The ‘pay-to-play’ report hits the streets

Back when Change Maryland released the first teaser for this pay-to-play report sent out to media outlets today, I guessed that the release would precede the official announcement of Larry Hogan’s intentions by a couple days, in order to extend the news cycle surrounding hie entry into the race. But instead it came out today, just two days before the beginning of the General Assembly session and nowhere near Hogan’s yet-to-be-scheduled formal announcement.

And honestly, aside from the documentation of what Change Maryland terms a “deliberate, coordinated effort by this administration to to circumvent the intent of the law” and the influence it bought, the 15-page report on “alleged unethical relationships” begs the question: what can we do about it? Their lone attempt to address the situation notes:

Job creators looking to establish their business in the mid-Atlantic region want a stable and predictable business climate. They want to conduct their business without the heavy hand of politicians shaking them down for hundreds of thousands in ethically questionable political donations.

For the sake of transparency and good governance, we believe these allegations seriously warrant further investigation.

All this is correct as far as it goes, but probably the earliest we could have some sort of formal investigation would be 2015, after O’Malley is safely out of office – and only if a Republican wins the governorship. Even then, the cacophany of “this is just old news, nothing to see here, let’s just move forward” will be shrill coming from the current majority party.

On the other hand, I will say I got a little more direction from Hogan’s remarks accompanying the release of the document.

Our research reveals a disturbing pattern from this administration that is at the very least unethical and inappropriate. The people of Maryland deserve to know the truth about these donations and the state decisions that may have been influenced. Did the Governor solicit large contributions to help further his national aspirations and reward those donors with huge state contracts and favorable decisions?

Allowing a ‘pay-to-play’ culture of corruption to take a stronghold in our state government threatens every business and individual in Maryland. Even the perception of this practice prevents an honest and fair bidding process for all job creators who may wish to contract with the state. It allows complicit politicians to hijack millions, and even billions in taxpayer dollars that could serve a greater purpose, both in the government and in the wallets of struggling Maryland families.

Unfortunately, this culture of corruption is enabled when you have a political monopoly with no checks and balances. For almost eight years, this administration has run amuck without any accountability, and it’s Maryland’s working families who have paid the price. This is just the tip of the iceberg – we believe these allegations seriously warrant further investigation. (Emphasis mine.)

Hey, now there’s something to sink our teeth into! It seems some other party used the “culture of corruption” mantra to take over Congress after 12 years of minority status, so why can’t Republicans try and chip into 150 years of being on the losing side in this state? It can’t hurt.

The trick will be explaining just how this affects the average Marylander who knows instinctively that the state’s machine politics is rife with decay and corruption, but feels powerless to affect it. I’m just one vote, he may say.

That’s not necessarily true, though. When I get e-mail from the 9-12 Delaware Patriots, it ends with the tagline “you are not just one, you are one more.” If Change Maryland really has 73,000 activists who are clamoring for an end to the pay-to-play mentality in this state, the issue will be there for 2014. It will be up to candidate Larry Hogan to show leadership in the direction he wants to take us.

It’s far past time to clean up the state and end the Maryland culture of corruption.

More of the same

I let this go by in the midst of my series looking forward at 2014, but on Monday Change Maryland released yet another in a series of Chinese water torture-style droplets of allegations on Maryland’s “pay-to-play” political patronage system. $650,000 in contributions to a governor for a $4 million contract is a pretty good return on investment in anyone’s book.

There’s no doubt kudos are due to Change Maryland for finding and releasing this information, but my serious question is simple: how would they do things differently?

Listen, political corruption is not something restricted to Democrats in Maryland, although they seem to enjoy finding new methods to perfect the art. Give certain people the authority and lack of oversight to flout the rules and those certain people will be quick to slide their grimy fingers into the pie. I think that has less to do with the political party in power than it does a political philosophy, since there are likely a number of scoundrels inhabiting the Republican-controlled states of Oklahoma, Texas, Utah, and so forth who are in the party just for the access to power it has.

