Ohio 2nd congressional district election, 2006
Encyclopedia
The Ohio 2nd congressional district election, 2006 is an election
Election
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...

 for the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 that took place on November 7, 2006. Incumbent Jean Schmidt
Jean Schmidt
Jeannette Marie Hoffman Schmidt, is the U.S. Representative for , serving since 2005. She is a member of the Republican Party. The district stretches from eastern Cincinnati to Portsmouth....

, who won the seat in a special election in 2005
Ohio 2nd congressional district election, 2005
Elections were held in Ohio's 2nd congressional district on August 2, 2005, to choose a United States Representative to replace Rob Portman, who resigned his seat on April 29, 2005, to become United States Trade Representative...

, ran for reelection. She faced Democrat Victoria Wells Wulsin
Victoria Wells Wulsin
Victoria Elizabeth Wells Wulsin, M.D., D.P.H. is a physician and three-time Democratic congressional candidate in the Second District of Ohio . She is a resident of Indian Hill, an affluent suburb of Cincinnati....

, a doctor from Indian Hill
Indian Hill, Ohio
The Village of Indian Hill is a city in Hamilton County, Ohio, United States, and an affluent suburb of the Greater Cincinnati area. The population was 5,907 at the 2000 census. Prior to 1970, Indian Hill was incorporated as a village, but under Ohio law became designated as a city once its...

, in the general election. Results showed that Schmidt won reelection by 1.26%, and Wulsin conceded the race.

Challenge from McEwen

Schmidt faced a challenge in the May 2 primary from Bob McEwen
Bob McEwen
Robert D. "Bob" McEwen is a lobbyist and American politician of the Republican Party, who was a member of the United States House of Representatives from southern Ohio's Sixth District, from January 3, 1981 to January 3, 1993...

, the former congressman who finished second in the special primary in 2005. McEwen announced his candidacy on January 18, 2006. Schmidt received help from the national Republican leadership. Dennis Hastert
Dennis Hastert
John Dennis "Denny" Hastert was the 59th Speaker of the House serving from 1999 to 2007. He represented as a Republican for twenty years, 1987 to 2007.He is the longest-serving Republican Speaker in history...

, the Speaker of the House; John Boehner
John Boehner
John Andrew Boehner is the 61st and current Speaker of the United States House of Representatives. A member of the Republican Party, he is the U.S. Representative from , serving since 1991...

, the House Majority Leader; and Eric Cantor
Eric Cantor
Eric Ivan Cantor is the U.S. Representative for Virginia's 7th congressional district, serving since 2001. A member of the Republican Party, he became House Majority Leader when the 112th Congress convened on January 3, 2011...

, the House Deputy Majority Whip, participated in fund-raisers for her. Tom Brinkman
Tom Brinkman
Thomas E. Brinkman, Jr. is a Republican former member of the Ohio House of Representatives from Cincinnati. He is known for his opposition to higher taxes and public spending, and has been nicknamed "Dr...

, the third-place Republican from the 2005 primary, did not run and instead endorsed McEwen.

Schmidt ran commercials claiming McEwen had voted "illegally" in Ohio and was actually a resident of Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...

, while stating McEwen had bounced 160 checks on the House bank. "McEwen ought to be ashamed," the commercial declared. Schmidt filed suit against McEwen seeking to bar him from voting in the primary claiming he was not actually a resident of Ohio. McEwen's commercials against Schmidt noted she had voted in support of Governor Bob Taft
Bob Taft
Robert Alphonso "Bob" Taft II is an Ohio Republican Party politician. He was elected to two terms of office as the 67th Governor of the U.S. state of Ohio between 1999-2007. After leaving office, Taft started working for the University of Dayton beginning August 15, 2007.-Personal background:Taft...

's increase in the sales tax and its extension to many services previously untaxed and questioned Schmidt's use of prominent Democratic attorney Stan Chesley to bring her lawsuit against McEwen.

