THURSDAY: Death Penalty Vote in Maryland Senate Judiciary // PREDICTIONS: Sen. Bobby Zirkin = Key Swing Vote & More!

With a key vote coming on Thursday, Maryland Juice decided to provide an update on the effort to repeal the death penalty in the Free State. If a majority of State Senators support an end to executions in Maryland, Senate President Mike Miller promised he would find a way to bring the measure to the floor for a vote by the full membership. And though a sufficient number of State Senators have now indicated they will support repeal, the dynamics and backstories are not as simple as it would seem. Below we highlight a few elements of the complicated legislative maneuvering going on in Annapolis:

• STEP 1: PASS REPEAL IN SENATE JUDICIARY (AKA CONTACT SEN. BOBBY ZIRKIN)
• STEP 2: PASS REPEAL ON SENATE FLOOR WITHOUT AMENDMENTS
• STEP 3: PASS SAME REPEAL BILL IN HOUSE WITHOUT AMENDMENTS
• STEP 4: HIRE A GOOD LAWYER (NOT ATTY GENERAL DOUG GANSLER)

STEP 1: PASS DEATH PENALTY REPEAL IN SENATE JUDICIARY (AKA CONTACT SEN. BOBBY ZIRKIN NOW) - The reason why Mike Miller's intervention was thought to be necessary for death penalty repeal to advance is that the bill is originating in the Maryland Senate's Judicial Proceedings Committee, where it has always faced an uncertain fate. So if a majority of Senators wanted to get rid of the death penalty but simply couldn't get the judiciary committee to release the bill, Miller promised to intervene and bring the measure for a floor vote. We never heard what legislative tactic Miller would employ to achieve this result, but there is now a good chance death penalty opponents may not need to bypass the Senate judiciary after all. But this all depends on whether or not State Senator Bobby Zirkin will join death penalty repeal opponents.

JUDICIARY WHIP-COUNT? - Indeed, there will be a vote on repeal in judiciary this Thursday, and it is currently unclear what will happen. But if the whispers Maryland Juice hears are correct, a likely snapshot of the current committee whip-count on death penalty repeal is as follows:

POTENTIAL SUPPORTERS OF DEATH PENALTY REPEAL ON SENATE JUDICIARY:

1. Sen. Jennie Forehand (DEM)
2. Sen. Brian Frosh (DEM)
3. Sen. Lisa Gladden (DEM)
4. Sen. Anthony Muse (DEM)
5. Sen. Jamie Raskin (DEM)

POTENTIAL OPPONENTS OF DEATH PENALTY REPEAL ON SENATE JUDICIARY :

1. Sen. Jim Brochin (DEM)
2. Sen. Joseph Getty (GOP)
3. Sen. Nancy Jacobs (GOP)
4. Sen. Chris Shank (GOP)
5. Sen. Norm Stone (DEM)

ON THE FENCE:

1. Sen. Bobby Zirkin (DEM)

SEN. BOBBY ZIRKIN UNDECIDED ON DEATH PENALTY REPEAL // CONTACT HIM ASAP - Maryland Juice visited the Senate Judicial Proceedings Committee last week and had the opportunity to discuss death penalty repeal face to face with State Senator Bobby Zirkin. He indicated that he is undecided on the issue and apparently, his wife and rabbi are lobbying him to support death penalty repeal. Maryland Juice encourages those who want to end executions in Maryland to contact State Senator Bobby Zirkin ASAP and explain your feelings on the issue:

Sen. Bobby Zirkin
bobby.zirkin@senate.state.md.us 
(410) 841-3131

STEP 2: PASS DEATH PENALTY REPEAL ON SENATE FLOOR WITHOUT AMENDMENTS - Let's get real about death penalty strategy for a second. Right now, we have the votes in the Senate to pass a repeal bill, assuming that the bill can make it to the floor for a vote. There are currently two routes to advance the bill in the Senate: a) pass it in the Judiciary committee, or b) Sen. Mike Miller intervenes and finds a way to send it to the floor. For many reasons, it is far preferable to have the repeal bill advance through Judiciary than to have to rely on the assistance of Mike Miller. Remember that Sen. Mike Miller is a supporter of death penalty executions and will likely try and tamper with (aka amend) the bill before seeing it through to its destined passage.

SEN. MIKE MILLER TRYING TO SABOTAGE DEATH PENALTY REPEAL? - Even while he pledged to "allow" the bill to be voted on by the full body, Senate President Miller predicted that the death penalty ban would be petitioned to a referendum. What he didn't mention is that he was planning on intervening to try and increase the likelihood of a 2014 referendum on the death penalty. WAMU reported on Miller's backdoor efforts to subject death penalty repeal to a popular vote in 2014. Indeed, Miller is trying to placate the progressive majority in his caucus while undermining their efforts at the same time (excerpt below):

WAMU: ...Senate President Mike Miller, a supporter of the death penalty, expects a repeal of it to pass his chamber this year — something that did not happen when the measure last made it to the Senate floor in 2009 — getting to that point is still not a guarantee.

A part of this year's bill includes an appropriation, which means it wouldn't be able to petitioned to a ballot referendum for voters to decide, and Miller wants that changed.

"It's a subterfuge to avoid having it petitioned to referendum," Miller says. "And, although I don't like to see bills petitioned to referendum, I don't believe in trying to thwart the constitution and the laws of the state which allows for petitioning to referendum...."

MIKE MILLER WANTS TO STRIP FUNDING FOR CRIME VICTIMS OUT OF DEATH PENALTY REPEAL BILL - What's going on here is that in Maryland, residents can subject laws passed by the state legislature for repeal votes -- but only if they do not concern appropriations. Whether a law is sufficiently about "appropriations" to prevent it from being petitioned to a popular vote is a subject of great debate. But some are skeptical that dedicating the taxpayer savings from death penalty repeal to crime victims is sufficient for the bill to avoid a referendum. Indeed, this matter would need to be heard by a court in Maryland to decide on this issue.

As a result, Sen. Mike Miller wants to remove funding for crime victims from the death penalty repeal bill. He is willing to engage in such an underhanded and callous tactic in order to foreclose the very small possibility that Maryland courts might invalidate an effort to subject death penalty repeal to a popular vote.

