COLUMBUS
- A conservative group that led campaigns to adopt term limits and oppose casino gambling moved Thursday to keep a proposed sales tax increase off the May 5 ballot.
David Zanotti, president of the Ohio Roundtable, filed a lawsuit in Franklin County Common Pleas Court challengng the never-before-used method state lawmakers used to place the 1-cent tax hike before voters.
Constitution interpretation debated
At issue is a 147-year-old provision of the state constitution invoked by House Speaker Jo Ann Davidson earlier this month after twice failing to secure 60 votes needed to propose the sales-tax increase as a constitutional amendment.
Ms. Davidson, R-Reynoldsburg, shepherded an identical measure to passage in the form of a bill, which required 50 votes rather than 60.
According to a memo issued by Attorney General Betty Montgomery's office, the state constitution allows education-related measures to be placed before voters with a simple majority in the House and Senate, rather than the three-fifths majority required to put a constitutional amendment on the ballot.
David Zanotti maintains that the section in question refers to the state school board and local school districts, not the Legislature.
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The lawsuit is another potential roadblock for a proposal intended to comply with an Ohio Supreme Court decision that declared the state's school-funding system inadequate and unconstitutional.
Even the tax hike's most visible advocate - Gov. George Voinovich - appeared less than enthusiastic Thursday about his support.
When asked whether he would raise money for the campaign, the governor initially said, ''Um, I don't know.''
When pressed, he said, ''I guess I'll be out there trying to raise money for the campaign.'' If the proposal makes it to the ballot and voters approve it, the $1.1 billion raised annually would be divided equally between schools and property tax relief.
Mr. Zanotti argues that because the proposal is a law, rather than an amendment to the Ohio Constitution, there is no guarantee the money will be used to help schools.
''We love the idea of giving the people of Ohio an opportunity to vote on tax hikes,'' he told reporters. ''We just want to know if they are going to get to vote on all tax measures or just the ones the politicians want them to vote on.''
At issue is a 147-year-old provision of the state constitution. It was invoked by House Speaker Jo Ann Davidson earlier this month after she twice failed to secure 60 votes needed to propose the sales tax increase as a constitutional amendment.
While he disagrees with the Supreme Court's school-funding decision, Mr. Zanotti said he is more worried about the legal precedent set by the ballot issue.
''They're making the rules up as they go along,'' he said.
Attorney General Betty Montgomery attempted a pre-emptive strike against Mr. Zanotti by asking the Ohio Supreme Court to quickly dismiss the challenge.
The Ohio Education Association (OEA) also plans to support the proposed sales tax increase, but its level of support has not been determined. The teacher union once vowed to spend up to $4 million to back a similar tax increase that would have directed more of the proceeds to schools.
Mr. Voinovich said some of Ohio's top business leaders, including Procter & Gamble CEO John Pepper, have agreed to help. Then he turned to see Ms. Davidson, Senate President Richard Finan, R-Evendale, and outgoing state Budget Director Greg Browning raise their hands to indicate their support.
''There's Bob Taft over there and Lee Fisher, too,'' Mr. Voinovich said, raising his fist in the air and laughing.
Mr. Taft, the presumptive Republican nominee for governor this year, and Mr. Fisher, a Democrat running for the same post, reluctantly announced their support for the tax increase this week after previously saying they opposed it.
The plan also faces opposition from the coalition of more than 500 school districts that won the school-funding decision. The coalition plans to argue in court that the plan doesn't do enough to fix crumbling school buildings and improve classroom programs throughout the state.