Endorsements

On March 8, The Cincinnati Enquirer reported Representatives Tom Tancredo
Tom Tancredo
Thomas Gerard "Tom" Tancredo is an American politician from Colorado, who represented the state's sixth congressional district in the United States House of Representatives from 1999 to 2009, as a Republican...

 of Colorado and Steve Chabot
Steve Chabot
Steven Joseph "Steve" Chabot is the U.S. Representative for . He is a member of the Republican Party. He previously represented the district from 1995 to 2009.-Early life, education and career:...

 of Ohio stated they had not endorsed Schmidt even though Schmidt's campaign site claimed they had. Chabot later said he had endorsed both Schmidt and her primary opponent. Schmidt also claimed an endorsement from the Family Research Council
Family Research Council
The Family Research Council is a conservative or right-wing Christian group and lobbying organization formed in the United States in 1981 by James Dobson. It was fully incorporated in 1983...

 which was repudiated by the organization. After a review, the Ohio Elections Commission found that the Tancredo and Family Research Council endorsement claims were false but did not warrant any reprimand.

Second degree

WLW-AM reported on March 28 that Schmidt had for years claimed a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...

 in secondary education from the University of Cincinnati
University of Cincinnati
The University of Cincinnati is a comprehensive public research university in Cincinnati, Ohio, and a part of the University System of Ohio....

 awarded in 1986. Schmidt had previously listed two degrees on past campaign websites, but neither her current official or campaign website had the second degree posted. Schmidt's chief of staff, Barry Bennett, told The Plain Dealer Schmidt had completed the requirements for the degree but never filed the paperwork to be awarded a diploma. "I think it's fair to say that she earned it and never collected it," Bennett said.

Reprimand

On April 27, five days before the May 2 primary against McEwen, the Ohio Elections Commission voted 7-0 to issue Schmidt a public reprimand for "false statements" for her claiming to have a second undergraduate degree from the University of Cincinnati
University of Cincinnati
The University of Cincinnati is a comprehensive public research university in Cincinnati, Ohio, and a part of the University System of Ohio....

 that she was not awarded. The Commission wrote in its letter of reprimand that Schmidt had "reckless disregard for truth.".

Even after her reprimand, Schmidt insisted the error regarding her degrees was a mistake by her staff. On May 1, the day before the election, Schmidt appeared on Bill Cunninham's show on WLW-AM in Cincinnati and was asked by a caller about the OEC reprimand. Schmidt repeated her insistence the error was caused by the designer of her web-site incorrectly listing her teaching certificate as a degree in secondary education and social studies. However Schmidt had been claiming the second bachelor's degree since she first ran for public office in 1989. The Clermont Sun newspaper, in a candidate guide from its November 2, 1989 issue, stated "all candidates were mailed a questionnaire; their responses appear inside [the newspaper]." In her response, Schmidt wrote she possessed "bachelor's degrees in political science and secondary education."

Reprimand to McEwen

By a 6-1 vote on March 16, the Ohio Elections Commission issued a public reprimand to McEwen for making a false statement when he used the title "Congressman" before his name in the 2005 primary for Rob Portman's unexpired term. No fines or prosecution resulted from the reprimand. Two other complaints against McEwen were dismissed by the Commission.

Results of the Republican primary

Schmidt won with 33,938 votes to 30,297 for McEwen, with two other candidates receiving slightly less than 7,000 votes; her winning margin was thus about 5%.

Democratic primary

In the Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

 primary, Wulsin faced health care administrator James John Parker and civil engineer Jeff Sinnard, who both ran in 2005, and newcomers Gabrielle Downey, a high school teacher, and Thor Jacobs, a building contractor.

The vote results were more widely split than in the Republican primary, with five candidates running and four receiving a double-digit percentage share of the vote. Wulsin won the primary with 36.7% of the vote. Wulsin's vote total in the Democractic primary was 10,455 votes; Jacobs was second with 6,535 votes and Parker got 6,376 votes.

Notable for not running was Paul Hackett, the Democratic candidate for the seat in 2005, who had entered and then withdrawn from the 2006 U.S. Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...

 race in Ohio. In the 2005 Democratic primary (part of a special election), Wulsin had finished second to Hackett, receiving 3,800 votes (27%).

November general election

The district is heavily Republican, as illustrated by the total Democratic primary vote amounting to only about 40% of the total Republican primary vote. Schmidt had the advantages of a Republican majority in the district, her incumbency, and her opponent's political inexperience. Schmidt won in the general election with 115,817 votes (50.58%) to Wulsin's 112,952 votes (49.32%), with two write-in candidates receiving the remaining tenth of a percent. Schmidt won due to strong showings in Clermont
Clermont County, Ohio
Clermont County is a county located in the state of Ohio, United States, just east of Cincinnati. As of 2010, the population was 197,363. Its county seat is Batavia...

 and Warren
Warren County, Ohio
Warren County is a county located in the state of Ohio, United States. The population was 212,693 at the 2010 census. Its county seat is Lebanon. Warren County was erected May 1, 1803, from Hamilton County, and named for Dr...

