Council Rejects Ficker's Ballot Initiative

Anti-tax activist and Montgomery County executive candidate Robin Ficker has successfully placed 20 initiatives on the ballot since 1974.

This week, his luck ran out.

In a special session Tuesday, the six County Council members present voted unanimously to keep Ficker's latest charter amendment off the Nov. 7 ballot.

Ficker's amendment, if approved, would force the county to return about half of its $300 million surplus this year to taxpayers in the form of lower property tax rates. Last week, he turned in 13,500 signatures to the council to place the amendment on the ballot. He needed 10,000 valid signatures.

Montgomery County Council President George L. Leventhal (D-At Large) said the amendment was not legally sound.

"The language that he was circulating that told signers what the petition was about did not accurately describe the effect the amendment would have," he said.

Among the other legal problems, Leventhal said, was that the amendment would revoke the council's legal right to adjust its income tax rate. The amendment also mentioned a piggyback tax that no longer exists, Leventhal said.

"The reality with Ficker is he makes errors," Leventhal said. "He submits things that are legally inconsistent and then he blames everyone else for his mistakes."

Other council members voting against the amendment were Howard A. Denis (R-Potomac-Bethesda), Michael Knapp (D-Upcounty), Phil Andrews (D-Gaithersburg-Rockville), Nancy Floreen (D-At Large) and Michael L. Subin (D-At Large).

Ficker, who is campaigning as an independent, said he would challenge the decision.

"Well, certainly this isn't a council that's going to give anybody any property tax relief," he said. "And I'm going to talk to my lawyer about what they've done."

Questions of Allegiance

State Sen. Ida G. Ruben (D) changed the tone of the District 20 race late last week, telling voters in a campaign mailer that her opponent Jamie Raskin , a law professor, is not a "real Democrat."