Leaders of the Maryland Democratic Party said yesterday that they believe a Republican Party advertising campaign that attempts to sway upcoming General Assembly votes violates state lobbying laws.
Democratic Party officials called on the state's special prosecutor to investigate the $25,000 radio and newspaper blitz, which was launched last week to dissuade Democrats from overriding the vetoes of Gov. Robert L. Ehrlich Jr. (R).
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The GOP commercials, which are scheduled to continue airing on local radio stations tomorrow and Tuesday, focus on the votes of three Democratic state senators from Anne Arundel County on two key bills. One measure would reduce malpractice premiums for doctors. The other would guarantee increased funds for higher education.
State lobbying laws require anyone who spends more than $2,000 to influence legislation to register as a lobbyist.
"There is no record of the Maryland Republican Party being registered as a lobbying entity," said a statement released yesterday by Terry Lierman, the state's Democratic Party chairman. "Therefore, the electronic and print advertisements are flagrant violations of Maryland law."
Republican Party Chairman John M. Kane said yesterday that the legal question was discussed within party headquarters Friday and that he remains unsure whether the advertising campaign runs afoul of the law. "But that clearly wasn't my intent," Kane said.
"If we are in violation of the law, which I don't think we are, there are people to investigate that and reprimand us, if it's appropriate," he said.
Dirk Haire, the GOP general counsel, said last night that the Democrats are "fundamentally misinterpreting the law."
"The law was never intended to stifle political speech," Haire said. "This is nothing more than a cheap political shot."
The ads were produced by MH Media of Washington and focus on the fact that both bills would pay for new initiatives with a targeted tax increase. They accuse Sens. Philip C. Jimeno, James E. DeGrange Sr. and John C. Astle of "raising taxes on Maryland's small businesses -- a tax hike that could cost thousands of jobs." The three legislators were targeted because they represent a conservative jurisdiction that supported Ehrlich in the 2002 election.
"Aren't Maryland families taxed enough?" the commercials ask. The ads call on constituents of the three senators to contact them and urge them to sustain Ehrlich's vetoes.
Democrats have predicted that the ads will backfire, and leaders said they will muster the votes to push through both measures when the General Assembly convenes Tuesday, one day before the formal start to the legislative session.
Bruce Marcus, general counsel for the state Democratic Party, said yesterday that the ads appeared to violate the provision saying that anyone who "spends at least $2,000 for telecommunications, advertising or printing for the express purpose of soliciting others to communicate with an official to influence legislative action" must register with the state as a lobbyist.
Marcus said nothing in the law exempts party officials. "If the purpose of the activity is to influence legislation, it's covered by the law," he said. "It doesn't differentiate between a political party doing it or anybody else."