I think people – for the most part – understand and agree these allegations are just the tip of the iceberg of a much larger problem endemic in Maryland and across the country. But what I’m missing here is Change Maryland’s prescribed solution, for it may take many forms, with the most likely cure coming from the aspect of campaign finance reforms. Sure, these may be necessary – but are they the real solution?

The problem to me isn’t in the health care exchanges, the bidding process for state contracts, or within any of the several other contributions noted by Change Maryland over the last couple weeks. It’s not even the “healthy and competitive two-party system” Hogan was quoted as wishing for during a previous release. I think it’s the very existence of a huge pot of money in Annapolis called the state government, an entity which has become so vastly bloated and too powerful for our own good. Shrink the size and scope of government and there’s less incentive to “pay-to-play.” I’m surprised Change Maryland is overlooking this simple solution, unless the idea is just to change the list of cronies benefitting – I damn sure hope for better than that out of a Hogan administration.

I would feel somewhat more comfortable that ne’er-do-wells would be less tempted by a $27 billion budget than a $37 billion one. There’s no way the state of Maryland, doing its legitimate functions, can subsist on no money at all but trimming back to essential functions is a first step in the cleanup process, long before any restrictions on campaign finance take hold. That’s a good way to change Maryland.

A look ahead: 2014 in Maryland

Yesterday I looked at how 2014 looks in Wicomico County, but much – too much, as I see it – of their decision-making is truly made in Annapolis. And with current governor Martin O’Malley attempting to burnish his credentials for a position inside Hillary Clinton’s administration – oh wait, he’s supposedly running himself, isn’t he? – it’s important to him that he establish himself with the progressive crowd.

What this means for us is that no tax increase is off the table, but it’s more likely we will see renewed efforts at green energy, gun control, and salvaging the failed Obamacare rollout in Maryland – but if worse comes to worse, it’s Anthony Brown who will be thrown under the bus. In the decision between a Maryland legacy and a White House bid, well, no lieutenant governor has succeeded his boss anyway.

Brown is probably the conventional wisdom favorite to succeed O’Malley and become Maryland’s first black governor; of course there are other main contenders on both sides. Attorney General Doug Gansler seems to be the Democrats’ backup plan but has endured a rocky start to his campaign; meanwhile Delegate Heather Mizeur seems to be the one establishing a number of truly far-left issues in the campaign – witness her idea for marijuana legalization.

On the Republican side, three top contenders seem to be out to appeal most to the conservative crowd, with a fourth joining the field in January. Harford County Executive David Craig obviously has the most well-rounded political resume, but Delegate Ron George represents a more populous area around Annapolis. Charles Lollar is running the most populist campaign, but he may receive a run for his money once the social media-savvy Larry Hogan formally enters the race next month. His Change Maryland Facebook page claims over 70,000 supporters of all political stripes – in a four-way Republican race, 70,000 votes might be enough.

There are only two other statewide races this year, since there’s no Senate race this cycle. With Attorney General Gansler abandoning his post to try for governor, there are four Democratic members of the General Assembly out to succeed him – Aisha Braveboy, Jon Cardin, Bill Frick, and Brian Frosh all seek the seat, and all but Cardin have officially filed. No one has yet filed on the GOP side, but 2012 U.S. Senate candidate Richard Douglas seems to be leaning toward a run, allowing the Republicans to avoid the ignominy of whiffing on a statewide race for the second cycle in a row.

Things are shaping up as a rematch of 2010 in the Comptroller’s race, as Republican William Campbell is again challenging incumbent Peter Franchot.

With so many members of the General Assembly attempting to move up to higher offices, it creates a cascading effect in the various General Assembly races. While the GOP is probably not going to see a General Assembly majority in the 2015-18 cycle – and has the headwind of being redistricted in such a manner to try and cut their minority – being on the wrong side of a lot of issues may make it tricky for Democrats to not lose seats. Republicans have a goal of picking up seven Senate seats, giving them 19 and allowing them to filibuster, and wouldn’t be unhappy with picking up the four House seats required to possibly bypass committee votes on key issues.

