WBAL-A-OK: Ehrlich show not a campaign contribution, AG says
The Kendel and Bob Ehrlich show, which airs for two hours each Saturday morning on WBAL radio, should not be considered a campaign contribution, the Maryland Attorney General's Office said in a letter released this morning.
The letter came as advice to the State Board of Elections, after the Maryland Democratic Party complained to the board that the show is essentially an in-kind campaign contribution from the station to Republican former Gov. Robert L. Ehrlich Jr., who is trying to reclaim the governor's office from Democratic Gov. Martin O'Malley.
In an 11-page letter to Elections Administrator Linda H. Lamone, Assistant Attorney General Jeffrey L. Darsie advises the elections board not to "analyze the broadcast of a candidate's political remarks as a possible in-kind contribution."
"In general, state efforts to regulate media appearances by a candidate, potential candidate or others through a state's campaign finance laws raises significant First Amendment concerns," the assistant attorney general wrote. "This is true even where the person appearing has some practical control over the content of the broadcast, including as host."
Ehrlich has said he plans to stay on the air until he officially files his candidacy with the elections board in July, at which time his wife, Kendel, might take over full hosting duties. The radio station said it vetted the legality of the Ehrlich show with lawyers before determining he could continue. The station, which has carried the Ehrlich show since 2007, also said it has offered equal time to O'Malley for years now.
Democrats responded quickly to the attorney general's letter. Party Chairwoman Susan Turnbull said Ehrlich is "exploiting a technicality in the law."
"Today's opinion is not surprising given that Bob Ehrlich is using a loophole in the law to keep his talk show on WBAL-radio," Turnbull said in a statement.
The Democratic Party also has complained that Ehrlich's employer, the law firm Womble Carlyle Sandridge & Rice, is giving Ehrlich in-kind campaign contributions in the form of firm employees and a de facto headquarters in Baltimore.
An attorney for Ehrlich said the firm's actions should not be analyzed because Ehrlich is not an official gubernatorial candidate in the eyes of the law. He becomes one only after filing his candidacy paperwork with the elections board, the attorney said. The Board of Elections has sought the attorney general's advice on that issue, too, and is awaiting a response.








Comments
Is there an addy available so I can send Susan Turnbull some tissues?
The Democrats are crying already and it is only May!
Posted by: jay | May 24, 2010 12:01 PM
Why are the Dems giving Bobby Smooth the time of day right now? O'Malley is up in the polls; Ehrlich has no money; and the Democratic machine in this state is as well oiled as ever. The Bobster is a long shot at best. So, why risk giving him good press like this? I don't get it. WBAL caters to Rand Paul wannabes. Does anyone really think this little radio show makes a difference? Let him rant on BAL all he wants!
Posted by: Rick | May 24, 2010 12:06 PM
So now all you haters can apologize to the Governor!
Posted by: Anonymous | May 24, 2010 12:06 PM
I wonder if Susan Turnbull would consider Gov MOM sending out emails , several times a week, telling us what a great governor he is, as "exploiting a technicality in the law". These emails are from the Gov's office - sent at taxpayer expense. They are nothing more than campaign literature. In the past few years he would sent one every few months. Now it's several each week.
In MOM's elegant words- Susan "Stop Already" complaining about the former Gov and ask MOM to start acting like an adult.
Posted by: Don | May 24, 2010 12:45 PM
Isn't anyone going to sue the "Friends of Martin O'Malley" ad for slander regarding their lies about Ehrlich and the purported deficits "greater than Glendening or O'Malley?"
Posted by: JimmyDaGeek | May 24, 2010 12:46 PM
Dear Party Chairwoman Susan Turnbull,
You stated Ehrlich is "exploiting a technicality in the law."
Would you like a little cheese with that whine of yours?
Look Suzy - The law's the law.
If you don't like the law – get your cronies in Annapolis to change it so only your democratic buddies can do what Ehrlich is doing. The station (WBAL) has said it has offered equal time to O'Malley for years now.
I guess a liberal point of view doesn’t go over very well when all you hear is tax and spend – tax and spend…
As an independent conservative – I believe in the peaceful and constitutional overthrow of this government! Before you start yelling – I said - PEACEFUL AND I SAID -CONSTITUTIONAL.
The Annapolis tax and spend philosophy will come to an end sooner than later. Your days are numbers.
To the Citizens of Maryland,
You have been brainwashed into thinking that the government can do everything for you. It ain’t gonna happen! Career politians could care less about you. They have one thing on their tiny little minds to get elected - re-elected and re-elected again.
