Public Financing of MoCo Elections Passes

Today (September 30) the MoCo Council adopted a bill to become the first jurisdiction in Maryland to implement public financing of elections.

Candidates will have to meet a threshold of small donations, and once they do that donations will be matched by a public fund. Small donations will be matched at a higher rate than large donations, so the public should have a greater voice in how money is raised for campaigns.

The MoCo Council spent many hours today going over this bill, making many amendments that most people feel generally strengthened the bill.

As was said by a Council Member, this public financing bill is the result of years of work by Council Member Phil Andrews. He supported and pushed for public financing of elections to make the public a more influential voice in elections than large donors. He will soon be leaving the Council but this, as well as many other initiatives of his in the past, will influence the citizens of Montgomery County long into the future.

First Candidate Forum for Bd of Ed Candidates

Last night (Sept 29) we had what I think is the first candidates forum for Board of Education candidates on the November 2014 ballot. All 8 candidates showed up for the forum sponsored by the League of Women Voters and the MoCo Council of PTA's.

While it was interesting to see and hear all the candidates, I doubt that anyone in the audience or those who will see a rebroadcast on Channel 21 will find this forum helpful in assisting them to decide for which candidates to vote.

In my opinion some candidate forums are too rigidly controlled. All the questions were prepared in advance by the forum organizers, or selected from written questions submitted by the audience. Unless I missed it, there were no controversial questions. For example, all responded to, "What will you do about diversity in MCPS (MoCo Public Schools)? by saying, "I support more diversity but no one should lose a job."

I suggest that organizers of future candidate forums allow and encourage questions directly from the audience, and not allow every candidate to answer every question. That will make forums more interesting and will give voters a clearer indication of which candidates they wish to support.

Public Financing of Elections

Next Tuesday, September 30, 2014, starting a little after 11am in the County Council chamber in Rockville, the MoCo Council is scheduled to consider a bill to establish public financing of elections in our county. 

Most good government people like the idea of public financing of elections. They feel it will prevent wealthy individuals from contributing too much to candidates, and it will prevent candidates from becoming too beholden to large contributors.

Others question if public financing of elections has worked in other places where it has been tried. They also question if it will create more problems than it will solve.

One of the amendments proposed by the MoCo Government Operations (GO) Committee would allow government matching funds for contributions from people outside our county, friends and relatives of candidates. That was not allowed in the original bill by Council Member Phil Andrews and it passed the GO Committee only 2-1. It will likely come up again next Tuesday.

Another issue that was raised in the GO Committee is whether a candidate would be allowed to buy an ad in a souvenir booklet of the Dem or Rep Central Committee. That is one of the main sources of funds for these parties, but the State bill authorizing the County to have public financing of elections appears to prohibit this. This is likely to be an issue at the MoCo Council and/or the Maryland General Assembly, too.

Hearing on Recommendations of the Right to Vote Task Force

The MoCo Council creating a Right to Vote Task Force which presented 59 recommendations in its written report this summer. Tonight (September 23) the Council held a public hearing on those recommendations.

There was a great deal of interest and many presenting testimony (full disclosure: the author of this blog was among them). The most controversial subjects appeared to be:

The Task Force recommends that the County Council encourage the Maryland General Assembly to pass a state constitutional amendment to establish Election Day registration.

The Task Force recommends that Montgomery County request the State of Maryland to allow each county to determine its own public policy with respect to the voting rights of noncitizens with permanent resident visas in county elections.

The Task Force recommends that Montgomery County allow noncitizens with permanent resident visas to vote in county elections if state law is changed to allow noncitizens to vote.

The Task Force recommends that the County Council encourage the Maryland General Assembly to change state law to allow incarcerated felons who are Maryland residents the option to register to vote during the pre-release phase before any parole and probation. That 'pending' registration should become active automatically on the date the person becomes eligible.

The Task Force recommends that the county encourage the Maryland General Assembly to change state law to restore voting rights to residents with felony convictions who have served their time in prison and pre-release programs but who are still serving a term of probation or parole.

The Task Force recommends that the County Council and Executive propose to the Maryland General Assembly reducing the voting age from 18 to 16 years old for county elections.

Emancipation Proclamation
     
Today is the date in 1862 on which Abraham Lincoln issued the preliminary Emancipation Proclamation (it became effective on January 1, 1863). It's difficult now to realize how extremely controversial that was. 

Many thought freeing slaves in the Confederacy would cause so many desertions in the Union army that the war would be lost. Even more thought that African-Americans were better off as slaves and that they should not have any rights. 