As I noted above, though, the key issues will be revealed once O’Malley introduces his legislative package to the General Assembly in mid-January, shortly before his annual State of the State address. Last year he got his gas tax increase to build the Red Line and Purple Line, authorization for offshore wind, and his onerous gun restrictions in the wake of the Sandy Hook tragedy, so this year’s agenda will probably pivot back to measures he believes will help the state’s economy but in reality will probably redistribute even more wealth from the productive to the slothful, growing government at an even faster pace. Many of those dollars will address perceived shortcomings in education and health care.

That seems to be how O’Malley’s last package of revenue enhancements has worked, because the state once again is facing a structural deficit despite rosy predictions to the contrary. Old chestnuts like increasing the cigarette tax or combined reporting of business income will probably jostle for primary position with new initiatives like a mileage tax, additional penalties for cell phone usage, or a higher toll for being caught by speed cameras.

It’s somewhat difficult to predict the direction of the General Assembly before it begins, as items not on the radar in early January become bills introduced late in the session, some of which pass muster. The gasoline tax in its adopted form was one of those last year, since conventional wisdom predicted a straight per-gallon increase rather than the adoption of a partial sales tax which will increase regularly. Another dynamic which will affect timing is having the filing deadline for the 2014 ballot come during session – surely some will wait and see what their path to re-election looks like before introducing certain controversial bills. In previous elections the filing deadline occurred well after the session was over.

Once we get beyond the session in April, the primary campaign will ramp up immediately because of the new experience of a June primary. The Democrats tried to change this eight years ago, fearing a bruising primary fight between Doug Duncan and Martin O’Malley, but succeeded this time because of changes in federal law requiring longer lead times for overseas military voters. Instead of pushing the primary back a couple weeks to comply, though, they decided on a full 2 1/2 months.

At this point there are three main contenders on the Democratic side, and I think that number will stay the same – my thought is either Dutch Ruppersberger will pass up the race (more likely) or, if Dutch gets in, the damaged goods of Doug Gansler will drop out. Obviously there will be more than three on the ballot but some fall under the auspices of perennial candidates who I think are just working on that line in their obituary where it says so-and-so ran for governor five times.

For the GOP, the same is true. In their case, I don’t think there’s enough money out there for four main contenders and whoever raised the least in 2013 is probably the one who exits the race after Larry Hogan makes it formal. In Hogan’s 2010 gubernatorial bid he lent his campaign $325,000 so presumably Hogan has the personal wherewithal to use as seed money; perhaps the dropout will agree to be the running mate of another contender.

It’s interesting, though, that the problems Maryland faces – at least the ones not of their own making, a category in which I’d include the overregulation of local county and municipal governments – are very similar to those faced right here in Wicomico County. Maryland has the “benefit” of being the host state for thousands of federal government worker bees, but little industry to speak of. It’s notable the campaigns are now paying lip service to the concept of re-establishing a manufacturing base, but the process will take at least a couple terms of office and will certainly be at odds with the stated goals of some among the Radical Green who desire a pristine Chesapeake Bay. Development and a reasonably clean Bay can co-exist, but if you want circa-1600 conditions that won’t happen.

And because there are so many who depend on government for their livelihood as workers – or survival as dependents – the concept of “One Maryland” is laughable on its face. The needs of Baltimore City or Somerset County residents don’t often coincide with the desires of your average denizen of Takoma Park or Chevy Chase, but supposedly they are all “One Maryland.” I think there are at least four Marylands – the energy-rich areas of the state’s panhandle, the I-95/I-270 corridors stretching from Harford County on the north to the Beltway suburbs hard by the District of Columbia and back towards Frederick, the bedroom suburbs of southern Maryland which are rapidly changing in political posture, and the Eastern Shore, where agriculture and tourism coexist, but in an occasional state of hostility. One can’t even say that their needs are similar because jobs are plentiful around D.C. but tougher to come by on the Eastern Shore and in Baltimore proper.

It’s not likely one man (or woman) can unite these areas, but the question is which coalitions will hold sway. Finding the right combination will be the key to success for the state in 2014.

