The uphill climb in this case involves defending against the charge by Secretary of State Jennifer Brunner that a pro-charter school PAC, All Children Matter Ohio, received illegal contributions from an out-of-state affiliate PAC based in Virginia and not registered in Ohio, and funneled $870,000 to 29 Republican candidates for statewide office.

According to the myth, Sisyphus was a powerful and cunning knave who angered the high lord of the Underworld with his tricks, and was finally held accountable and served his time in Hades doing this frustrating labor.

Would it be too strong to suggest that this mythical image could also apply to Todd himself, who has been the premier figure in attempting frustrate real campaign reform in Ohio?  His knavish behavior permeates campaign finance issues.  As one of the architects of HB l, the bogus campaign finance reform bill, he helped set back real reform. It was introduced and passed in a hurried special session at the end of 2004 and tripled contribution limits.  He was also the lawyer who represented Citizens for A Strong Ohio, a front group for the Ohio Chamber of Commerce, which illegally used corporate treasury money to help buy a business friendly supreme court for Ohio.  His argument in that case, which he finally lost after a five year battle in the Ohio courts, was the First Amendment right of free speech, which he seems to have rolled out again in this case.  Perhaps this is the rock which Todd will be condemned to push up the mountain of court proceeding that already seem to many like an eternity.

The money is speech argument, on which Todd has based his defense, will be the perennial rock until the courts decide that big money in elections does overwhelm the real speech of the public's voice. Ohio's weak, easily circumvented and often unenforced campaign finance regulations are an insufficient barrier to the large amounts of money corrupting our elections. However, the many stories of criminal behavior that have gained notoriety in Ohio politics may have a positive side.  They paint a stark picture of a failed campaign finance system, which calls for radical change in the way we fund our elections in Ohio.

Public Financing, the "clean money" alternative

In an attempt to counter the slippery slope of traditional campaign finance reform, Common Cause/Ohio will be initiating a statewide conversation on the subject of "public financing."  We hope to be able to show that by taking the special interest money out of the election process and eliminating the temptation for public officials to bow to special interest obligations, there will be a greater incentive for them to serve the people. This is not to say public financing is the perfect solution and that it will eliminate all of the knavish behavior, but it will put the emphasis back on the "public" as the main stakeholder in our democratic process, and will help level the playing field.

With a public financing system we hope to put people such as Bill Todd and other well paid lawyers and lobbyists out of the campaign finance business.  The First Amendment was never intended to be used as an instrument against the public interest.