If you agree with me that Maryland's death penalty represents:

1. murder by state government employees paid for with our tax dollars
2. an ineffective crime deterrent & an expensive way of expressing our feelings
3. a symbol of humanity's vengeful & violent side, unbefitting of codification into law

...then hopefully you understand why the idea of subjecting a ban on murder by the state government to a majority vote seems a bit distasteful. After all, when philosophers and social scientists ruminate on the pros and cons of the initiative and referenda processes in various states, they often fear the effects of so-called "mob rule." But in this instance, Miller literally wants to preserve the right of the pitchfork mob to execute prisoners (using state employees and resources). 

SENATE PRESIDENT TRYING TO UNDERMINE HIS OWN CHAMBER'S POWER TO LEGISLATE? - It may well turn out that we are heading to a death penalty referendum in 2014, especially if the GOP activists again decide to spend their time working on distasteful causes. But the idea that the Senate President would facilitate such a diminution of his own Chamber's powers is perplexing and disappointing. The bloodlust is strong in our Senate President.  Death penalty repeal advocates will need to stop Miller and his allies from trying to amend the bill. All signs indicate they will try and alter the legislation in ways that will increase the likelihood of the effort being subjected to a popular vote. This in turn means that advocates like myself will end up spending countless hours fighting the pitchfork mob in 2014. There are better things we can be working on, so please help prevent this scenario from unfolding. Tell your Senators to support the repeal bill without negative amendments.

MIKE MILLER ALREADY PLANNING DEATH PENALTY EXPANSION AFTER 2014 - It seems absolutely clear that Miller is just going through the motions on death penalty repeal, given that the Senate President is already plotting ways to expand the death penalty in Maryland. The Associated Press (via WBOC) recently reported on Miller's plans to make the death penalty more likely to execute innocent people in Maryland (excerpt):

AP: In 2009, lawmakers decided to restrict the death penalty to murder cases with DNA evidence, videotaped evidence or a videotaped confession.

If voters end up rejecting repeal, Miller says the law should be changed to allow capital cases with fingerprinting or photographic evidence as well.

Last month the College Park Patch also reported that Miller wanted to expand the types of crimes eligible for the death penalty in Maryland. Their coverage gives a taste of the types of ridiculous amendments Miller may try and make for the death penalty repeal bill (excerpt below):

COLLEGE PARK PATCH: While some Maryland legislators want to debate the repeal of the death penalty there is one category of murder Senate President Thomas V. Mike Miller would like to add to the list of capital punishment eligible cases.

Miller said Wednesday that he'd like to expand the add teacher killers to the list.... Miller said he has six sisters who are teachers.... "So when we take up this bill, I'd like to see [teacher killers] added to the list of prescribed penalties," Miller said....

STEP 3: PASS DEATH PENALTY REPEAL IN THE HOUSE - Once death penalty repeal passes in the Senate, we'll have to repeat this whole saga in Maryland House of Delegates. But let's park that discussion for now.


STEP 4: HIRE A GOOD LAWYER (NOT ATTORNEY GENERAL DOUG GANSLER) - So let's say we are able to pass death penalty repeal out of the Senate's judiciary committee; and let's further imagine that we are able to preserve funding for crime victims in the bill. Let's also assume that an identical bill passes in the Maryland House.

At this point, there will be a decent chance that Republican activists will try and subject death penalty repeal to a referendum in 2014. In that case, those who support repeal will need a good attorney to argue that the repeal bill is not subject to referendum. Unfortunately, the chief lawyer for the State of Maryland cannot be trusted to argue this case. Indeed, Attorney General Doug Gansler is a supporter of the death penalty, and at last check Gansler was arguing that he could make the death penalty not be applied in a racist manner.

Good luck stamping out racial bias within juries, between neighborhoods and in the exercise of prosecutorial discretion! If Gansler can solve those human problems, then he may deserve a Nobel Peace Prize, rather than the Maryland Governor's mansion.  

#NotHoldingMyBreath

EXCLUSIVE: Candidates for Maryland Governor Talk Death Penalty // READ: Brown, Gansler, Mizeur & Ulman's Views

DEATH PENALTY REFERENDUM IN 2014? - Maryland Juice has been following the surging possibility for death penalty repeal in the 2013 legislative session in Annapolis. Senate President Mike Miller (a death penalty supporter) made waves by announcing he would find a way to bring the issue to the floor for a vote if Gov. Martin O'Malley (a death penalty opponent) lined up the needed votes. We also reported that the current whip-count was within one or two votes in the State Senate, and yesterday Mike Miller predicted that the repeal effort would ultimately succeed. In comments that appeared in The Capital Gazette, Miller also suggested the death penalty repeal bill could end up on the ballot in 2014 (excerpt below):

CAPITAL GAZETTE: A ban on the death penalty is likely to pass at least the state Senate, that chamber's president said after concluding the first day of business at the General Assembly on Wednesday....  Miller predicted the resulting law will be petitioned to the ballot for the November 2014 elections.

"I think it will go forward. There are people that can be persuaded," said Miller, himself an advocate of capital punishment for certain crimes, such as killing police officers or correctional officers....

EFFECT ON 2014 DEMOCRATIC PRIMARY - If Mike Miller is right, the death penalty could create very interesting crosscurrents in the 2014 Democratic Primary. We can surely expect campaigning on the issue will start to ramp up, and the issue will almost certainly draw a hot-button aura similar to the ones surrounding the Dream Act or marriage equality during the referenda votes last November.

As a result, Maryland Juice decided to interview the four remaining Democrats running for Governor in 2014 and see where they stood on death penalty repeal.

Earlier this week, Maryland Juice contacted Sen. Brian Frosh & Del. Jon Cardin, two candidates for 2014 Attorney General, to find out their views on death penalty repeal. As it turns out, both Democrats campaigning for the seat support abolition of state executions. But unlike in the AG's race, there appear to be vast differences between the gubernatorial candidates on the death penalty. 