More pay to play, the Martin O’Malley way

Damn, I can’t wait for this report to come out. Almost makes me wish Larry Hogan would drop this governor’s business and focus on getting more of this information out because too many will dismiss it as partisan opposition research:

Change Maryland has released new information that seems to reveal the appearance of a “pay-to-play” system within the O’Malley-Brown Administration where contractors received significant benefits from the state either before or after their donations to the Democratic Governors Association during Governor O’Malley’s tenure as its chairman.

“This additional data further suggests a disturbing pattern of behavior that, at the very least, is unethical and inappropriate,” said Larry Hogan, Chairman of Change Maryland. “I think the public has a right to know the truth about these practices. Did the governor and/or others in his administration solicit large contributions from contractors, then reciprocate by rewarding those donors with huge state contracts, contract extensions, or other special favors or decisions in return?” he added.

Obviously this has serious implications and gives the appearance of the potential for decisions being influenced by millions of dollars in “donations.” Recognizing the inappropriate and unethical nature of these relationships, state law currently prohibits state contractors from making contributions to an elected official’s campaign account. This evidence indicates the possibility of a deliberate, coordinated effort by this administration to circumvent the intent of the law by soliciting huge, unlimited contributions to a federal, rather than state, account.

The report released today by Change Maryland shows that healthcare services company Express Scripts received a $2.3 billion contract despite serious concerns about the company’s legal issues in Maryland and 28 other states. In 2008, the company paid over $9.3 billion in settlement costs to these states.

From March 2011 to February 2012, the Maryland Board of Public Works was deciding whether to approve the lucrative contract to Express Scripts to provide prescription drug services to state employees. In March 2011, two of the three members voted to postpone a decision out of concerns about the company’s legal issues and several flaws in the procurement process. Governor O’Malley was the lone vote to move forward with the contract.

During this same time, Medco – a company looking to merge with Express Scripts – donated a combined $225,000 to the DGA. In fact, their first contribution came just six days after Governor O’Malley cast the lone vote to move forward with the drug contract.

In late January 2012, the Board of Public Works again voted to delay the contract award, drawing significant criticism from Governor O’Malley at the time who complained about the endless delays. One month later, the BPW reversed course, awarding the contract to Express Scripts in a two to one vote. On March 27, 2012, Medco made their second and final donation to the DGA: $125,000. Medco and Express Scripts received final Federal Trade Commission (FTC) approval for their merger on April 2, 2012.

“Maryland’s working families deserve better from their elected leaders,” Hogan said. “This is what happens when you have an arrogant monopoly that feels they can get away with anything. What Maryland desperately needs is a healthy and competitive two party system, open and honest debate, and some real checks and balances to keep some of these outrageous abuses from taking place.”

In addition to this most recent research, Change Maryland released other questionable contributions from state contractors to the DGA.

Update: I was informed by a representative of Express Scripts that the correct settlement figure is $9.8 million (not billion.) This is incorrect in the original Change Maryland release, so I left the release as is and opted to clarify here.

Hogan’s group seems to be taking the Chinese water torture approach, leaking information on this report a drop at a time to both make the opposition wonder what else he’s got and keep up interest in the runup to the release.

This series seems to leave me torn as well. I’m an advocate for unfettered political contributions, even at the risk of these apparent pay-to-play contributions. But I also want full and relatively instant disclosure, and even though these are federal releases with a more aggressive reporting schedule than state accounts – at least in non-election years – there’s still a significant lag time involved.

The allegations also raise another embarrassing question: where was the state’s major media in reporting this? Didn’t anyone wonder why the vote changed? Certainly Comptroller Peter Franchot had his reasons for maintaining his vote against the issue; the vote which changed was treasurer Nancy Kopp – interesting, because hers is not an elected post. (The transcript of that meeting is painful to read because the state really seemed to drop the ball on a $2.3 billion contract, dropping a Maryland-based provider for the aforementioned Express Scripts.)

What I’m afraid of is that this Change Maryland report will be both the tip of the iceberg and dismissed as “old news” because Martin O’Malley isn’t running for anything in Maryland and Anthony Brown will escape culpability because Larry Hogan is now a political opponent instead of an honest broker.

We need to clean out the swamp, it’s true, but in order to clean it we have to secure the tools to do so first. I think it would also be a good idea for Change Maryland to reveal where it gets its funding, just to show leadership. That’s my two cents.

