A panel of three appeals court judges has thrown out the months-long dispute over who controls the Ohio House Republicans’ campaign account, which turns the case back to the feuding lawmakers who filed it. But the battle between the two factions of supermajority Republicans goes on, with less than two months before the November election.
The 10th District Court of Appeals dismissed the suit filed by Rep. Derek Merrin (R-Monclova Twp.) and his supporters, who said they should control the Ohio House Republican Alliance (OHRA) campaign account because last year Merrin won the support of more Republicans for speaker than did Jason Stephens (R-Kitts Hill). Stephens won the speaker’s gavel with more Democratic votes than from the GOP.
"Regardless of whether it was common sense for the trial court to assume a 'majority rules' governance structure on behalf of the caucus, common sense alone does not automatically grant jurisdiction," wrote Judge David Leland, himself a former Democratic state representative. "It is not a court's prerogative to set such rules. Courts are not hall monitors duty-bound to intervene in every political squabble."
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Leland also wrote: "The statute is entirely neutral as to whether appellants or appellees have the better claim to represent the caucus in administering OHRA."
A Franklin County judge ruled for Merrin in the original lawsuit, and his ally Rep. Phil Plummer (R-Dayton) took over the account.
Both sides still claim they are in charge of the OHRA account. Just after the ruling was released Stephens wrote on social media, "The Speaker has always led the campaign committee of the majority party." Plummer emailed a statement saying the ruling "makes clear that Jason Stephens has no legal ability to interfere" and that it "has no practical effect on the ongoing operations of OHRA under Chairman Plummer."
An appeal to the Ohio Supreme Court is likely.
Behind this struggle is the fight to become speaker of the House next year, as Stephens is likely to face Senate President Matt Huffman (R-Lima) for that position. Huffman is term-limited and running unopposed for the House, and Stephens also has no opponent on the fall ballot. Huffman had donated to incumbent Republicans who supported Merrin in the May primary, and has said he thinks "it's very, very difficult to lead and legislate when he was elected in the manner that (Stephens) was."
