions of tax dollars would be available if state and local governments didn't subsidize professional teams and their state-of-the-art facilities. It's not fair, but it's not the GOP's fault that teachers, fire fighters and police officers don't make what they're worth and athletes make more than they're worth. And the solution is not to ignore reality and push the state closer to bankruptcy. Unless Ohio taxpayers are willing to pay a whole lot more to secure lucrative retirement benefits for public employees, something has to give.
I won't speak to the 'make what they're worth' component. I do think Gov Kaisich has dropped the ball on the PR side of things. Gov Walker's numbers are improving because he's out there touting the retained employees, lower taxes, and benefits of WI's legislation. While a judge cut that route off for Gov Kaisich, a more concerted PR push from the beginning would have saved some heart ache.
I personally feel my blood pressure rise when I see the 'police won't be able to negotiate the amount of X they want' arguments. So they're saying that anyone who doesn't give them everything they want is choosing to let kittens die? Please.
Unfortunately too many people are believing this.
Hopefully what the Republicans will learn from this (and the current redistricting mess) is that you divide and conquor, and doing the right thing is hard sometimes.
I can't disagree more with you on Husted. This is the kind of rising star the GOP needs to look towards. He's ironclad pro-2nd amendment and pro-life, and has a great record on tax reform, who is respected by democrats and republicans alike for getting things done and setting the agenda.
As for the friction between Kasich and Husted I've never seen it, the real friction in the Kasich administration is between the governor and his LT. Mary Taylor
If Husted is what Ohio GOP needs, then we're in for a whole lotta hurt! It's obvious to me you're 'star-struck', but I will agree that he isn't the only one in the GOP here that is causing friction.
The problem comes down to the way this entire bill was managed or should I say mismanaged. It really was too complicated and it wasn't packaged correctly; basically, the popular pieces like sharing the benefit cost and not pushing the entire thing through, our way or no way, was a mistake. The other problem has been the mismanagement of the commercials against the bill, there hasn't been enough to repute the distorted facts. It's sad because this will embolden the teachers union and at the end of the day the man they will go after is us.
Why is it that supposedly "business savvy" Republicans are so utterly incompetent when it comes to marketing, PR, and sales? I mean a 2nd year marketing m ajor could've figured out a better plan for dealing with this.
It's truly a shame. Kasich is a forceful, energetic guy who has the guts to move things forward. But - it his haste, he forgot that it's all politics. He and his colleagues in the Senate/ House did not work it out with the people and OTHER major groups in OH.
If this fails, it will embolden the union flack to continue their radical agenda elsewhere. Of course, if Ohioans are stupid enough to buy into that spiel, then let them suffer the consequences. They'll continue to lose business and jobs hand over fist., Then see who can afford all the lush teacher retirement and other benefits.
A good comment. In spite of its apparent flaws, if Ohioans vote to repeal this legislation they are making a huge mistake. They will be reducing the flexibility of their local governments to handle the huge cost of public employee benefits and salaries, and will be foregoing an opportunity to reduce the undue political power of public employee unions.
But that's okay - if it means more companies and jobs move to Texas, so be it. A fool and his money are soon parted.
I'm really tired of hearing these comments that people should be excused from responsibility because a bill was 'complicated'. Not everything can be placed in 'comic book format' to satisfy the idiots in our culture. If you can't understand then stay at home. You don't need to be voting. People need to take a little time and educate themselves on what is going on. It is YOUR government and you need to know something about it. People have no trouble knowing what someone's batting average is but don't know who their representative is. Give me a break!
You write, "If you can't understand then stay at home." The problem is our voting laws don't work that way. Thomas Jefferson understood that the success of our democratic republic was predicated on an informed electorate. We abandoned that path long ago. The only bar to voting is age, citizenship, and not being a convicted felon. That's a pretty low standard. I doubt 85 percent (and I'm being generous) of active voters could pass a civics exam that tested even the most basic components of how our government functions. For example, it's common to hear even "educated" folks refer to the president as "the most powerful representative in our country." If you call their bluff by mentioning the division of power (i.e., that our president isn't a representative, rather the chief executive) in our federal system, you're likely to get a blank stare.
Wow, Claude, schizophrenic much? I live in Ohio, too, and I think that the voters will surprise you. There are a lot of people out here disgusted by the Union ads that are being broadcast with that $26M. The way the hamhanded legislature did it was a problem, but I think most people - outside the urban areas - will vote yes.