Preparing the shovels

One thing I’ve noticed in the rampup to Larry Hogan’s big announcement is a significantly increased tempo in media operations from Change Maryland, and the report released yesterday was more than just a little thorn in Martin O’Malley’s side – nope, this was more like a shiv stuck in there and twisted around a couple times. Sadly, pay for play may be considered business as usual in Maryland, but this also demonstrates that Martin O’Malley’s grandiose presidential dreams were cemented into place as the 2010 returns came in.

The always-quotable Hogan remarked:

Our preliminary research indicates a disturbing ‘pay to play’ pattern emerging from the O’Malley-Brown Administration where some DGA donors received a substantial, and increased, state benefits before and after making a contribution. Did the Governor solicit large contributions to help further his national aspirations and reward those donors with huge state contracts and/or implement policies that help them significantly?

Our initial research of DGA financial records is just the tip of the iceberg. It establishes a troubling trend which, when complete, may require a deeper investigation.

Could this investigation be a centerpiece of a Hogan administration? Perhaps, although having an Attorney General who won’t sweep this under the rug (i.e. a Democrat) would be of great assistance in this regard. I think Richard Douglas could sink his teeth into this one.

And while the allegations are against Martin O’Malley, whose Maryland electoral days are likely behind him, you have to wonder how much of these broad brushstrokes will tar Anthony Brown, the odds-on favorite for the Democratic nomination. And considering all this went on under the nose of Brown’s chief rival, Attorney General Doug Gansler, he may be in for a share of blame, too.

This obviously leads me to wonder about the timing of Change Maryland releasing its promised January report when you consider that Hogan’s announcement is also slated for sometime that month. My belief is that the report will come out just a day or two before the official announcement, giving Larry a longer news cycle to build momentum for his race.

But it also pushes me into thinking that the 2014 election could be one of the muddiest in Maryland history. We’ve already seen evidence of this in the internecine Democratic fighting between Brown and Gansler – interesting how the state trooper incident and underage drinking allegations came out at just the point when Gansler was beginning to get a little traction in the race.

So I got to wondering who was the one that went way back to 1992 and started the meme which Jeff Quinton reported on regarding Hogan’s position on abortion? (Update: As it turns out, it was Jeff himself. My mistake originally was in assuming he was fed the information, not realizing he has an extensive pro-life background.)

One has to take this in context, though: Hogan was running for a Congressional seat at the time (as opposed to a state office) and there was a ballot question regarding abortion law which was petitioned to referendum but handily kept in place by state voters at the time. (Question 6 of 1992 passed by a 62%-38% margin, and was the last referendum until 2012.) Being pro-choice was perhaps the safer electoral move at the time – besides, it took less than four years for Barack Obama to do an about-face on gay marriage so it’s possible Larry has gravitated to a more pro-life perspective in the last 22.

Of course Democrats know that the Republican base is primarily pro-life, so what better way to sow seeds of discord among a select group of GOP primary voters than to bring up the abortion issue? Frankly, that’s not a top-drawer concern for many voters, even in the GOP,  but that five percent who identify it as their key issue can make a difference in a multi-person primary. (Aside from the notion that Hogan favored keeping abortions legal, he’s right on the money about overturning Roe v. Wade and sending the issue to the states. It’s a battle best fought in Annapolis…and Dover, and Columbus, and Austin, and so forth.)

But if someone is digging that deep to find dirt about Larry Hogan, perhaps there’s something to the notion that we weren’t buried face-down as deep as some would have thought eight years ago. 2014 seems like a nice time to emerge.

Off by a couple days

Last week I said that Change Maryland may get to 70,000 Facebook friends by the end of the week; alas, I was apparently off by a couple days. Maybe it was the weekend ice storm which slowed them down, but Larry Hogan’s group eclipsed the mark earlier today. Here’s some of what the founder had to say:

The growth we’ve seen in the last few weeks is incredible. This further cements what we’ve been saying over the last two years: Marylanders, regardless of party, are ready to say enough is enough, and they’re ready to stand up together and fight back for a change.