 Counties while Wulsin did well in Scioto
Scioto County, Ohio
As of the census of 2000, there were 79,195 people, 30,871 households, and 21,362 families residing in the county. The population density was 129 people per square mile . There were 34,054 housing units at an average density of 56 per square mile...

, Pike
Pike County, Ohio
As of the census of 2000, there were 27,695 people, 10,444 households, and 7,665 families residing in the county. The population density was 63 people per square mile . There were 11,602 housing units at an average density of 26 per square mile...

, and Hamilton
Hamilton County, Ohio
As of 2000, there were 845,303 people, 346,790 households, and 212,582 families residing in the county. The population density was 2,075 people per square mile . There were 373,393 housing units at an average density of 917 per square mile...

 Counties.

Marathon photograph

A photo on Schmidt's web site from the 1993 Columbus Marathon
Columbus Marathon
The Nationwide Better Health Columbus Marathon, first run in 1980, features a flat, fast course which saw nearly 20 percent of finishers qualify for the Boston Marathon in 2010...

 showed Schmidt near the marathon finish line with a time clock showing 3:19:06. Nathan J. Noy, a write-in candidate, contended that the photo was fake, saying Schmidt did not cast a shadow while other runners did, and complained to state election officials. A four-member commission panel ruled on August 24, 2006, that there was enough evidence to look into the complaint. A time clock shows 3:19:06 – 3 hours, 19 minutes, 6 seconds — which would have made her one of the top finishers in her age group (she was 42 at the time of the race). Schmidt's website said that as of August 2006 she has completed 60 marathons.

Joseph Braun, Schmidt’s attorney, denied that the photograph was fake. He produced what he said was an official race results book, listing Schmidt as the fifth-place finisher in her age group with a time of 3:19:09 — three seconds slower than the time depicted in the photograph. The time clock reflects when the photo was taken, not her official time, Braun said. A spokeswoman for the Columbus Marathon backed Braun, saying later that Schmidt finished fifth among women age 40 to 44 and 930th overall.

On September 7, 2006, a unanimous Ohio Elections Commission tossed out the complaint. Commission members, responding to Noy's lack of evidence and failure to present a single witness, asked Schmidt's Cincinnati attorney, Joseph J. Braun, to prepare a motion detailing his legal fees and other costs. They said they'd consider sanctioning Noy at a future hearing, possibly ordering him to pay all legal fees and costs as well as an unspecified fine. Noy said that until he saw a new, original photo of the finish line, taken one second earlier than the one on Schmidt's website, he was not convinced Schmidt ran the race in 1993.

Debates and running challenges

In late August, the Columbus Dispatch and the Cincinnati Enquirer both reported that Wulsin had challenged Schmidt to a race: the 5K charity run of the Susan G. Komen Race for the Cure for breast cancer research. In exchange for that race, Wulsin wanted Schmidt—a veteran marathon runner—to agree to hold at least two debates out of the seven Wulsin has been trying to arrange for several weeks. Schmidt replied she was unavailable to run in the Komen event because she is training that day for the upcoming Columbus marathon. Instead, Schmidt counter-challenged Wulsin to compete against her in a 13-mile half marathon race. Wulsin accepted, provided that Schmidt agree to all seven proposed debates. Schmidt's campaign said the incumbent is willing to participate in several debates in October with Wulsin.

On September 6, 2006, the Cincinnati Community Press and Recorder reported that Wulsin and Schmidt would both run the 5K Susan Komen Breast Cancer Foundation Race for the Cure on September 10, 2006, and that the Schmidt campaign has only agreed, so far, to one debate—a 30-minute program scheduled to run on Cincinnati's Channel 12 Newsmakers show on October 15, 2006.

Plagiarism accusation

On September 22, 2006 the Democratic Congressional Campaign Committee
Democratic Congressional Campaign Committee
The Democratic Congressional Campaign Committee is the Democratic Hill committee for the United States House of Representatives, working to elect Democrats to that body. They play a critical role in recruiting candidates, raising funds, and organizing races in districts that are expected to yield...

