Two years ago, when newcomer Bill Kortz sought the 38th District seat in the state House of Representatives, we saw him as the "unpolitician" with the "fortitude and independence to listen to his constituents."

In his freshman term, Mr. Kortz has voted with his reformer classmates on some important issues, including a vastly improved open records law and rules changes that ended ghost voting and middle-of-the-night sessions. He has foregone a car lease and made regular donations to two local churches with the money he received as a cost-of-living increase in his state pay.

But he has been a disappointment on some other key questions before the Legislature. He favors a statewide workplace smoking ban but would allow exemptions for cigar bars, private clubs and small bars. He voted against a common-sense bill that would have required handgun owners to report the loss or theft of their weapons.

Despite these views, Mr. Kortz, 53, of Dravosburg and a former manager for U.S. Steel, demonstrates a clear understanding of the issues. He favors reducing the size of the Legislature and setting term limits, although his view is that the limit could be as long as 16 years. Although we don't agree with his ideas for tax shifting, at least he recognizes that, if property tax relief is to be provided, a new funding source must be tapped to replace it.

His opponent, Caleem L. "Jay" Jabbour, 75, of West Mifflin, is a self-employed accountant.

Mr. Jabbour shares many of the views supported by the Post-Gazette, but we cannot endorse him. This is the eighth time that Mr. Jabbour has asked voters to send him to Harrisburg to represent the 38th District, which includes Dravosburg, Glassport, Liberty, Pleasant Hills, Port Vue and parts of West Mifflin, Baldwin Borough and McKeesport.

We can't ask the voters to do what they have refused to do seven times before. Mr. Jabbour has served his community on both West Mifflin and Allegheny County councils, and his most valuable role may be as a consistent thorn in the side of elected officials, frequently drawing attention to actions and inconsistencies on their part. Unfortunately, Mr. Jabbour's attacks against Mr. Kortz in this race lack credibility.

Bill Kortz has done enough to warrant our endorsement in the Democratic primary. But if he wants to keep our support in the general election, when he will face Republican Daniel Davis of West Mifflin, he is going to have to adopt a stronger position on the critical issue of the smoking ban.