Remember what PT Barnum said “There’s a sucker born every minute…”
Posted by: Concerned Citizen | May 24, 2010 12:48 PM
The democrats have been running thios state for 100 years. Do you like the govt you have? Do you like the state of the state?
Posted by: lihp | May 24, 2010 1:00 PM
Good news. WBAL won't have declare Ehrlich's radio show as a contribution to the O'Malley campaign. Bob and Ken can continue to make a horse's rear end of themselves by catering to the Jeffs and Judys of HSM.
Posted by: John | May 24, 2010 1:19 PM
Good news, after we have all bent over and taken the tax hicks we now have the ability to vote O'Malley out of office. Unless that is we enjoy the never ending tax hikes he has brought on.
Posted by: Phillip | May 24, 2010 1:34 PM
ahh the first amendment. that pesky little technicality in the law.
Posted by: Tully | May 24, 2010 1:36 PM
Shouldn't MOM call for the AG's resignation since his office issued an opinion he doesn't like.
Oh, that's right, that is the Republican response.
Posted by: brian in bel air | May 24, 2010 1:42 PM
I had no idea the First Amendment was considered a "loophole."
Posted by: yourboy | May 24, 2010 2:03 PM
Yeah.....and the AG also said all the pro-O'Malley propaganda that the Baltimore Sun provides is illegal....
Posted by: perceptions | May 24, 2010 2:06 PM
Boo hoo. I am playing depressing violin music as I write this for effect. The boy pretender should man up and take WBAL's offer. Suck it up and do a show or quit the crying.
Posted by: Den | May 24, 2010 2:21 PM
Now this ruling makes even more sense.
In Balt Co a man had to remove an Ehrlich campaign sign BECAUSE HE IS NOT AN OFFICIAL CANDIDATE!
http://www.explorebaltimorecounty.com/blog/politics/567/second-campaign-sign-citation-issued-because-ehrlich-wasnt-a-candidate/
Posted by: Anonymous | May 24, 2010 2:54 PM
nothing bobby bad haircut does matters. Baltimore City....P.g.County...Montgomery county. O'Malley Wins bobby badhaircut comes in 2nd again.....GAME OVER
Posted by: jack | May 24, 2010 3:12 PM
Ehrlich and O'Malley are both corrupt and neither one is interested in being Governor for the right reasons. I'm either voting for Murphy or no one.
Posted by: bellefontegirl47 | May 24, 2010 3:49 PM
Gansler writes in his opinion "Greater scrutiny may be appropriate during the period immediately preceding the election when both the temptation to abuse and the potential fro harm are at their greatest. See e.g. Citizens United v. Federal Election Comm'n."
Very odd. Citizens United WON that suit in SCOTUS just a few months ago.
Posted by: Anonymous | May 24, 2010 4:29 PM
Speaking of exploiting a loophole... what does Turnbull think the MDDems big fundraiser is where 'big donors' are seated with O'Malley/Miller/Busch/Cardin/Mikulski and donors who have already exceeded their donation levels?
PS--Why was Rick Abbruzzese responding to the Ehrlich campaign as Press Secretary to Gov. O'Malley?
(From Julie: Rick Abbruzzese is now spokesman for the O'Malley campaign. He left his state job.)
Posted by: JoAnn | May 24, 2010 8:12 PM
This is interesting because just yesterday I tuned into WBAL and caught a talk show that included Bruce Elliott, Peter Schmuck and some others. I thought it should have carried the disclaimer, "Brought to you by friends of Bob Ehrlich" because the whole thing was a love-fest for Bob and a bashing of O'Malley. It distresses me that the most powerful AM station in the area is so brazenly pro-Ehrlich .. or pro anyone for that matter.
Posted by: jon | May 24, 2010 8:46 PM
Susan Turnbull claims that Ehrlich is "exploiting a loophole in the law". Given that the Democrats have been in control of Maryland for many decades, they are responsible for the laws they have passed.
If there is a problem, it is a self-inflicted wound and Ms. Turnbull should be blaming the Democrats rather than whining about what Ehrlich is doing.
The Attorney General is on record stating that Ehrlich is in compliance with the law. Get over it.
Posted by: John Josselyn | May 25, 2010 10:39 AM
Regardless of the FCC violation, shouldn't Ehrlich be prevent from asking for money for his candidacy if he isn't a legitimate "candidate?"
Posted by: JackT | May 25, 2010 6:51 PM