Below Maryland Juice highlights exclusive commentary from Lt. Governor Anthony Brown, Attorney General Doug Gansler, Delegate Heather Mizeur and Howard County Executive Ken Ulman. We asked each would-be Governor whether they planned on supporting death penalty repeal this year, and here's what they (or their spokespeople) had to say:

EXCLUSIVE COMMENTARY FROM 2014 GUBERNATORIAL CANDIDATES

 ON THE MARYLAND DEATH PENALTY

LT. GOVERNOR ANTHONY BROWN:

Our justice system in Maryland is strong, and full of men and women who work each and every day to keep Marylanders safe. Yet it is also prone to inaccuracy and – occasionally – bias. As public servants, we have a responsibility to acknowledge the flaws of this system, even as we seek to improve it.

That is why I favor lifetime sentences as an alternative to the death penalty. In an imperfect system, it is the only way to prevent the wrongful execution of an innocent defendant.

Nothing is more important than the protection and safety of all Marylanders, and we will remain committed to tough and appropriate punishments for those who are convicted of serious crimes. But as we work towards a stronger, more just Maryland, we must do so while continuously searching for solutions that ensure that justice is served while also protecting the innocent and wrongfully convicted.

ATTORNEY GENERAL DOUG GANSLER (VIA SPOKESPERSON):

The Attorney General will not be actively participating in the death penalty debate in 2013. His focus will remain that if we continue to have the death penalty in Maryland, that it be administered in a fair and race neutral, socio-economically neutral manner.

DELEGATE HEATHER MIZEUR (VIA SPOKESPERSON):

Delegate Mizeur strongly supports a full repeal of the death penalty. It is one of her top priorities for the 2013 session.

HOWARD COUNTY EXEC KEN ULMAN:

There are some heinous crimes for which capital punishment is an appropriate penalty, as recent national events remind us. At the same time, there are legitimate and well-documented challenges with implementing a fair, just and error-free capital punishment system. I will continue to seek the counsel of trusted members of the legal community, friends, victims, scholars and others as I evaluate whether Maryland's criminal justice system should be altered to exclude the death penalty.

SUMMARY: Based on the statements above, it sounds like Lt. Gov. Brown and Del. Mizeur will be supporting repeal in 2013, while Attorney General Doug Gansler remains a fan of state executions. Gansler has historically been a public proponent of the death penalty, stretching back to his time as State's Attorney in Montgomery County. Howard County Exec Ken Ulman seems to support the death penalty but is perhaps keeping an open mind. The infographic above reflects my assessment of the gubernatorial field on this issue.


WHIP-COUNT UPDATE: The Washington Post confirmed the rumored whip-counts showing a close vote in the Maryland Senate. More importantly, WaPo started naming wavering legislators and new recruits for abolition (excerpt below):

WASHINGTON POST: The Post identified 23 likely Senate votes for a repeal bill, one short of passage. But an additional four members have said they would consider supporting O’Malley-backed legislation, which is also a priority this session for the NAACP and the Catholic Church....

The Post’s count of likely Senate votes to repeal the death penalty includes 19 members who co-sponsored a similar bill last year, one senator who voted for a repeal bill previously in committee and two -- Sens. James E. DeGrange Sr. (D-Anne Arundel) and Edward R. Reilly (R-Anne Arundel) -- who voiced their support in interviews in recent days....

The count also includes Sen. James C. Rosapepe (D-Prince George’s), who was unavailable for an interview but has told colleagues that he is inclined to support a repeal bill.

Four other senators interviewed by The Post expressed mixed views and said they are open to hearing arguments by opponents. They include Sen. Allan H. Kittleman (Howard), the only Republican in his chamber to join a majority of Democrats last year in supporting same-sex marriage legislation....

Others who acknowledged being open on the issue include Sens. John C. Astle (D-Anne Arundel), Ronald N. Young (D-Frederick) and Katherine A. Klausmeier (D-Baltimore County).

MOVEON.ORG PETITION FOR ROB GARAGIOLA: Notably, State Senator Rob Garagiola's name does not appear in The Washington Post's round-up of persuadable legislators. Indeed, Maryland Juice previously suggested that Montgomery County Democrats contact Sen. Rob Garagiola and encourage him to support the end of state murder. Garagiola is currently listed as the only Montgomery County supporter of the death penalty in the State Senate but was recently endorsed by numerous progressive organizations in his run for Congress last April, including CASA, MoveOn, NEA, Human Rights Campaign, SEIU, Sierra Club, and the League of Conservation voters. You may be wondering why I'm listing groups that don't pertain directly to the death penalty, and that's simply because there's a reason we call it the progressive movement. The existence of a philosophical tie between these issues is perhaps more obvious to those who work at the national level and see the issue correlations and coalitions that emerge around federal legislation.

But even still, its not too much to push local Democrats in super-safe districts to get with the program. Folks involved with all of these aforementioned groups -- and who are also anti-death penalty progressives -- should be tapping Garagiola on the shoulder about this issue. It seems like we are constantly having to ask legislators to evolve on social justice issues when these Democrats would suffer no political consequences for helping move the needle for progressive issues. What gives?

Sign a MoveOn.org Petition asking Sen. Rob Garagiola to

support the end of murder by the Maryland government.

Election Results: Dream Act (Question 4) & Redistricting (Question 5) Poised for Victory // PLUS: DELANEY WINS

Maryland Juice thinks that tonight's election results show looming victory for proponents of the Dream Act (Question 4) and Maryland's congressional districts (Question 5). Here is the status of the returns for both measures (at 10:58 PM):

• DREAM ACT (Q4): 57.5% for vs. 42.5% against
• REDISTRICTING PLAN (Q5): 63.4% for vs. 36.6% against

Note that at this point, the only large number of outstanding precincts are in Montgomery County, Howard County, Prince George's County, Baltimore City, Anne Arundel County, and Baltimore County. That makes it very unlikely conservatives will be able to make up this gap.

The Dream Act passage in Maryland is a first for such state-level legislation. This is history in the making, and a huge political coming-of-age moment for Maryland's Latino community.