When I started Change Maryland, my goal was to provide average Marylanders the chance to hold their elected officials accountable. I had no idea what kind of reaction we would get, so to say I am humbled by this amazing success would be an understatement, and I’d like to sincerely thank each and every person who has made this possible.

This campaign to Change Maryland has never been about Republicans vs. Democrats. It’s much more important than that. This is about all Marylanders and the future of our state. It’s about our children and grandchildren’s futures. It’s about all of us, working together to save the state that we love.

All that is great, and Larry’s group is undeniably one of the leaders in pointing out a number of flaws in the state’s current fiscal philosophy. But what I’m anxiously awaiting to find out is what prescriptions a Hogan adminstration would have to address the problems should he be fortunate enough to move into Government House thirteen months from now. We know all about the dozens and dozens of tax increases which have been placed into effect by Martin O’Malley and his (mostly) Democratic allies in the General Assembly; it’s a litany the release alluded to this afternoon:

The group has gained much attention for its various studies on the economic impact of the O’Malley-Brown Administration on the state, including a report detailing the 40 tax increases that have already taken $9.5 billion from the state economy and will take $20 billion by 2018. They also conducted the Tax Migration Study that showed 31,000 Marylanders leaving the state after the administration’s historic tax increases, taking with them an additional $1.7 billion.

But which ones would be the most likely to be set aside and which ones will be found to be necessary for maintaining a balanced budget in this state? And speaking of that end, what will Larry’s spending priorities be?

Obviously I don’t want to diminish the achievement of Change Maryland, which simply by its name has an image of reversing some of the state’s downward trend over the last seven years. But the question has to be asked about whether all 70,000 will be on board once Larry has to stop identifying the problems and begin to address them with a gubernatorial platform.

I’m not privy to his formal announcement date aside from being told it would be next month, but if Larry wanted to speak to some of the state’s leading conservative activists, he may want to consider having Change Maryland sponsor the Turning the Tides Conference on January 10-11 in Annapolis. That would be a great way for any candidate to consider showing off his or her conservative side.

The push for polls

On several occasions I’ve bemoaned the fact there are no polls in the Republican race, aside perhaps from internal polls not released to the public. It has given somewhat outsized importance to website-based polls such as the Red Maryland poll or the Red White Blue poll, neither of which are scientific. The same goes for a poll sponsored by the Gazette newspaper, which as I write this has Larry Hogan with a slight lead over Charles Lollar, with David Craig and Ron George trailing significantly; on the other hand, George has won the last two Red Maryland polls. The proof that the internet-based polling may be overblown is the amount of cajoling the candidates (or supporters) have done to solicit support, particularly in the Gazette poll since it’s a “reputable” news site.

  • David Craig on Facebook Monday: “Please take a moment to show your support by casting your vote for me in this online poll.”
  • Ron George on Facebook Monday: “Please take a moment to vote in today’s Capital Gazette online poll, ‘If the Republican primary were today, who would you vote for as the nominee for governor?'”
  • Larry Hogan on Facebook Monday (via Change Maryland): “First online poll since our Harvest Party with Change Maryland‘s founder and Chairman Larry Hogan in it. Please click on this link to cast your votes.”
  • Charles Lollar on Facebook Tuesday: “Good Morning Lollar Supporters! We are only a few points away from taking 1st place in this poll. Please vote for Chares Lollar, the only candidate that can win in the General Election. Vote from your computer, your work computer, your phone. Together WE can do this!”

That’s just one of several appeals, mainly from the Lollar and Hogan camps. But Larry is going one better, based on a newsletter I received yesterday:

Earn points by helping us Change Maryland by sharing our posts, by getting your friends involved, and by engaging in the conversation. Use your Change Maryland points towards getting Change Maryland stickers, T-shirts, hats and awesome polos!

I was thinking I already have the sticker, and as much as I’ve pimped the group over two years I could qualify for being clad head to toe. The group continues to add followers and may have 70,000 before the week is out. But the political world isn’t based on Facebook likes or easily-manipulated internet polls; the question is how real voters will really react when the ballots are cast in June.

