Maryland GOP Files Complaint Over
Anti-Ehrlich Ads
By Chris Yakaitis
Capital News Service
Thursday, Oct.
19, 2006
ANNAPOLIS, Md. - The Maryland Republican Party filed a raft of
complaints on Thursday alleging that a political organization
with ads attacking Gov. Robert L. Ehrlich may have illegally
coordinated with Democratic candidate Martin O'Malley's
campaign.
In a complaint submitted to the Internal Revenue Service, the
State Board of Elections, the state prosecutor and the U.S.
attorney's office in Baltimore, the party calls The Maryland
Fund a "secret fund" that is "illegally trying to hide its
donors while deceiving the voters of Maryland with their
intentionally misleading ads."
John M. Kane, chairman of the Maryland Republican Party, told
a press conference there is "strong enough evidence that it
should be investigated."
On Sept. 28, The Maryland Fund - a tax-exempt political
organization known in political parlance as a 527 - began airing
negative television and radio ads linking Gov. Robert L. Ehrlich
to President Bush, a theme reiterated on its Web site, EhrlichIsBush.com.
The Web site features two 15-second television ads and a
parody of "Jingle Bells" that begins with a festive chorus
singing: "Ehrlich, Bush, Ehrlich, Bush / Ehrlich every day / He
sides with big corporations / That take your money away." It
also includes a banner image of Ehrlich and Bush morphing back
and forth.
While created under the same section of the tax code that
governs political campaigns and political action committees, 527
groups are not regulated by the Federal Election Commission and
are not held to contribution limits. However, federal election
law prohibits 527s from coordinating with political campaigns.
John Rouse, executive director of The Maryland Fund, denied
having any contact with O'Malley's campaign or any other
Democratic campaign.
"That would be against the law," he said by phone from his
D.C. office. "Their entire press conference is silly."
The contested ads do not mention O'Malley but are relentless
in attacking Ehrlich with phrases such as "Tell him to stop
governing like George Bush" and "Bob Ehrlich/George Bush:
Letting big business call the shots."
Spokesmen for O'Malley's campaign could not be reached for
comment, but in previous press accounts they have denied any
connection to the fund.
David Paulson, a spokesman for the Maryland Democratic Party,
said his group has "no connection or relationship or
communication with this group whatsoever."
He added, "John Kane has two Republican candidates in this
state who are losing in the polls and going downhill fast. [The
complaint] is a silly, desperate, unsubstantiated accusation
designed to get attention without any basis whatsoever."
Kane said the ads' authority line, "Paid for by The Maryland
Fund," doesn't give Maryland voters enough information about who
is sponsoring them. He also pointed specifically to Jim Cauley,
a Democratic consultant who worked for O'Malley's 1999 mayoral
campaign and is connected to Rouse's consulting firm.
"In this regard, it appears that these advertisements have
likely been coordinated with the O'Malley campaign, and
therefore warrants investigation into whether the contribution
limits... have been exceeded," Kane wrote in his complaint.
Audra Miller, spokeswoman for the Maryland Republican Party, said The Maryland
Fund has purchased more than $900,000 worth of television and
radio ad time in the D.C. and Baltimore markets. She based the
total on information she has received from local media outlets,
she said.
"A million dollars is an awful lot to throw around without
any identity or authority lines," Kane said. "It should be
identified, where it's coming from and what connection."
Rouse acknowledged that Cauley is a member of The Maryland Fund, but said attempts to tie his work for O'Malley "almost a
decade ago" to the current ads are "specious and ridiculous."
"Our lawyer assured us that our authority line is in
compliance," he added. "We comply both with the spirit and the
letter of the law."
Rouse also dismissed a GOP claim that the fund failed to file
an IRS report of contributions and expenditures, saying the
forms were submitted on paper because "we did not receive the
password that allows us to file electronically."
Political analyst Frank A. DeFilippo said he wasn't familiar
with the ads but characterized the controversy as a political
"shot in the dark.
"It's awful difficult to prove if there's a
connection between a 527 and a candidate," he said. "At this
stage in the campaign, both sides are going to grab anything
they can. ... I don't see too much there, frankly."
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