Two state legislators and a Columbus-based political action committee have filed legal challenges to end the JobsOhio board created Feb. 18 when House Bill 1 (HB 1) was signed into law.

The suit contends that HB 1 violates seven sections of the Ohio Constitution.

“It’s a very slippery slope when the state constitution is ignored for political expediency,” said Brian Rothenberg, executive director of ProgressOhio.org.

The challenge, filed by Rothenberg as well as Democratic Sen. Mike Skindell, of Lakewood, and Democratic Rep. Dennis Murray, of Sandusky, contends that HB 1 violates the state’s constitution because it confers corporate powers to the state and would leave the state liable to incur any debt if the board fails.

HB 1 also places Kasich as the head of the nine-member board of directors for a corporation, which is another violation of the state constitution, Rothenberg said.

The legislation allocates $1 million from the Ohio Department of Development (ODOD) for the board’s “initial transition and startup costs,” according to the Ohio Legislative Service Commission, which said the state’s budget for fiscal year 2011 will not be affected.

Under the new legislation, JobsOhio will also overtake several ODOD functions to be specified after a six-month evaluation period.

The bill was one of the hallmarks of Kasich’s gubernatorial campaign last year and drew the ire of several Democratic legislators.

However, the bill passed in February with bi-partisan support. Among the supporters was state Senate Democratic leader

Capri Cafaro.

“This is about upholding Ohio’s constitution and nothing else,” Rothenberg said, iterating the challenge is not

politically motivated.

Normally, challenges begin at the local trial court level and continue, if appealed, to the state Supreme Court. However, the suit began at Ohio’s Supreme Court, an unprecedented path for such challenges to state legislation.

Rothenberg said the language of the law — which went into effect immediately rather than the usual 90 days — forces all challenges to begin at the highest level.

“There is no precedent for filing this type of challenge,” Rothenberg said.

Rothenberg added there is a chance the Supreme Court could invalidate the action and send it to the local level at the Franklin County Court of Common Pleas.

Rob Nichols, spokesman for Kasich, said the challenges have no merit.

“Legislative and Judicial precedent exists for private entities being entrusted by the state to perform a public service,” Nichols said.

Local Republican Rep. Bob Mecklenborg of Green Township, voted in favor of the bill, while Democratic Reps. Connie Pillich Blue Ash and Denise Driehaus Delhi voted against.

The challenge is currently awaiting a ruling from the Ohio Supreme Court.