SCANNED DOC: Gambling Expansion Opponents Alert Dream Act Supporters to National Harbor Opposition to Question 4

UPDATE:  COMPTROLLER PETER FRANCHOT HIGHLIGHTS PRO-QUESTION 7 OPPOSITION TO MARRIAGE EQUALITY - Comptroller Peter Franchot's last Facebook update highlighted late-breaking evidence that supporters of gambling expansion (Question 7) are financing opposition to marriage equality (Question 6). Not surprisingly, Franchot sees this as another reason to "vote against" Question 7. He has been crusading against Question 7 for months. See below:

Unbelievable. Folks, this is who our state's Democratic machine has chosen to join forces with this year. Hoping that all Marylanders who truly support progressive Democratic values will take a stand tomorrow against discrimination -- and deliver a powerful statement against machine politics -- by voting AGAINST Question 7.

Maryland Juice was just at a Montgomery County rally for Dream Act supporters, where numerous Democratic politicians joined Dreamers and Question 4 advocates in Silver Spring. But interestingly enough, I was handed a flyer made by opponents of gambling expansion (Question 7), alerting Dream Act supporters that National Harbor was financing opposition to Question 4. See the flyer below, which quotes Maryland Juice and a Baltimore Sun article about the new revelations:
Question 7 vs. Question 4 Flyer

Below you can also see a few photos from the rally:

TV AD // Comptroller Peter Franchot: "I've Seen a Lot of Whoppers About Tax Policy, But Nothing Like Question 7"

Maryland Comptroller Peter Franchot is turning up the rhetoric a few notches in the Question 7 battle. The 2014 gubernatorial candidate has been a strong opponent of the push for gambling expansion this year, and as a result he has landed himself in a few television advertisements. His latest scorching of the "vote for" Question 7 side is featured prominently in a new television ad urging a "vote against" Question 7. Watch below:

Nike, PayPal & Catholics Support Maryland Marriage Equality in Homestretch // New TV Spot, Full-Page Newspaper Ad & More

We are heading into the home-stretch for Maryland's presidential election races, and marriage equality supporters are making their final appeals. Below you can see a series of closing arguments from the "vote for" Question 6 side, including support from big businesses, a new television ad, and a full-page message in The Baltimore Sun (see below):

JUICE #1: PAYPAL, NIKE, NORDSTROM & OTHER COMPANIES THINK MARRIAGE EQUALITY IS GOOD FOR BUSINESS - Marylanders for Marriage Equality announced a late-breaking coalition of businesses is endorsing a "vote for" Question 6:

PRESS RELEASE

Business Endorses Question 6

BALTIMORE - Support for Question 6, the Civil Marriage Protection Act, continues to gain widespread and diverse support as we approach Election Day. Today, Timonium-based PayPal, Calvert Investments in Bethesda, NIKE, Inc. and Nordstrom endorsed Question 6 in Maryland.
"We believe Question 6 is about fairness and equality under the law; it's good public policy and a smart business practice that enhances competitiveness," said Bennett Freeman, Senior Vice President, Sustainability Research and Policy of Calvert Investments. "As investors, we have long promoted the adoption of workplace policies that afford equal treatment of gay and lesbian employees, such as inclusive language in nondiscrimination policies, and equal benefits."

Nordstrom, eBay (PayPal), Nike, Inc., and Calvert Investments join more than 200 small businesses and organizations that have endorsed Question 6. Other business supporters include Engage LLC, Prescott Publishing, and Cook Ross, Inc.

Marylanders for Marriage Equality is a diverse coalition of labor, faith, and civil liberties groups working to protect marriage for gay and lesbian couples on the November ballot.

###
JUICE #2: FINAL TV APPEAL: "MARYLAND, IT'S TIME" - Marylanders for Marriage Equality is also making what it is calling its "final appeal" on television. Watch the spot below, which argues that "it's time" for marriage equality:



JUICE #3: CATHOLICS FOR MARRIAGE EQUALITY BALTIMORE SUN AD - Last Monday, Maryland Juice reported on a full-page ad that appeared in The Baltimore Sun, which made a specious argument asking "Christians" to oppose civil rights. Now a group called Catholics for Marriage Equality is countering the effort with their own full-page ad in The Sun:

JUICE #4: MARRIAGE EQUALITY PHONEBANKERS NEEDED ON SATURDAY (AND BEYOND) - If you'd like to volunteer to support marriage equality in the closing days of the Maryland campaign, there is a large phonebank effort being organized at the Silver Spring office this Saturday. Details below:

Marylanders for Marriage Equality will be holding phone banks on Saturday, November 3 from 12:30-2:30pm as part of its get-out-the-vote effort. The phone banks will be held at MDFME's Silver Spring office located at 8720 Georgia Avenue, Suite 900. Elected officials are expected to stop by.

VIDEOS: MoCo Police Union Airs TV Ad Against Question B with Fallen Cop's Wife // PLUS: New Ad Against Casino Expansion

Below Maryland Juice readers can watch two new television ads regarding the heated November ballot questions. The first spot below is from Montgomery County's police union (FOP Lodge 35) and features the wife of a fallen officer urging voters to "vote against" MoCo Question B (repeal of police union "effects bargaining" rights). The second ad is the latest salvo from the "vote against" Question 7 folks (aka the side against gambling expansion):



Watch the following ad against gambling expansion (Question 7):

DREAM ACT UPDATE: Advocates Launch TV Ad with Obama // PLUS: New Support From MoCo Schools Chief & NAACP Head

Below Maryland Juice has a few quick updates on the battle to defend the Dream Act. We begin with a new television ad that backers of a "Vote For Question 4" are airing, featuring President Barack Obama:

PRESS RELEASE
Montgomery County Public Schools Superintendent,  NAACP President Endorse Question 4, Maryland DREAM Act
With less than a week before the November 6 election, supporters of the Maryland DREAM Act released two new endorsements today from prominent leaders in the state—the Superintendent of the Montgomery County Public Schools, Joshua P. Starr, and the President and CEO of the NAACP, Benjamin Todd Jealous.