But Abraham Lincoln knew that the United States needed "a new birth of freedom" and took a great chance, freeing more people from slavery than had ever been done in the history of the world. The result was a much better country but one that still has racial problems lasting from the time of slavery.

Candidates Forming Gauntlets

I think we can understand what candidates think they should do at the polls on early voting and regular voting days. They want to have every opportunity, especially the last opportunity, to urge voters to vote for them.

However, candidates should also consider that by forming a gauntlet for voters trying to get to the polling places they are intimidating voters. Many people probably refuse to vote because they don't want to have to face candidates who sometimes push to get them to vote their way. And it's probably also likely that some voters purposely vote against the aggressive candidates.

There may not be any way to legislate on this, but it could be helpful if all candidates try to think of a way to campaign in a dignified manner, and not set up intimidating gauntlets for voters on their way to the polls.

MoCo Board of Education Candidates Forums

The MoCo Board of Education controls more than half the taxes we all pay to our county, about $2.3 billion, and no one can tell them how to spend it. Shouldn't we want to know who are the people who are controlling all this money we have paid?

Everyone in MoCo can vote in November for one of the two candidates running (a) at large, (b) district 1, (c) distict 3, and (e) district 4. The candidates are:

At Large: Jill Ortman-Fouse vs. Shebra Evans
District 1: Judy Docca vs. Kristin Trible
District 3: Patricia O'Neill vs. Laurie Halverson
District 5: Michael Durso vs. Larry Edmonds

There are several forums scheduled where you can hear the candidates and ask them tough questions:

September 29 (will be videotaped and aired 

on MCPS TV)

League of Women Voters & MCCPTA

CESC (Auditorium)

6:30 pm

September 30

Taxpayers League

Rockville Library, 21 Maryland Avenue

7 pm

October 5

Start School Later

3:30 p.m. – 5 p.m.

Location TBD

October 8, 2014

Aspen Hill Civic Association

Aspen Hill Library, 4407 Aspen Hill Road.

7:30 pm

October 11

NAACP

CESC

8:30 am

October 15 (will be videotaped and 

circulated)

Whitman Cluster

River Falls Clubhouse, 7915 Horseshoe Lane, 

Potomac, MD.

7 pm

October 21

Safe Silver Spring w/ MCCPTA

Long Branch Community Center

7:30 pm

You can ask the candidates such questions as:

Do you support the MOE (maintenance of effort) 

law, which prohibits lowering the amount schools

receive in a recession, even it it means

police and others have to be laid off?

If you are elected will you support the Board of 

Education having closed meetings, as the Board 

has done so many times in the past?

Democratic Party's Precinct Organization and Central Committee Vote on Ballot Questions

This evening (Wednesday, September 17, 2014) the MoCo Democratic Party's Precinct organization (all precinct chairs and vice chairs and area coordinators) heard a presentation by the BQAC (Ballot Questions Advisory Committee). 

The BQAC had presented a report detailing the background of each of the questions on MoCo ballots this year, plus the best reasons to (a) support, (b) oppose, or (c) take no position on each ballot question.

The Precinct Organization voted to support all the ballot questions, including: 

(1) more protection for the Maryland Transportation Trust Fund

(2) authorizing MoCo to have elections to fill vacancies in the office of County Executive if that office becomes vacant

(3) providing more detail about where MoCo Council district members must live in relation to their districts, particularly after redistricting

(4) supporting retention in office of two Judges of the Maryland Court of Special Appeals.

After the meeting of the Precinct Organization, the MCDCC (MoCo Democratic Central Committee) voted to support all of the Precinct Organization's positions on these ballot issues.

Another Item about Public Financing of MoCo Elections

As mentioned in a previous post, MoCo Council Member Phil Andrews has introduced a bill that would start public financing of MoCo elections. Those who support minimizing the role of money in politics support this idea.

One problem mentioned before in this blog was that the bill would prevent any candidate from taking out ads in party publications such as the MCDCC Spring Ball book. That could have very negative consequences on party organizations, and that is not something good-government people should support.

Another possible problem is that an amendment was proposed and adopted 2-1 in committee that would authorize matching public funds for contributions to candidates not only from MoCo residents but from those residing anywhere. Should we use public money to match what candidates collect outside our county? 

Perhaps not as the purpose of the bill is to encourage candidates to rely on contributions from MoCo residents in order to obtain matching public funds. On the other hand, some are saying that candidates should be able to obtain matching funds for any contributions they receive from outside the county, as they --- especially new candidates --- often ask relatives and friends who might not live in MoCo for support.

These issues will come before the County Council soon.

