10/17/00 1:10 p.m.
The Hottest Race in Ohio
It's none of the ones you are thinking of.

By Kevin Holtsberry, freelance writer based in Ohio

here is battle going on in Ohio largely under the radar of the national press. Not Bush-Gore, not Tiberi-O'Shaughnessy, not DeWine-Celeste but Resnick-O'Donnell. Justice Alice Robbie Resnick and Cuyahoga County Court of Appeals judge Terrence O'Donnell are at the center of a fight for control of the Ohio supreme court — arguably the most important race in the state given its impact on public policy.

Republicans, on paper at least, have a 5-2 majority on the court. Yet, in a series of decisions on tort reform, workers compensation, and education funding Republican policies have been rejected 4-3 (two R's and two D's). Two justices are up for reelection this year: conservative Republican Deborah L. Cook and liberal Democrat Resnick. From the beginning, the Resnick race has been the focus of Republican's search for revenge. Republicans feel the court is encroaching on the legislature's right to make policy, the Democrats feel the court is properly scolding an out-of-line and deficient legislature. Given the philosophical and political stakes involved, especially considering the Democrats lack of success statewide, it is not surprising that this has been and will continue to be a costly and ugly campaign. In the end, many expect that the race to cost at least $4 million.

An October 8 Columbus Dispatch poll gave Resnick the lead (30-19, +/- 2), but with 51 percent undecided, the race is wide open. The candidates themselves are not allowed to spend more than $500,000 and are supposed to avoid personal attacks, but unregulated interest groups are raising large sums and taking sides. The innocuous sounding "Citizens for a Strong Ohio" (i.e.: the insurance industry, hospitals, and, the business community) and "Citizens for an Independent Court" (i.e.: trial lawyers, unions, and public-sector types) and both political parties are running hard-hitting 30-second ads. Resnick's opponents accuse her of offering "justice for sale" and being in the pocket of the trial lawyers. Her supporters, touting Resnick as "fair," and trying to take the "high ground" argue that the other side is guilty of — horrors — ugly partisanship!

In an age of term limits this is a race that could determine the climate for Ohio politics in the years to come. Ads, and charges and counter charges, are likely to fly fast and furious.

In the next few weeks the focus will be on effectively deploying scarce resources at all levels. Neither side is likely to leave money unspent, however. Democrats, facing a steady but not spectacular Bush lead in Ohio, a Republican fundraising advantage, and limited-party resources statewide, have already been reallocating some Gore ad funds from Ohio to Florida on a week-to-week basis. Republicans, not content to trust the polls, have been concentrating on get-out-the-vote activities county by county, precinct by precinct. Democrats, fighting for survival, will likely counter with an all out effort at minority and union households.

If Bush continues to surge in the polls, look for more tough decisions. Either way November 7 looks to be a long night.