Yesterday, Educating Maryland Kids also issued a press release announcing new support for Question 4 from Montgomery County's Superintendent of schools and the head of the NAACP
In a written statement, Joshua P. Starr, Superintendent, Montgomery County Public Schools, said:

"The Maryland DREAM Act is not about politics: it’s about our future and the future of our students. The Act would simply allow hard-working students who have been in our system for years to pursue the dream of post-secondary education and receive in-state tuition rates. A college education is often the key to unlocking opportunity and all students—regardless of where they were born or their parents were born—deserve the chance to have a bright future and be a productive member of society. I fully support the Maryland DREAM Act.”

And in a video PSA, NAACP President and CEO Benjamin Todd Jealous spoke as a civil rights leader and proud Marylander about why voters should vote for Question 4 and support the Maryland DREAM Act as a matter of fairness and equal opportunity for all hard-working students.  See the video here: http://educatingmarylandkids.org/the-naacp-supports-the-maryland-dream-act/.

Members of the Educating Maryland Kids coalition are canvassing and phonebanking in this final 6 days before the election, reaching tens of thousands of Maryland voters.  There will also be a rally and canvass on Sunday, November 4 at 1:30 p.m. at the Baltimore Freedom Academy sponsored by The Intersection, which is mobilizing Baltimore City high school students and teachers around the Maryland DREAM Act.

###

JuiceBlender: Dem Women Dominate, Marriage Equality Boosters Work Polls, Senate Race for 2nd, No Monday Early Vote

Below Maryland Juice provides a blend of news tidbits about the current election battles, starting with early vote news:

JUICE #1: NO EARLY VOTING TODAY (MONDAY) - In case you haven't already heard, Gov. Martin O'Malley has shut down early voting today, due to the Hurricane. He made the announcement in a recent storm update (excerpt below):

GOVERNOR O'MALLEY: Since Thursday October 25, the entire state of Maryland has been under a state of emergency. Hurricane Sandy is fast approaching and forecasters predict that it will be a large, violent storm that could knock out power for a few days and cause significant damage. This is a serious, killer storm. It's important that everyone is vigilant.... Due to the storm, we are canceling early voting on Monday October 29, 2012.

Question 6 supporters at Baltimore City poll

JUICE #2: BALTIMORE CITY VIDEO // MARRIAGE EQUALITY VOLUNTEERS DOMINATE POLL COVERAGE - A Maryland Juice reader (Hat tip: Lisa Polyak) sent us the following video footage of the last-minute campaigning at a Baltimore City early voting location.

The clip below was shot yesterday, the second day of Early Voting in Maryland, and it includes Maryland Juice's "Obama + Dream Act + Marriage Equality" lawnsign. (Note: video edited by Juice):

LISA POLYAK: I shot short video walking the line of folks waiting to get into the polling sign-in at the League for People With Disabilities polling station on Cold Spring Lane.  Wait time estimated at 1.5-2 hours.  Note the only folks staffing the voter line were YES on 6; NO on 7 and YES on 7.  Fun shot at the end is someone who was walking the line (yesterday & today) with one of your Obama/Dream Act/Marriage Equality signs.

JUICE #3: DEMS MAINTAIN EARLY VOTE ADVANTAGE ON DAY 2 // DEM WOMEN 45-65 DOMINATING TURNOUT - Yesterday, we reported that the first day of early voting demonstrated greater enthusiasm from Democratic voters in Maryland. They turned out at nearly twice the rate as Republicans, and the latest report from the Board of Elections proves it wasn't a fluke. Dems turned out at nearly twice the rate of Republicans on the second day of early voting. Also of note is that Democratic women age 45-65 are turning out in far larger numbers than any other group (see page 5 of the full BOE report below). In fact, twice as many women fitting that profile turned out than the next highest group -- Democratic men age 45-65, who are in 2nd place. But first, here's the current total D & R turnout from the first two days of balloting:

• Democrats 91,185 (4.43%) vs. Republicans 26,809 (2.79%)

Maryland Early Vote Turnout: Days 1 & 2

JUICE #4: U.S. SENATE RACE BECOMES BATTLE FOR 2ND PLACE FOR MARYLAND GOP - The Capital Gazette today quotes a politico who highlights the shabby state of the Maryland GOP. The article notes that Maryland's U.S. Senate battle between Ben Cardin, Rob Sobhani, and Dan Bongino has become a race for 2nd place (Hat tip: Maryland Reporter). Indeed, with Cardin so far ahead in the race, the Maryland GOP stands to lose a lot of face. Even still, Maryland Juice doubts that a trouncing this year will lead to much soul-searching by the Free State Republicans. See an excerpt from The Capital Gazette below:

CAPITAL GAZETTE: “...anybody who observes Maryland politics and isn’t partisan has to agree: Maryland’s Republican Party is a mess.” [Todd] Eberly, a political independent, said the GOP is simply too conservative for the bulk of Maryland voters, who do not consider “progressive” a dirty word. “You don’t run a candidate who would win in Texas, in Maryland,” Eberly said.... The real challenge for the GOP may be staying out of third place.

JUICE #5: CRAZY FULL PAGE ANTI-MARRIAGE EQUALITY AD IN BALTIMORE SUN - A reader sent us the following photos of a full-page ad in yesterday's Baltimore Sun urging Christians to oppose marriage equality. They also provide us with choice quotes from the screed. See below. Notably, a majority of Christians support LGBT rights.

BALTIMORE SUN ANTI-MARRIAGE EQUALITY AD: "Gay marriage is Satan's unfinished business - a repeat scene, similar to the one recorded in the garden of Eden, where Satan tempted Eve, 'in the day you eat from the tree your eyes will be open and you will be like God, knowing good and evil (Genesis 3:5).' In the leaglization of gay marriage, man is now like God, determining good and evil."

The closing tag line states:

This Treatise is Encouraged by the People of God at the Upper Cross Roads Baptist Church, Baldwin, MD (Dr. Robert A. Condict, Pastor)

IF YOU ARE A CHRISTIAN, 'STAND FIRM IN THE FAITH...BE ALERT AND SOBER' - VOTE "AGAINST" QUESTION 6.

