Maryland lawmakers are trying again to ban intentionally false campaign materials, pointing to 2006 campaign fliers that misidentified former Republican Gov. Robert Ehrlich and Senate candidate Michael Steele as Democrats.
Members of the Maryland House of Delegates Tuesday debated a proposal that would prohibit campaign materials similar to the sample ballots supporters of Ehrlich and Steele distributed to black Democrats in Prince George?s County and Baltimore City on the eve of the general election.
“This is something that has been a problem in the past, and we want to make sure it?s not a problem in the future,” said Del. Jon Cardin, a Baltimore County Democrat, who urged lawmakers to support the Voter?s Rights Protection Act of 2008. “We still have fliers, and we still have people doing things that would fall under these regulations.”
The House last year passed an identical bill, but it died after the Senate took no action. Debate on the proposal will resume today, but the Senate again has taken no action after a holding a public hearing on similar legislation Jan. 31.
Opponents argued the proposal violates free-speech rights.
House Minority Whip Christopher Shank, of Washington County, said the proposal sets a “murky precedent.” Del. Pat McDonough, a Baltimore County Republican, said courts will be inundated by requests to determine what constitutes “false.”
“This is broad and vague, and that is going to launch nuisance lawsuits in the middle of the campaign,” McDonough said.
Sponsored by Baltimore City Democrat Sandy Rosenberg, the proposal also requires additional training for election judges and extended voting hours if there is a delay longer than one hour.
Supporters cited other mishaps during the 2006 primary election, including absent election judges, polling places that opened hours late and equipment problems.
