Council Rejects Ficker's Ballot Initiative

By Ann E. Marimow and Nancy Trejos
Washington Post Staff Writers
Thursday, August 17, 2006

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."

Ruben picked apart Raskin's positions in several legal cases to suggest that he helped elect President Bush "through his support of third party candidates" and is aligned with "radical pro-life groups that intimidate women and doctors."

Raskin's campaign immediately condemned the mailer as "lies, fabrications and distortions" and demanded an apology for the "vicious Karl Rove-like attacks."

His campaign Web site urges voters to mark the flier: "Return to Sender/No Negative Politics Accepted."

A constitutional lawyer, Raskin supported Bill Clinton's reelection in 1996 and the right of third-party candidate Ross Perot to participate in presidential debates.

In 2003, he wrote a brief in a case to try to protect protesters from being prosecuted under criminal racketeering laws. His position, which was supported by eight Supreme Court justices, was at odds with the National Organization for Women.

"I was standing up for a basic First Amendment principle," said Raskin, who had been working for Greenpeace and a labor union at the time. "It has nothing to do with the issue of abortion. It's all about the right of protesters, and it's beneath the dignity of our politics to put this type of trashy material in people's mailboxes."

Ruben's campaign manager Philip Olivetti said the senator stands by the substance of the flier, which was sent to 15,000 likely Democratic voters in the district that includes Silver Spring and Takoma Park.

"It's important that the voters know her record of accomplishments, and it's important that they have all the facts about her opponent," Olivetti said.

The controversy gave Raskin a boost from Rep. Chris Van Hollen (D), who represents District 20 voters. He denounced Ruben's mailer, saying, "This kind of Karl Rove politics has no place in the Democratic Party. The voters should demand a clean and honest campaign."

Race for Endorsements

In the race to get as many endorsements as possible, both major Democratic candidates for Montgomery County executive scored victories this week.

On Monday, the Greater Washington Board of Trade's Maryland Political Action Committee announced its support of council member Steven A. Silverman 's candidacy in the Sept. 12 Democratic primary.

"We endorsed Steve Silverman for his track record of support for the Purple Line [light-rail link from Bethesda to New Carrollton] and sensible growth strategies, like the revitalization of Silver Spring and transit-oriented development projects," Mahan Tavakoli , chairman of the Board of Trade's Maryland PAC, said in a written statement. "While we have two strong candidates in this race -- with many similar views -- Steve has a stronger, more decisive record on these issues."

On Tuesday, Isiah Leggett , a former council member and former chairman of the Maryland Democratic Party, got an endorsement from the national political action committee Twenty-First Century Democrats. Leggett was one of nine federal, state and local candidates to receive endorsements from the group this week.

"The nine visionary, bold leaders we endorse today have the utmost integrity and they all are proud to stand up for what they believe and to say what they believe regardless of external pressures," Kelly C. Young , president of the PAC, said in a statement Tuesday.

Both candidates have racked up numerous endorsements. In recent weeks, Leggett has received the support of Democracy for Montgomery County, a grass-roots organization, and the Montgomery County Hispanic Democratic Club. Silverman recently received nods from the Montgomery County Fraternal Order of Police (Lodge 35) and the Montgomery County Volunteer Fire and Rescue Association.

For Ehrlich, Mum's the Word

Gov. Robert L. Ehrlich Jr. (R) dipped briefly into the county executive's race last week. During an interview with The Washington Post, Ehrlich was asked whether the election of either of the two leading Democratic candidates would make a difference.

Ehrlich said he knows Leggett better and that "we get along."

"With Ike, I feel pretty confident that will be a good working relationship," he said. But Ehrlich was quick to avoid taking sides, saying he just doesn't know Silverman as well.