My first bill had already passed my new committee four times.

 House Bill 31 is designed to thwart dirty tricks before they affect the outcome on Election Day.  It would enable the Attorney General or a registered voter to prove to a judge that there are reasonable grounds to believe someone has or will violate the election law. 

 Last year was the first time the bill got to the Senate floor, but it died there in the midnight hour of the session. 

 The only question from a committee member today was whether this legislation would result in lawsuits over heated but legitimate political arguments. 

 “The bill does not criminalize anything that isn’t already illegal,” I responded.  “But it does enhance the penalty.  You would be in contempt of court.”

 A similar question arose over my second bill. 

 House Bill 101 would treat disruption and deception during a referendum petition drive as we already do dirty tricks. 

 You could not use fraud, force, menace, or intimidation when urging people to sign a petition or trying to prevent them from doing so.  An equal opportunity prohibition. 

 This time, the question came from a witness, a lawyer with experience in election law. 

 “What do menace and intimidation mean?  If someone yelled at a potential signatory, would that be a violation?” he asked.

 “This is a criminal law,” I responded.  “To be convicted, you must willfully and knowingly use force or intimidation.  A jittery voter on the receiving end doesn’t make it illegal.”

 The language in HB 101 is not new; it’s already in Maryland law and the federal Voting Rights Act.  So I asked committee counsel to see how these words have been applied by the courts over the last 40 years.

February 8