by Bob Fitrakis & Harvey Wasserman
November 2, 2010
In Columbus on Monday, November 1, Cliff Arnebeck, lead attorney for the King-Lincoln-Bronzeville election theft lawsuit, argued in a racketeering complaint in front of the Ohio Elections Commission that the Partnership for Ohio's Future, an affiliate of the Ohio Chamber of Commerce, should disclose its secret donors. We are co-counsel and plaintiff in the King-Lincoln suit.
Arnebeck argued that former George W. Bush strategist Karl Rove and the Chamber of Commerce are illegally coordinating donations in Ohio. While the recent Citizens United U.S. Supreme Court decision allows for unlimited contributions from independent campaign organizations, it does not allow coordination between candidates and independent committees.
Over the past four election cycles, the Chamber has made public its list of campaign donors. There's been an ongoing struggle between the Chamber and its critics to list individual donors to the U.S. and Ohio Chambers, instead of their practice of listing lump-sum totals attributed to both Chambers.
Brad Smith, the Chamber's Chief Counsel, promised in front of the Ohio Election Commission, that the Chamber would produce the names of the donors it has failed to disclose this year.
In his "ten-second rebuttal" before the Election Commisson's Probable Cause panel, Smith complained that Arnebeck never asked him for the list.
In the hall after the hearing, Linda Woggan, the Chamber's Vice President for Governmental Affairs, promised Arnebeck that she would provide the list of secret donors as well.
Arnebeck specifically asked for the list in electronic form so it could be disseminated to the media prior to Election Day.
In the wake of Smith's promise, the Commission voted 3-1 to deny Arnebeck's probable cause motion demanding that list. Arnebeck called Ohio Secretary of State Jennifer Brunner who agreed to have subpoenas issued to the Chamber and its affiliates. Brunner, in her capacity of secretary of state, is the party being sued in the King-Lincoln-Bronzeville case, replacing former Secretary of State J. Kenneth Blackwell.
Following the hearing, Arnebeck, under the auspices of the King-Lincoln-Bronzeville federal case, then served subpoenas on the Partnership, the Ohio Chamber of Commerce, the Chamber's Educational Foundation, as well as Woggon and Chamber President Andrew Doehrel at 11:30am at the Chamber building. The subpoenas demanded the names of the secret donors by 2pm.
At 1:30pm, Smith called Arnebeck and assured him that the list of donors would be produced by 2pm, or no later than 3pm.
At 3:30pm, a courier delivered to Arnebeck the Chamber's official response: a motion to quash the subpoenas, and to keep secret the Chamber's donor list.