JUICE #6: LAST CHANCE TO ADVERTISE ON MARYLAND JUICE BEFORE THE ELECTION // BID BEFORE 4 PM TODAY - Maryland Juice is offering a rare opportunity to advertise on our blog (we rarely do this). We are hosting an eBay auction for ad space that will appear on every page and article at MarylandJuice.com for the week of the November 6 election. But note that the auction ends today around 4 pm, and the current high bid right now is a measly $10! Bid now to snatch up a bargain.

BID NOW TO ADVERTISE ON MD JUICE 

AUCTION ENDS 4 PM TODAY

Marriage Equality Opponents on Air with False Scare Tactics About School Curriculum // WATCH THE AD & THE RESPONSE

Maryland Juice has received word from Marylanders for Marriage Equality that opponents are on the tv airwaves with tired false claims that expand civil rights will have an impact on school curriculum. Below you can watch the false advertising, followed by a response from backers of a "vote for" Question 6:


    Press Release
Marriage Opponents on Air with Old Ad
BALTIMORE - Yesterday, opponents of Question 6 began airing an ad with charges that have been debunked by independent analysts and by a leading opponent of same-sex marriage. The ad in question tries to scare the parents of public school children.

“Children learn values from their parents at home, and Question 6 doesn’t change that,” said Josh Levin, campaign manager for Marylanders for Marriage Equality. “Parents, teachers, and local school districts determine the public school curriculum in Maryland. That, too will, never change. The ad is false and meant to scare voters."

Opponents of marriage equality have tried these scare tactics before. In 2009, the independent fact check site, PolitiFact, deemed the charge of “gay marriage” being taught in Massachusetts schools "false." The new ad up today by Question 6 opponents recycles this false claim.

Marc Mutty, the campaign manager for the effort to stop marriage equality in Maine in 2009, has admitted:

“One of the problems I have, I know we need to do what we need to do – not only slam people over the head with a two-by-four, but a two-by-four with nails sticking out of it. Unfortunately, I think it’s a lousy approach. But it’s the only thing we’ve got – it's the only way. That's the way campaigns work. And we use a lot of hyperbole. I think that’s always dangerous. We say things like, ‘Teachers will be forced to.’ Well, that’s not a completely accurate statement and we all know it isn’t.” 
The clip is available here: http://www.youtube.com/watch?v=ADqimp6QU2o

CLAIM: “Schools could teach that boys can marry boys.”

Question 6 provides gay and lesbian couples the opportunity to get a marriage license while protecting religious freedom. It is about fairness and equality under the law. It does not – nor could it - change education policy or impact school curricula.

CLAIM: “If Question 6 passes, same-sex marriage could be taught in local Maryland schools…”

In Maryland, a school’s curriculum is decided by local school districts. MD Edu. Code Ann. § 4-111 states that the "bylaws, basic policies, and guidelines established by the State Board, each county board, on the written recommendation of the county superintendent, shall: (1) Establish curriculum guides and courses of study for the schools under its jurisdiction.” Local school districts, parents, and teachers decide what is taught in the classroom, and no state law – including Question 6 – changes that.

The Baltimore Sun has repeatedly written about the scare tactics of Question 6 opponents.

Marylanders for Marriage Equality is the diverse coalition made up of 1199 SEIU of Maryland, NAACP Baltimore, ACLU of Maryland, Equality Maryland, the Human Rights Campaign working to protect marriage on the November ballot.

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Actress Eva Longoria Launches Robocall Urging MD Gambling Expansion // Desperate Housewife Urges "Vote For" Question 7

Maryland Juice reader Howard Gorrell sends us word that "Desperate Housewives" actress Eva Longoria is robocalling Free State voters asking them to support gambling expansion (Question 7). He sends us the following message from an anonymous Facebook user:

ANONYMOUS FACEBOOK USER: Want another great reason to vote AGANIST question 7?? My daughter that lives in Manchester, MD received a ro-bo call from EVA LONGORIA.....advising her to vote FOR question 7. Someone please tell me why this person that has no ties to Maryland (or none that I am aware of) would be making a call in favor or a bill that will have no impact on her?? Sounds like BIG money trying to strong arm us again!!! VOTE AGAINST QUESTION 7....even if Eva tells you not to!!!!

The robocall generated a puzzled response from Karen O'Keefe at the Montgomery County Media website (mymcmedia.org). See an excerpt from her column below:

MONTGOMERY COUNTY MEDIA: Why Does Eva Longoria Want Me to Vote “Yes” on Question 7? Just when I thought I’d heard it all, read it all and scrutinized it all about Question 7 – Maryland’s Expanded Gaming Referendum – and I had just about decided to vote “No” because I can’t see expanding the state’s economic reliance on gambling…

The unexpected happened. Eva Longoria called to ask for my “Yes” vote on 7.

Eva Longoria! Eva Longoria who was nominated for a Golden Globe – Best Actress in a Comedy Series in 2006  – for Desperate Housewives.... She’s from Texas, she probably lives in L.A. – when was the last time she even came to Maryland?

They paid her, right?.... Sorry Eva, I say “no” to 7.

Eva Longoria isn't the only celebrity launching pro-gambling robocalls into Maryland. Voters have reported receiving messages from boxer Oscar De La Hoya and magician David Copperfield.

EMAIL BLAST: Montgomery County Executive Ike Leggett Makes Personal Appeal for Question B: "I Need Your Help"

Today Maryland Juice received the email blast below from Montgomery County Executive Ike Leggett. Yesterday, the MoCo police union (FOP Lodge 30) called for the resignation of Leggett's spokesperson, Patrick Lacefield, over the county's Question B referendum. Today, Leggett is striking back with a personal appeal to voters to "vote for" Question B and eliminate "effects bargaining" for county police:

Vote FOR Question B requests Ike Leggett

Please Vote For Question B    Last year, all nine Montgomery County Councilmembers voted to support a critical reform at the Montgomery County Police Department.     As County Executive, I signed it into law. Police Union leaders have petitioned that reform to the November ballot. That's Question B. Democrats and Republicans may not agree on much - but both parties in the County are urging a vote FOR Question B. Currently, Police Union leaders can demand to bargain any and all management decisions made by the Police Chief.  This makes no sense. It diminishes accountability, inhibits innovation, and costs County taxpayers lots of money. It prevents the Chief from effectively carrying out his job of managing the Police Department in the most productive way possible -- protecting both his officers and the lives and property of County residents. No  other Police Union in the State and no other County employee union have this power. The change would preserve the union's right to bargain on wages, hours, working conditions, and safety but fix their sweeping ability to make the Police Chief bargain every management decision with them.       There's more info at www.montgomerycountymd.gov/questionB  What can you do? Vote FOR Question B. Early voting begins October 27. Take this email, share on your community listserve, and forward to your friends and neighbors. Contact "Neighbors FOR Question B" to help at Agordontax@aol.com Thanks for your help. Ike I need your help to win a "FOR Question B" vote.