Public Financing of MoCo Elections

People who support good government generally support the idea of public financing of elections. MoCo Council Member Phil Andrews has introduced a bill to start this in MoCo, after the Maryland General Assembly authorized it last year.

However, during the meeting of the MoCo Council's Government Operations and Fiscal Policy Committee, it was pointed out that the proposal contains a provision that has hardly been noticed --- and that apparently cannot be eliminated by the County Council because it is in the State's authorizing legislation.

That provision would prohibit a candidate who is receiving public financing from contributing any of that money to another political group. For example, Democratic candidates would no longer be able to buy ads in the MCDCC Spring Ball booklet. This would mean a drastic cut in the finances of MCDCC and its Republican counterparts.

Hopefully this will be examined and some way to fix it will be found.

District 19 Dem Club Annual Meeting

The District 19 Democratic Club, which has been revitalized and is doing a great job, is having its Annual Meeting on Tuesday, October 7, 2014, starting at 7pm, in the Aspen Hill Library, downstairs meeting room, 4407 Aspen Hill Rd, Rockville, MD 20853.

The special guest speaker is Congressman John Delaney, whose 6th Congressional District in Maryland includes part of legislative district 19. We will also elect new officers and vote on a small bylaws amendment.

Everyone is invited and refreshments will be served.

September 17, A Date that Should be Remembered

We are approaching September 17, a date that should be remembered more than it is, especially in Maryland.

Besides being the date on which the U.S. Constitution was signed by delegates in Philadelphia is 1789, it is the date on which it could easily be argued that the United States was saved in 1862.

Some might think that the date on which the most Americans were killed was 9/11/2001, or perhaps Pearl Harbor Day or D-Day. They would be wrong. More Americans died on September 17, 1862, at the Battle of Antietam, than on any other day in history.

In September 1862 many felt that all that was needed to end the existence of the United States was one more victory by Robert E. Lee and his Confederate Army of Northern Virginia. Recognition of the Confederate government by England and France would follow and with it the end of the U.S. as we know it.

Despite poor leadership by Union generals, the bravery of U.S. soldiers prevented a Confederate victory and allowed Abraham Lincoln to issue the preliminary Emancipation Proclamation five days later. That ended all possibility of European recognition as Great Britain and France didn't want to support a Confederate government whose very existence was based on expanding slavery.

Each year 23,000 luminaries are lit on the Antietam battlefield to commemorate the number of casualties on that one day of September 17. Perhaps more importantly, the existence and future of the United States is the commemoration of the Battle of Antietam.

Ballot Questions Details

There is now a public document that provides detailed information about the questions that will appear on our ballot in the MoCo 2014 election. It's at http://www.mcdcc.org/wp-content/uploads/2014/09/Ballot-Questions-Report-2014-Final.pdf

The report of MCDCC's Ballot Questions Advisory Committee is objective, telling you what the ballot questions are, giving detailed background information about them, and also providing the best reasons to vote to support, oppose, or take no position on them. It's a very interesting document, and one that can be very helpful to voters.

Upcoming Important Election Dates and Times

Here are important dates and links for the upcoming general election:

Tuesday, October 14, 2014, 9pm - Deadline to register to vote in this year's general election

Voter Registration form is at http://www.elections.state.md.us/voter_registration/documents/English_Internet_VRA.pdf

Thursday, October 23, 2014 through Thursday, October 30, 2014 - 10am to 8pm each day - Early Voting

Tuesday, October 28, 2014 - Deadline to request absentee ballot if you want it delivered by mail or fax

Friday, October 31, 2014, - Deadline to request absentee ballot if you want it delivered by internet

Tuesday, November 4, 2014 - Election Day - polls open 7am to 8pm

Where Do We Get News From?

In the past almost all of us got our news from newspapers and later from radio and tv, all of which tried to be objective.

Now many of us get our news from tv shows that don't try to be objective but that often present more detailed information and stories that other media don't cover at all. An example is the Rachel Maddow show on MSNBC.

It may seem funny but some very important news is presented on comedy shows such as The Daily Show with Jon Stewart and Last Week Tonight with John Oliver. Within the humor are often very insightful commentaries. 

These shows are well worth watching and they are good sources of information about what is going on in our world.

Selection of Judges in Maryland --- Does the Process Make Sense?

Judges in Maryland are selected or elected in different ways.

First, what are the courts? They are on 4 levels.

The highest is the Court of Appeals, with 7 members. It's the equivalent in our State of the U.S. Supreme Court.

The next highest is the Court of Special Appeals with 13 members. Both the Court of Appeals and the Court of Special Appeals have sessions in Annapolis.

