Judge strikes down walkaround money' law

Daily Record, The (Baltimore), Apr 25, 2003 by Carolyn Magnuson

A Prince George's County Circuit Court judge has declared a 24- year-old Maryland election law prohibiting so-called "walkaround money" unconstitutional on its face, and dismissed criminal charges against three people accused of breaking the law for Gov. Robert L. Ehrlich Jr.'s campaign.

"This Court determines that infringement upon the Defendants' (and all others) First Amendment rights to freedom of speech are unwarranted," wrote Circuit Court Judge Richard H. Sothoron Jr. "This Court concludes that [Article 33] 13-209 is facially unconstitutional."

"I can't say I'm shocked the judge ruled the way he did," said Senior Assistant State Prosecutor Thomas M. McDonough, noting a trend in Supreme Court rulings on the First Amendment -- the basis for the Prince George's court's striking down the law.

Defense lawyers -- who filed the motion prompting the court to dismiss the charges -- were pleased, particularly with the speed of the court's order -- just two working days after it was argued.

"Being branded as a criminal for expressing your First Amendment rights is clearly wrong," said Baltimore lawyer Larry Nathans. "We're pleased Judge Sothoron took action quickly."

Ehrlich was in his car on the way back from a tour of the University of Maryland Baltimore County and lunch with its president yesterday afternoon when he heard news of the decision via a phone call from Lt. Gov. Michael Steele. He was pleased with the decision, according to his press secretary, Shareese Deleaver.

"No governor wants a cloud like this hanging over his administration," Deleaver said. "Gov. Ehrlich is hoping this is the end to a long situation.

"This has just been a distraction in the process of governing," Deleaver said.

The State Prosecutor's Office, the agency responsible for prosecuting election law violations, has not decided whether to appeal the decision, according to McDonough. The office expects to consult with the attorney general's office before making that decision.

"The state prosecutor's office can handle their own appeals," said Sean Caine, public information officer for the attorney general's office, "but we'd be happy to consult with them if they request it."

Lawyers for the lead defendant, Shirley R. Brookins, a 56-year- old Washington resident, filed the motion to dismiss the indictment on First Amendment grounds last February. The order also dismisses the charges against the other two defendants -- Steven P. Martin, 31, of Capitol Heights, and Rashida S. Hogg, 23, of Silver Spring.

Brookins worked for a Washington temporary agency hired by Democrats for Ehrlich and was accused of busing residents of a homeless shelter into the state on Election Day to distribute campaign materials for $150. Martin and Hogg were accused of recruiting campaign workers from Bowie State University to work the polls for money.

Because the alleged violations occurred further than 100 feet from an election polling location, the defense argued that the Maryland election statute was too broad and resulted in an illegal infringement of the defendants' First Amendment free speech rights. The judge agreed.

"A close scrutiny of the subject statute reveals that the Maryland legislature, in enacting [the] statute, has effectively given prosecutorial agencies unlimited authority to regulate the interaction of voters and poll workers beyond the 100-foot boundary," Sothoron wrote.

The court also questioned whether the law achieved its intended purpose to fight election fraud.

"This Court wonders aloud," Sothoron wrote. "If the legislature was concerned about voter fraud (such as illegal payments to poll workers), why did the legislature not apply the subject statute to the primary election as well?"