A Buck From Ehrlich: Is It Legal?

Dollars in Letters to His Donors Draw Scrutiny

By John Wagner
Washington Post

Saturday, September 30, 2006

It is a time-tested technique when marketing through the mail: Include a crisp dollar bill, and you’re certain to get someone’s attention.

But what if the marketer is a candidate for governor and he’s sending money to Maryland voters?

The State Board of Elections was reviewing the legality of the tactic yesterday after receiving an anonymous complaint about a fundraising solicitation from Gov. Robert L. Ehrlich Jr. (R) that includes a dollar bill.

Depending on what officials conclude, the case could be sent to the state prosecutor’s office, said Jared DeMarinis, director of the board’s candidacy and campaign finance division.

“This is the most important letter I have ever written to you,” Ehrlich wrote in the letter to contributors mailed this week. “That’s why I’ve taken the extraordinary step of sending you a real dollar bill. . . . I don’t expect you to keep this dollar. I’m asking that you return this dollar along with a contribution of $25 or more.”

An Ehrlich spokeswoman said the campaign used the technique four years ago to great effect—and no complaints. “If there’s an issue here, it’s four years too late,” Shareese DeLeaver, the spokeswoman, said.

DeMarinis said the letter raises “multiple issues.”

Under Maryland law, it is clearly illegal for candidates to give people money to garner their vote. The propriety of what Ehrlich did is less clear, he said.

The law also requires campaign expenditures to be made by check. This involves cash and would seem to qualify as an expenditure, DeMarinis said.

Both violations carry the potential of fines and prison time—the latter of which seems quite unlikely, according to those involved. DeMarinis said the state attorney general’s office is assisting with his inquiry.

DeLeaver dismissed the concerns as “ridiculous.” She would not say how many dollar bills Ehrlich had put in the mail but said the letter went only to “active donors,” whom she characterized as “folks who are most likely to have a proclivity to vote for Bob Ehrlich in the first place.”

DeLeaver also rejected the notion that dollar bills could influence election results. “We would like to think that voters think their vote is worth more than dollar,” she said.

Ehrlich, who is being challenged for reelection by Baltimore Mayor Martin O’Malley (D), wrote in the letter that his campaigns needs immediate help from donors.

“Time is running out, and my campaign war chest is quickly evaporating as we buy advertising and expand our voter outreach efforts across the state,” he wrote.

As of Aug. 25, Ehrlich and his running mate reported having nearly $8.6 million in the bank, compared with the O’Malley ticket’s roughly $4.6 million.

“We understand that the Ehrlich campaign has reached the point of desperation, but this is a little much,” O’Malley spokesman Rick Abbruzzese said upon learning of the governor’s solicitation. “Still, I hope I get one in the mail. I’d keep the dollar.”

© 2006 The Washington Post Company

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