 (DCCC) reported Schmidt published "an op-ed about Medicare Part D
Medicare Part D
Medicare Part D is a federal program to subsidize the costs of prescription drugs for Medicare beneficiaries in the United States. It was enacted as part of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 and went into effect on January 1, 2006.- Eligibility and...

 in the Community Press and Recorder that is almost identical to a press release issued by Congresswoman Deborah Pryce
Deborah Pryce
Deborah D. Pryce is an American politician from Ohio and former Republican member of the United States House of Representatives for Ohio's 15th congressional district, which includes the western half of Columbus and the surrounding suburbs.She is divorced from Randy Walker and now lives in Upper...

 (R-Columbus) on July 10, 2006." For example, the first paragraph of Pryce's press release states: "Two and a half years ago, Congress delivered on a promise we made to the American people by passing sweeping Medicare reform, including a comprehensive Medicare prescription drug benefit to, for the first time, give America’s seniors access to affordable prescription drugs. As we have now passed the May 15 deadline, the evidence is in and we have much to celebrate: the Medicare prescription drug benefit is working, and seniors are saving money."

In comparison, the first paragraph of Schmidt's op-ed states that:
" Two-and-a-half years ago, Republicans delivered on a promise we made to the American people by passing sweeping Medicare reform, including a comprehensive Medicare prescription drug benefit to give America's seniors access to affordable prescription drugs. Now that the program is off the ground, the evidence is in and we have much to celebrate: the Medicare prescription drug benefit is working, and seniors are saving money. Over 90 percent of all Medicare beneficiaries now have drug coverage - that's 38 million seniors. As of this summer in Ohio, 1.4 million more seniors have prescription drug coverage than before the benefit began."

Wulsin's "cowards" ad

Wulsin ran a television advertisement using the widely broadcast footage of Schmidt criticizing Democratic Representative John Murtha
John Murtha
John Patrick "Jack" Murtha, Jr. was an American politician from the U.S. state of Pennsylvania. Murtha, a Democrat, represented Pennsylvania's 12th congressional district in the United States House of Representatives from 1974 until his death in 2010....

, a Marine Corps
United States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...

 veteran, by telling him that "cowards cut and run, Marines never do." Schmidt's remark, in a 2005 debate about the Iraq War, had been widely criticized at the time, and she later apologized to Murtha. (See Jean Schmidt#"Cowards" controversy.) Schmidt protested that Wulsin's use of her speech violated a House rule against the incorporation of a broadcast of House proceedings in a campaign ad. Wulsin's campaign responded that Wulsin, as a nonmember, was not bound by the rule. Wulsin's spokesman also said of Schmidt, "If she didn't want people to see this ad, then she shouldn't have given that speech."

Projections

On September 21, 2006, the Cincinnati Enquirer reported: "A SurveyUSA poll out today shows Republican Rep. Jean Schmidt tied with her Democratic challenger." The actual percentages were 45 percent for Schmidt, 42 percent for Wulsin and 12 percent undecided; with a margin of error of 4.5 points in the poll of 497 likely voters, the result was a statistical tie. A June 2006 poll by the Momentum Analysis polling organization, which says it "helps forward Democratic and progressive causes", found challenger Wulsin tied at 44 percent with incumbent Schmidt and 11 percent undecided. The June 2006 poll found that Wulsin led Schmidt 50 percent to 37 percent in Hamilton County
Hamilton County, Ohio
As of 2000, there were 845,303 people, 346,790 households, and 212,582 families residing in the county. The population density was 2,075 people per square mile . There were 373,393 housing units at an average density of 917 per square mile...

. (It should be noted that Hamilton County is divided between the Ohio's 1st congressional district
Ohio's 1st congressional district
Ohio's 1st congressional district is currently represented by Republican Steve Chabot. This district includes parts of Cincinnati, and borders both Kentucky and Indiana.-Cities:Cincinnati Cheviot Deer Park Forest Park Harrison Mount Healthy...

 and Ohio's 2nd congressional district
Ohio's 2nd congressional district
Ohio's 2nd congressional district is a district in southern Ohio. It is currently represented by Jean Schmidt.The district stretches along the Ohio River from the Hamilton County suburbs of Cincinnati east to Scioto County...

.)

Polls

Source Date Wulsin (D) Schmidt (R) Undecided Margin of error
SurveyUSA November 1, 2006 48% 45% -/+ 4
SurveyUSA October 17, 2006 40% 48% 12% -/+ 4
Majority Watch October 10, 2006 48% 45% 6% -/+ 3
SurveyUSA September 21, 2006 42% 45% 12% -/+ 4
Momentum Analysis June 2006 44% 44% 11% -/+ 4

External links

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