COLUMBUS — Supporters of a statewide ballot proposal that would send thousands of drug offenders into treatment instead of prison are debating whether to back off a multi-million dollar ad blitz.

        The reason: They say the summary of the proposed constitutional amendment that will appear on the Nov. 5 ballot is so misleading it will be difficult to pass.

        Backers of Issue 1 say they don't know yet if the three billionaires underwriting the campaign will fold up their wallets in the face of sagging public support or fork over millions needed for television commercials that could help them win.

ISSUE 1

Issue 1, a constitutional amendment, would:    Require the state to spend $247 million over seven years to provide drug treatment programs for certain persons charged with or convicted of illegal possession or use of a drug.    Seal the records of offenders who complete treatment instead of incarceration for illegal drug use and possession.    Limit the maximum sentence to 90 days incarceration for eligible first-time, second-time, and certain repeat offenders.    For the text of the Issue 1 ballot language go to the secretary of state's Web site, http://www.state.oh.us/sos/

        With only five weeks before election day, Issue 1 supporters say they are aware time and advertising slots are dwindling and a decision must be made soon.

        “The real question here is whether the public can be reached with a message that is the substance of the initiative,” said Ethan Nadelmann, director of the New York-based Drug Policy Alliance, which supports Issue 1. “The way it is being put on (the ballot), it's not designed to lead to an informed choice.”

        The 10-paragraph Issue 1 summary voters will read on the ballot states at the outset that it would cost $247 million over seven years to implement drug treatment programs. The summary also states that drug offenders would have their records sealed from public view.

        The summary does not state what Issue 1 backers say are cost savings from sending people to treatment instead of prison, or spell out why records would be sealed.

        “What they did on the ballot language was scandalous,” Mr. Nadelmann said.

        The Ohio Campaign for New Drug Policies, the group backing the plan, estimates Ohio will save $21 million a year more than it spends on drug treatment. Supporters say drug offenders would have their records sealed in an effort to help them find jobs and get on with their lives.

        The wording of the ballot issue is important. A mid-September Cleveland Plain Dealer poll, which included the ballot's language, revealed 55 percent of voters would vote “no” compared to only 30 percent who favored it. The poll had a margin of error of plus or minus 3.5 percentage points.

        “Frankly, Ohio has turned out to be a lot more of a fight than we've ever had on our hands,” said David Fratello, legal affairs director for the drug alliance's national campaign.

        Both sides met in August with the Ohio Ballot Board, the group that drafts and certifies the ballot language. The five-member board is chaired by Ohio Secretary of State J. Kenneth Blackwell, a Republican, and four lawmakers, two Republicans and two Democrats.

        Immediately after the language was approved, Mr. Fratello said the ballot wording was fair. He now says “the Ballot Board was stacked against us.”

        Curt Steiner, a political consultant working with Ohioans Against Unsafe Drug Laws, which includes Gov. Bob Taft and a bipartisan membership of city mayors, police chiefs, drug treatment officials, judges and prosecutors, said the process and the ballot language were fair. The group opposes Issue 1.

        “It's a very good synopsis of a very lengthy amendment that is very complicated,” said Mr. Steiner. “We think that any look at its details helps defeat Issue 1.”

        Mr. Steiner questioned why no TV ad time has been reserved at this late date.

        “I don't know what they're going to do,” he said. “We have to assume at this point that they will be on television.”

        Mr. Fratello, Mr. Nadelmann and Ohio campaign director Ed Orlett said a decision on how much to spend on television and when is still being discussed.

        Mr. Nadelmann, who serves as the link between billionaires George Soros of New York, John Sperling of Phoenix and Peter Lewis of Cleveland and their campaign staff, won't say when a decision will be made.

        The three businessmen have successfully funded and passed similar initiatives in California and Arizona. In Ohio, they spent $1 million to collect 770,000 signatures on petitions needed to put the issue before voters.

        “I assume we'll move forward (with commercials)” Mr. Nadelmann said, expressing his own opinion, but then he repeated, “There's still discussions to be had.”

        All insist they are not folding their tents.

        “We're not going to give up on Ohio,” Mr. Nadelmann said.

        Mr. Orlett said he thinks there

        is plenty of time left to place ads on morning shows and evening news broadcasts watched by hundreds of thousands of Ohio voters.

        “Besides the governor, there are not a lot of other people buying TV,” he said.

        E-mail shunt@enquirer.com

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