Next are the Circuit Courts, which exist in each county. And then there is the District Court and the Orphans Courts, whose judges are also in each county.

How are the judges of these courts selected?

As described on the website “Judgepedia,” election of state court judges in Maryland occurs largely through the commission-selection, political appointment method with confirmation from the Maryland Senate. After serving for at least one year, judges must run in yes-no retention elections to determine whether they will continue serving.

Two courts employ different selection methods: the circuit courts, which sometimes use non-partisan elections, and the orphans' court, which uses partisan elections.

Under the Maryland Constitution, elected and retained judges' terms begin on January 1 after the general election.

The 7 justices of the Maryland Court of Appeals and the 13 justices of the Maryland Court of Special Appeals are selected in an identical manner, each serving 10-year terms. They are appointed by the governor from a list submitted by a judicial nominating commission and are subject to state senate confirmation.

After serving for one year, judges must run for retention in the next general election if they wish to continue serving.

The chief justices of the appellate courts are designated by the governor to serve indefinite terms.

Qualifications
To join either of these courts, a judge must be:
a U.S. and state citizen;
a registered state voter;
a state resident for at least 5 years;
a circuit resident for at least 6 months;
a state bar member;
at least 30 years old; and
under the age of 70 (retirement at 70 is mandatory).

Vacancies

If a vacancy on the court occurs, the same process is used to fill it. A new judge must then face retention, according to the state Constitution, "at the next general election following the expiration of one year from the date of the occurrence of the vacancy which he was appointed to fill."

Circuit Court

The 152 judges of the eight Maryland circuits are chosen by the governor with help from a nominating commission. (Unlike the appellate court judges, circuit court judges do not need to be confirmed by the senate.)

Circuit judges serve for one year, after which they must run in non-partisan elections if they wish to continue serving. If re-elected, they serve for fifteen years.

The chief judge of each circuit court is chosen by seniority. All policies on judicial qualifications and the filling of interim vacancies are the same as those of the appellate courts.

District Court

Judges of the Maryland District Courts, like those of the appellate courts, are appointed by the governor from a list of names submitted by a nominating commission. They are also subject to confirmation from the state senate.

Judges serve 10-year terms.

Orphans' Court

Judges of the Maryland Orphans' Court are selected in partisan elections (except in the counties of Harford and Montgomery, where circuit judges are assigned to serve on the orphans' court). They run for for re-election every four years.

Vacancies are filled by the governor, subject to confirmation by the state senate. The appointee serves for the remainder of the unexpired term.
[end of quote from Judgepedia]

Governors of Maryland since 1970 have established, by Executive Orders, groups known as judicial nominating commissions to help select judges, but these commissions continue to exist only by Executive Orders.

Does all this make sense? Some require Senate confirmation but others don't. Some are elected in the same type of elections as other elected officials, some are given yes-no elections, and some don't face any elections. Some have 10 year terms and some have 15 years.

What do voters know about each Maryland Judge when they are asked to vote? Even if they have the time and inclination, how can they find out what they should know to make those decisions?

Some groups research judges' backgrounds and it is possible for voters to find out where judges went to school and what positions they have held. Does that give the average voter, or even the most studious voter, enough information to make an intelligent decision about whether to vote for or against any judge?

If voters cannot reasonably be expected to obtain information to make intelligent decisions about judicial candidates, why are we selecting our judges in this manner? Are there better ways to select judges? Many states have experimented with different methods, and the federal government selects judges by appointment of the president and ratification of the senate, for lifetime appointments.

Since the present system for selection of judges in Maryland really doesn't make sense, we are lucky that good judges are almost always selected. However, that might not always be the case n the future. Shouldn't our legislators look into different and more logical ways to select our judges in Maryland?

Labor Day: A Serious Holiday

Labor Day is a serious holiday about a serious subject. It goes back 120 years and was started after a deadly battle with union members, the Pullman Strike and battle resulting in 30 deaths.

Labor unions fought long and hard to make life better for workers, creating a middle class in the U.S. and improving the economy and life for everyone. 

To name a few achievements, the labor movement brought about a five-day forty-hour work week, prohibition of child labor, workplace safety, reasonable pensions, and fair salaries for all including women (my grandmother was a loyal member of the ILGWU).

It is difficult to understand that some people do not realize that all Americans benefit from what unions have achieved and could achieve again.

Unfortunately, in recent years the labor union has suffered reverses, such as the recent Supreme Court decision in Harris v. Quinn that workers who benefit from union achievements but are not members of the union do not have to pay anything for those benefits.