Bill listing party ID for Ohio Supreme Court candidates clears Ohio Senate

COLUMBUS, Ohio – The Ohio Senate has approved a bill that would require November ballots to list party affiliations for state Supreme Court candidates, a move that could reverse Democrats’ recent string of victories for seats on the court.

Senate Bill 80 also would move state Supreme Court races higher up on the ballot to be with other statewide candidates, instead of near the bottom of the ballot where they currently appear. Candidates and measures that appear at the end of the ballot often receive fewer votes. In 2020, there were nearly 1 million fewer votes in Supreme Court races than there were for candidates at the top of the ballot.

Senators approved the measure 24-9 on Wednesday, with Republicans voting yes and Democrats voting no.

Bill sponsor Sen. Theresa Gavarone, a Wood County Republican, described her legislation as promoting judicial transparency, saying it helps better inform voters, particularly since judicial races aren’t often closely followed. Even though their party affiliation doesn’t appear on the ballot in November, Ohio Supreme Court candidates still run through party primary elections in the Spring.

“Why should voters have to ask around for information instead of having it readily available on the ballot?” Gavarone said.

Opponents, which include professional associations representing attorneys and outgoing Chief Justice Maureen O’Connor, a Republican, say it will increase the perception that the court system is politicized.

The partisan affiliation requirements also would apply to state appeals court seats.

Democrats who opposed the bill didn’t directly reference the implications the bill may have on Supreme Court races. Instead, they criticized the bill for not applying to all judicial races, like a similar bill did that passed the house in December, but died after the Senate failed to act before the legislative session ended at the end of the year.

“Whatever we need to do, it needs to be consistent across the board,” said Sen. Tina Maharath, a Columbus Democrat.

After Wednesday’s session, Senate President Matt Huffman, a Lima Republican, said voters often know more about local judges, who are less restricted in campaigning than statewide judicial candidates are. But he said he’d be open to including local judges.

“I do think though that suggestion that we continue to look at these local races and how they’re identified is an important one,” he said.

The bill still requires approval from the House and Gov. Mike DeWine’s signature to become law.

If approved, the bill could have major ramifications for state judicial races. While losing most other statewide races in recent years, Democrats have had recent success gaining seats on the state Supreme Court, with Republicans now holding a narrow 4-3 majority. Republican judges, meanwhile, routinely win appellate races in areas with heavy Democratic majorities, including in Cuyahoga, Franklin and Hamilton counties. If partisan affiliations were listed on the November ballot, it would be much less likely that either would happen.

The House has reintroduced its own version of the bill, which also only applies to Supreme Court and state appellate court races, and it’s currently going through committee review.