Dream Act Lawnsigns Now Available // Pick-Up "Vote for" Question 4 Signs at CASA de Maryland Juice (Takoma Park)

Educating Maryland Kids is now distributing lawnsigns urging a "vote for" Question 4 (aka the Dream Act). Maryland Juice has a few dozen of these signs available for pick-up at my house (on the border of Takoma Park and Silver Spring). The signs below are free of charge if you are able to come get them. Email david@marylandjuice.com for the address.

Jewish Community Relations Council Urges "Vote For" Dream Act, Marriage Equality & Expanded Hiring for Disabled Workers

The Jewish Community Relations Council of Greater Washington (JCRC) is urging Maryland voters to "vote for" the Dream Act (Question 4) and marriage equality (Question 6). Additionally, they are urging Montgomery County voters to "vote for" Question A, which would expand hiring opportunities for disabled individuals. The piece below, by JCRC leaders Ron Halber and Harvey Reiter, appeared yesterday in Washington Jewish Week (excerpt below):

WASHINGTON JEWISH WEEK: The Jewish Community Relations Council of Greater Washington is urging our community to vote for the Dream Act, Marriage Equality and the proposed charter amendment to Expand County Hiring for People with Physical, Cognitive Disabilities.... As Jews we are called on to act - for ourselves, our fellow Jews, our neighbors and the whole world....

Our own history is a reminder of how education has benefited not only the Jewish immigrant community, but all of society. The Maryland Dream Act extends eligibility for in-state tuition rates at communitycolleges to young people who grew up in Maryland..... To support this law, vote "yes" on Question 4.

It is with great respect for all religious traditional perspectives that the JCRC urges the community to vote in support of marriage equality.... No rabbi whose denomination bars sanctifying same-sex marriage would be required to officiate at such a marriage.... The JCRC encourages you to vote for Question 6.

Way down the ballot, past the statewide questions, under "Montgomery County," the proposed charter amendment to expand county "Hiring Individuals with Disabilities" would allow the county government to give qualified individuals with disabilities the same hiring preference for county government jobs that is now accorded to veterans.... Vote for "Question A, Charter amendment by act of County Council Merit System-Hiring Individuals with Disabilities".

Read the full JCRC endorsement at Washington  Jewish Week.

MoCo Police Union Calls for Resignation of County Exec Ike Leggett's Spokesperson // Question B Fight Gets Personal

The Gazette is reporting that Montgomery County's police union (FOP Lodge 35) is calling for the resignation of County Executive Ike Leggett's spokesperson Patrick Lacefield. The two sides are at odds over MoCo's Question B referendum, which calls for an elimination of "effects bargaining" rights for police union members. See an excerpt from The Gazette article, followed by information from the FOP's "vote against" Question B website:

GAZETTE: Lanny Davis, who is representing Fraternal Order of Police Lodge 35, asked Leggett (D) to ask for Patrick Lacefield’s resignation. Lacefield is the county director of the Office of Public Information....

In defending the county’s actions, Lacefield said the county was following a similar plan from 2010, when a proposed fee for ambulance services was being debated. The county, with an OK from the Attorney General’s Office, advocated for the ambulance fee, spending about $12,000 in county funds. Lacefield said former FOP president Mark Zifcak supported the county’s actions in 2010.

That Zifcak supported spending public money, Davis said, is a lie. That the county truly advocated support of the question is a lie, he said.... When asked his reaction to Davis’ call for his resignation, Lacefield said, “Just doing my job” — a job he called an “honor.

FOP ALLEGES COUNTY IS LYING ABOUT QUESTION B: The FOP, for what its worth, has released a website countering the Montgomery County "vote for" Question B site, that alleges MoCo is lying about the impact of "effects bargaining." Maryland Juice pulled out the first two items on their rebuttal below, but you can see their full roster of rebuttals online.

Ike Leggit's Claims	The TRUTH
"Under "effects bargaining," Police Chief Tom Manger has to bargain everything about running his department with Police Union leaders. "	This is a bald-face lie. In fact, 95% of all police department operations are not subject to AN Y bargaining. Under existing law, the County must bargain over ONLY the effect on employees of an exercise of a management right. Most management decisions do not have an effect. Without triggering effects bargaining FOP members in Montgomery County have been able to effectively perform their jobs, including: Responding to the Beltway sniper Responding to Discovery Channel bomber Relocating MCP Headquarters and Rockville District Station. The investigation of 62,944 crimes reported in 2011 The investigation of 58,081 crimes reported in 20II realizing a 7.7% reduction in crime from the previous year
"That includes the distribution of critical police equipment, ... "	The law as it is provides that when there is a significant effect on the safety of the public, the employer may implement before resolving effects bargaining. The police depaltment has never had to do so. Agreement has always been reached.

VIDEO: Anti-Gambling Ad Features Comptroller Peter Franchot: "It Is a Lie to Say New Casino Will Bring New Education Dollars"

Below Maryland Juice provides the latest TV ad from opponents of gambling expansion. The spot below urges a "vote against" Question 7 and features Comptroller Peter Franchot's criticism of the effort:

PETER FRANCHOT: It is a lie to say that the existing slots program or the new casino that’s proposed in Question 7 will bring in new education dollars.

