SLAPP forward and a violation of the law?

My SLAPP bill passed the House today, 96-36.

As you may recall, a Strategic Lawsuit Against Public Participation is a meritless lawsuit filed to silence opposition and prevent an individual or group from exercising their First Amendment rights.

Why did 36 of my Republican colleagues vote against it?

The lobbyist for Maryland Right To Life opposed the bill, with a misguided argument that it would be used to silence pro-lifers.

No one made that argument on the House floor.  They just voted no.

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Walter Dellinger, a leading constitutional scholar and practitioner, died this week.

At a symposium celebrating the bicentennial of the U.S. Constitution in 1987, Dellinger stated:

“We need to recall that the Constitutional Convention was an event whose immediate success rested in part upon one literally unspeakable compromise of principle.”

He was referring, of course, to the continuation of slavery.

If Dellinger said that today, in certain Republican-governed states, would he be in violation of the law?

Creative funding

“These are creative ways to fund the law,” said a witness in support of my two bills.

As you may recall, the General Assembly enacted legislation last year providing access to counsel for tenants in rent court.

The companion bill to pay for those attorneys died in the final hour of the session.

Today was the hearing on the two bills I’ve introduced to provide some of that funding.

House Bill 712 would require the Governor to use the maximum amount permitted of federal rental assistance money for this purpose.

I asked one of our budget analysts how best to do this.

House Bill 571 would require that money received from a violation of the housing provisions of Maryland’s Consumer Protection Act also be used for this purpose.

Attorney General Brian Frosh sued Westminster Properties under that act.  An administrative law judge found that the company’s violations were “widespread and numerous.”  A final order is pending.

I sponsored the bills that created special funds for the money Maryland received from legal  settlements with the tobacco and opioid industries.

My bills may be creative.  They are also based on precedent.

Sunday voting may not be too close anymore

This is not the first time I’ve introduced a bill requiring early voting on Sunday – two days before Election Day.

The objection that killed my legislation – the voter registration books [pollbooks] for hundreds of precincts can’t be updated in the 36 hours between the closing of the polls on Sunday and reopening them on Tuesday.

Technology and perhaps politics may have changed.

This is what key witnesses said at today’s bill hearing.

A representative for the Maryland Association of Election Officials stated, “[As for] the number of days, we will do whatever the General Assembly wants.  Our concern is just that technical component of how the electronic pollbooks function between Election Day and early voting.  I would defer that technical component to the State Board of Elections, because we follow their procedures.”

The representative for the State Board responded, “I would say that, yes, if the days shift we would make sure that the voters were aware of this….I don’t know if there are any technical concerns that we need to address with the new pollbooks or not due to this legislation, but I can find out and check with you on that.”

Now it’s up to me to follow up with the key legislators.

I’ve already begun to do that.

A Pack of Witnesses

An advocate and I were discussing who should come to the “virtual” witness table with me.

The four of us would testify together – before questions are asked about the bill.

I wanted someone who is an expert on the issue my bill addresses.

I don’t want to be asked a question and have to respond by saying a witness who has yet to testify can answer that question better than I can.

Then I thought of another reason to have a witness “beside” me in the first group.

A lobbyist who frequently opposes my legislation had told me that one of his clients supported this bill.

Highlighting his support would be the equivalent of man bites dog.

Very good signs

Today is the Bill Introduction Guarantee Date.

Translated into English: If you introduced your bill by 5:00 this evening, you’re guaranteed a hearing.

However, you’re not guaranteed a vote by the committee that’s hearing your bill.

I’ve introduced 24 bills.

Nine have had hearings.

One will be voted on tomorrow – a very good sign.

I texted a committee chair about another.  The response: “I think I’m good on the policy.”  Also very good.

Another committee chair agreed to my suggestion that I draft amendments to one of my bills.

There are work groups on two of my bills.  I’m a participant in one of them.  All positive.

Plus, a former student, now a member of the legislature’s professional staff, reminded me this week of something I said in class more than once:

“Your name doesn’t have to be first on the bill, as long as you can justifiably tell your constituents that you played a part in accomplishing something.”

Nothing concentrates the mind…

At one meeting today, I thought, but did not say, that if our discussions failed to bring about the desired result this session, I could introduce a stronger bill next year.

That, of course, assumes that the voters of the 41st District will elect me to another four-year term.

I am not leaving that result to chance.

During another discussion this morning, I told a constituent that having our bill heard in Annapolis may prompt the people affected by it to be more responsive to our concerns than they would be if there was no bill.

Put another way, nothing concentrates the mind like a bill hearing.

Truly legitimate political discourse

My witnesses wrote my oral testimony.

Maryland law already makes it a crime to obstruct or impede the administration of justice in a state court by threat, force, or corrupt means.

Prompted by the mob that attacked the Congress on January 6, I introduced House Bill 427 to extend that law to the executive and legislative branches.

The Maryland State Bar Associated wrote that free speech or civil disobedience would be unaffected because a threat of force or other corrupt means would be required.

Truly legitimate political discourse would not be criminalized.

The Maryland State Prosecutor referenced the federal criminal law that covers all three branches.

The Maryland Association of Counties proposed an amendment to broaden the bill to all three branches of county government.

I made each of these points when I testified before the House Judiciary Committee this afternoon.

I will make these arguments again when I lobby the members of the committee.

A Cosponsorship that’s worth a screen grab

Asking people to cosponsor your bill is the biggest waste of time in Annapolis – except when it isn’t.

Lots of cosponsors aren’t as valuable as one or two people who are leaders on the committee that will decide the fate of your legislation.

They will be in the room where it happens.

Today, Delegate Ariana Kelly asked me to cosponsor the Abortion Care Access Act.

The other cosponsors are all senior members of the Health and Government Operations Committee.

I also took pictures of my signing the bill.

Why such a big deal?

I sent the screen grab to Aunt Margie.  Thirty one years ago, at her 60th birthday party, she told her friends that I would be a floor leader when we passed the bill enacting the holding of Roe v. Wade.

We did it the next day.

I also sent the photo to Rachel, my niece.

In 1991, she was six years old.  Now she’s the mother of two girls.

Both Sides Now – Or Later

All of the parties will be virtually meeting next Wednesday to discuss one of my bills.

(I decided not to say “all sides will be virtually meeting.”  Unlike some of my bills, the differences are not that great or longstanding.)

I was asked if I wanted to join the group.

My response: my staff can represent me at the first meeting.

If a second meeting is needed, that’s when I’ll be there.

Another of my bills would make it a crime to obstruct a proceeding of the executive or legislative branch of state government.

It’s already a crime to obstruct a proceeding of the judiciary.

Unsolicited, two organizations have told me that they will support the bill.

Today, I spoke with someone who was concerned that the bill would be wrongly applied to legitimate protest.

I didn’t try to reconcile those differences.

I’ll wait for Tuesday’s bill hearing.

A Very Friendly Amendment

If your amendment is adopted, you’re expected to vote for the bill.

I was told that early on in Annapolis.

Several years ago, my Republican friend Delegate Chris Shank modified that rule.

“If our amendment is adopted, we won’t speak against the bill on the floor,” Chris told me.

Unspoken was whether the bill would be discussed on the campaign trail.

My subcommittee met this morning.

Delegate Kathy Szeliga offered an amendment to a bill that she had opposed.

Her amendment was adopted.  Then she voted for the bill.

It just happened.

I will thank her for doing so.

As Grandma would say, “I was raised properly.”

  • My Key Issues:

  • Pimlico and The Preakness
  • Our Neighborhoods
  • Pre-Kindergarten
  • Lead Paint Poisoning