Judges dismiss lawsuit over who controls Ohio House Republicans’ campaign account

A three-judge appeals court panel has dismissed the months-long dispute over who controls the Ohio House Republicans’ campaign account, returning the case to the feuding lawmakers who brought it. But the battle between the two factions of the Republican supermajority continues, less than two months before the November election.

The 10th^He The U.S. District Court of Appeals dismissed a lawsuit filed by Rep. Derek Merrin (R-Monclova Twp.) and his supporters, who said they should monitor the Ohio House Republican Alliance (OHRA) campaign account because Merrin won support from more Republicans for House speaker last year than Jason Stephens (R-Kitts Hill). Stephens won the House speakership with more Democratic votes than GOP votes.

“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, a former Democratic state representative. “It is not a court’s prerogative to make such rules. Courts are not courtroom monitors required to intervene in every political dispute.”

Leland also wrote: “The statute is entirely neutral as to whether appellants or appellees have the better right to represent the parliamentary caucus in the administration of the OHRA.”

A Franklin County judge ruled in Merrin’s favor in the original lawsuit, and his ally, Rep. Phil Plummer (R-Dayton), took over the bill.

Both sides continue to claim they are in charge of the OHRA account. Just after the ruling was made public, Stephens wrote on social media: “The Chairman has always led the majority party’s campaign committee.” Plummer emailed a statement saying the ruling “makes clear that Jason Stephens has no legal standing to interfere” and that it “has no practical effect on the ongoing operations of the OHRA under Chairman Plummer.”

An appeal is likely to be filed with the Ohio Supreme Court.

Behind this fight is the fight to become House speaker next year, as Stephens is likely to face Senate President Matt Huffman (R-Lima) for that seat. 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 believes “it’s very, very difficult to lead and legislate when you were elected the way (Stephens) was.”