The key claim in the ad is that if question 7 passes, there is no guarantee that gambling revenue will be used for education spending:

MARRIAGE EQUALITY: New "Vote For 6" Radio Ad with Obama // PLUS: Rockville Councilmember Attacked for Lawnsigns

JUICE #1: NEW RADIO AD FEATURES OBAMA: Today Marylanders for Marriage Equality has released a new radio ad featuring President Barack Obama's endorsement of marriage equality earlier this year. Listen to the new spot below:



JUICE #2: CRAZY ANTI-MARIAGE TRUCK AD: A Maryland Juice reader forwarded us the image below of a crazy anti-marriage equality truck ad. See the image below and accompanying explanation:

READER: Saw this on I-270 this morning. The side said "Shame on America."

JUICE #3: LIMITED SUPPLY OF FREE "VOTE FOR 6" LAWNSIGNS: Thanks to a generous donor, Marylanders for Marriage Equality is now offering free "Vote for Question 6" lawnsigns to the first 1,000 people who request them. You can pick up signs from Marylanders for Marriage Equality offices in Silver Spring, Baltimore, Cumberland and Frederick.

[ CLICK HERE TO REQUEST A LAWNSIGN ]

JUICE #4: ROCKVILLE COUNCILMEMBER TOM MOORE UNDER SEIGE FOR PRO-MARRIAGE EQUALITY LAWNSIGNS: Last week, Maryland Juice reported that Rockville City Councilmember Tom Moore decided to print city-specific lawnsigns urging a "vote for" Question 6. Note: You can pick-up signs at his house 11 Forest Ave in Rockville starting next Monday, October 29. In any case, Moore's effort is now under attack from the opponents. See the update below:

TOM MOORE: This is not particularly a news item, but I thought you might enjoy it.   I'm not concerned that it will amount to anything, but man -- no good deed goes unpunished. Debra Daniel, for your reference, is Rockville's City Attorney.

On Oct 24, 2012, at 11:07 AM, xxxxx <xxxx@verizon.net> wrote:

Dear Ms. Daniel,

Once again, I find it necessary to question the recent  action of Councilmember Tom Moore. During Monday’s Council meeting, Mr. Moore displayed the image shown below. He announced that yard signs are available, and can be picked up at his house. It is my opinion he conflated the Council’s position on Question 5 with his personal position on Question 6.

The sign Mr. Moore displayed, and will distribute, gives the impression that the City, through the Mayor and Council, has taken a position on this issue. Who does Mr. Moore think he is, that he can speak for all of Rockville? Mr. Moore doesn’t seem to understand that as an elected official, when he uses such language as “Rockville Votes For”, he is representing our City, and goes far beyond expressing his personal views.

I am hereby requesting that Mr. Moore be told he cannot distribute or display the sign. The City did not approve this, does not take a position on the issue and Mr. Moore is not entitled to speak for all of Rockville.

I would like a timely response to my request, and what action, will be taken. If you feel that, as the City Attorney, you cannot respond directly to me, then I ask you direct your answer through the City Manager or the Mayor. If it is the decision of the City Attorney, City Manager or City Council that there is nothing wrong with Mr. Moore’s language, I would like an explanation as to why.

Sincerely,

XXXXXX

http://r4em.moores.org/

Maryland Prosecutor Investigates Montgomery County Gov't Advocacy for Question B // READ: MoCo Officials Respond

UPDATE: The Gazette today reports that Montgomery County's police union has been effectively shut out from advertising on county buses, even though MoCo has agreed to make an exception and let them advertise against Question B:

GAZETTE:  Montgomery County might be willing to make a special exception and allow the Fraternal Order of Police to put signs against Question B on RideOn buses, but police say the decision came too late....

Zifcak, immediate past president of FOP Lodge 35, said the union was told by the contractor who handles the bus advertising, Direct Media USA, that it will take 14 days to get their ad on buses. The Nov. 6 election is 13 days away.....

Below, Maryland Juice discusses two updates to the ongoing battle between Montgomery County officials and their police union. First, we highlight a Maryland prosecutors investigation of whether MoCo was improperly engaging in advocacy on this November's ballot questions, and then we update our story on allegations of censorship on MoCo's bus ads.

Rep. Dutch Ruppersberger Announces Support for Marriage Equality (Question 6) at Debate // How Now Elijah Cummings?

Maryland Juice was recently trolling the news and noticed that Rep. Dutch Ruppersberger appears to have endorsed marriage equality (Question 6). WBAL recently covered a candidates debate between the 2nd Congressional District's Democratic incumbent and his GOP challenger State Senator Nancy Jacobs. They captured the noteworthy comments below on the Dream Act (Question 4) and marriage equality:

WBAL: "What that amnesty, or whatever you want to call it, gives them the ability to education themselves. I want them to get educated and be made legal because we need their tax money to help with the deficit and our country. That's who we are as Americans," Ruppersberger said.

Ruppersberger pointed to his long deliberation about gay marriage as evidence that he doesn't toe the party line.

"I prayed about it. I did whatever I thought I needed to do, and in the end, I decided -- a very tough decision for me -- to come out in favor of it because I worried about discrimination," Ruppersberger said.

Notably, Ruppersberger was listed as undecided on marriage equality as recently as last July. This would make Rep. Elijah Cummings the only Democrat in Maryland who is running for U.S. House or Senate who has not endorsed a "vote for" Question 6.

CRAZY VIDEO: Maryland Pastor Says Gays & Their Supporters "Deserving of Death" at Anti-Marriage Equality Event

The Maryland Marriage Alliance, the main group organizing opposition to marriage equality (Question 6), recently assembled a panel of speakers in Baltimore. Last Friday they held a town hall meeting at Manna Bible Baptist Church and brought together opponents of civil rights for LGBT families.

QUESTION 6 SUPPORTERS WORTHY OF DEATH: One of the panelists, Pastor Robert Anderson of Randallstown started off by suggesting that a "vote for" marriage equality (Question 6) would open the door for legalized prostitution, bestiality, polygamy and incest. But even worse, Pastor Anderson plainly stated that gay and lesbian residents -- and their supporters -- were "deserving of death."

In the video footage below, the moderator of the event appears to praise these statements, while the other panelists nod in approval. Watch our video recap of the Maryland Marriage Alliance Town Hall below:




SIDEBAR: This event was held in Rep. Elijah Cummings' district. But as we previously noted, the longtime Democratic politician is turning a blind eye to the hate brewing under his nose.