Democrats propose bill to prohibit "false" campaign materials

ANNAPOLIS -- House Democrats have proposed a bill that would prohibit the release of false campaign materials. The Voter's Rights Protection Act of 2008 stems from the 2006 gubernatorial race, when on the eve of the election Democrats in Prince George’s County and Baltimore City were given fliers identifying Republican Gov. Bob Ehrlich and Republican Lt. Gov. Michael Steele as Democrats.

Speaking with PolitickerMD.com this afternoon, Del. Patrick L. McDonough (R-Middle River) said he was opposed to the current legislation, House Bill (HB) 102, because he found the term false to be “misleading” in a “legal sense.”

“The wording is too vague and general,” McDonough explained, saying he felt the bill could create an “opportunity” for a lawmakers’ “political enemies” to file “frivolous lawsuits.”

The delegate expressed concern that controversy would arise over what exactly could be constituted as false, saying the process could “mislead” voters.

Del. Samuel I. “Sandy” Rosenberg (D-Baltimore), the chief sponsor of the legislation, along with other Democratic co-sponsors, included amendments that would strictly prohibit the release of campaign materials that provided inaccurate information as to the date of an election or to an individual’s polling place.

Rosenberg could not be reached for immediate comment.

The act would also provide additional training for election judges and extend the voting deadline if a delay of more than one hour were to occur.

McDonough said he could “live with the bill” if the term ‘false’ was removed, saying that if information is “libelous” citizens already “have access to the civil courts.”

According to McDonough, Del. Christopher Shank (R-Hagerstown), the minority whip, will introduce an amendment on the House floor, perhaps this evening, calling for the word false to be taken out of the legislation.