🧐 THE FINE PRINT #2
WHO GETS TO SEE THE RECEIPTS?
Yesterday I asked a simple question: Why did lawmakers use HB 519 for the gas-tax holiday instead of the gas-tax bills already sitting in the legislature? Could a reporter or taxpayer simply request the emails, texts and communications that might help answer that? 🧐 Well, here’s THE FINE PRINT.
Last year, tucked inside Ohio’s massive state budget, HB 96, lawmakers changed public-records law as it applies to the General Assembly. Qualifying “legislative documents” generally are NOT considered public records during the General Assembly in which they were created. Important distinction: that does NOT mean every legislative email or text is permanently secret. Some records are treated differently, and records not otherwise exempt can generally become public after the General Assembly ends.
But while lawmakers are making decisions, some records that could help Ohioans understand HOW those decisions were made may not be available through a public-records request. And here’s the kicker: Gov. Mike DeWine VETOED this change, objecting to an overly broad exception to Ohio’s Public Records Act. The Republican supermajority overrode him.
🏛️ House: 61–28
🏛️ Senate: 21–11
So why does this matter? Go back to the gas-tax holiday. Dr. Amy Acton called for one first. Hours later, Ramaswamy announced his proposal alongside CURRENT House Speaker Matt Huffman and CURRENT Senate President Rob McColley, Ramaswamy’s running mate, at the Ohio Chamber of Commerce, whose PAC endorsed Ramaswamy.
And behind Ohio’s legislative leaders?
CAMPAIGN SIGNS. 🪧
Ramaswamy publicly emphasized that he was working w/legislative leaders to turn the proposal into action. After lawmakers passed it, he appeared with them AGAIN and described the result as a “preview” of how his administration would work. 🤔 McColley rejected the suggestion that the legislative action was being undertaken for Ramaswamy’s (and his) campaign benefit.
Does any of this PROVE an ethics violation?
NO.
But there’s another piece of THE FINE PRINT: TIMING. ⏰
Lawmakers had been on break and weren’t scheduled to return until AFTER Election Day. Instead, they were called back, passed the gas-tax holiday w/an emergency clause, and it takes effect on October 4, exactly 30 days before Election Day. That timing is especially interesting bc the Ohio House itself has an internal policy restricting certain taxpayer-funded communications from members on the ballot during the 30 days before an election. 🗳️ That policy recognizes an important boundary between OFFICIAL GOVERNMENT activity and CAMPAIGN activity close to an election.
So when a candidate appears w/legislative leaders in front of campaign signs, publicly presents their legislative action as evidence of what he could accomplish as Governor, and the resulting policy takes effect exactly 30 days before Election Day…
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