As I have often pointed out, a poll such as the Red Maryland poll or Gazette poll simply is a basis of knowing how many people are in the devoted 1% of followers – consider that if you believed a number of internet polls, we would be talking about President Ron Paul right now. But in real life he rarely cracked double digits in any primary.

Regardless, this all means the gubernatorial race isn’t taking much of a holiday break.

Update: Steve Crim of Change Maryland alerted me to the fact this Change Maryland point promotion has been underway since June – I already have 116 points!

The impending announcement

Last night I spent the better part of a lengthy post discussing the Friday night fall harvest party and impending candidacy of Larry Hogan, expressing the sentiment that, while the party was nice, I’m sure a lot of people were expecting a more formal announcement.

But when looking into the mechanics of such a campaign I suppose I can see why this situation had to happen.

I know enough about campaign finance law to realize that Larry has to have an active account with the state Board of Elections before he can do any financial activity related to a gubernatorial campaign. His former account set up for the 2010 election was closed, so on Thursday when I checked he had no new account set up yet. The BoE is generally a few days behind so the possibility of a Friday setup was there.

But there will have to be a transition by Change Maryland as well. Because it’s a 527 organization, Change Maryland can’t advocate for Larry Hogan as a candidate without forming a PAC. According to the Summary Guide of Maryland campaign laws:

Other political committees not registered with either a state or with the FEC, i.e. 527 organizations or political clubs, may make contributions to a Maryland political committee. Additionally, they are not required to file any campaign finance reports or statements with the State Board.

However, if the political organization engages in campaign finance activity or express advocacy regarding a candidate for a State election, then the organization may be required to form as Maryland PAC.

Obviously Change Maryland can continue to function without Hogan, but as the public face of the organization going without Larry would make things a little more difficult. By pushing the announcement to January, the transition can be formalized, although I’m sure those plans were already in place some time ago.

And having Change Maryland as the vehicle for Hogan’s brand awareness presents some great advantages. As Larry pointed out in 2011 in Change Maryland’s early days, “it certainly wouldn’t hurt if I run.” As it stands, Larry can use Change Maryland in the same sort of fashion that Charles Lollar used his draft campaign – looking gubernatorial in one respect, but allowing himself to be coy when needed. As I said a month ago regarding Hogan’s Eastern Shore appearances:

Most people who are in the real estate business aren’t going to make a farm tour of the Eastern Shore. But if you’re seeking the Republican nomination for governor, it’s certain you will be talking to your base and that number includes a heaping helping of Eastern Shore hospitality.

Larry can make these trips – presumably on his own dime, although it’s possible Change Maryland paid for it (how would we know?) – but can also tell the Gazette he’s looking for the “perfect scenario” to enter the gubernatorial race or be critical of the budget in the Easton Star-Democrat without disclosing what he may do if elected. That’s the beauty of “being” Change Maryland.

The second advantage to waiting until January is that it will be possible to know just how well his three opponents, who have already filed and would have to turn in campaign finance reports to the state BoE by the middle of that month, are doing financially. In his 2010 run, Hogan was willing to drop $325,000 into his personal kitty so he could have that to fall back on as seed money.

Of course, there are a couple drawbacks to this strategy. One is that money and volunteers have a couple more months to accrue to other campaigns. But the other is the nagging perception of entitlement and unflattering comparison to Bob Ehrlich’s late entry to his doomed 2010 campaign, where he dithered for months on whether he would run, flirted with the notion of running for U.S. Senate, and finally announced just seven months before the election with just one barely-known opponent because Hogan had ceded the race a few months earlier.

Moreover, Hogan is the one candidate in the race with a direct connection to Ehrlich as his former Secretary of Appointments.

I suppose what makes this troubling for me is that we have less of a chance to vet Larry Hogan before the election next June. Certainly we can gather that he’ll be a fiscal hawk, but what about other issues like the Second Amendment, transferring power to local jurisdictions by reining in Annapolis bureaucrats, or dealing with federal mandates on education or Obamacare? Change Maryland has been a valuable resource in the fight against the O’Malley/Brown administration on the tax front, but when running for governor you need more than an one-note samba.

2013 Maryland GOP Fall Convention in pictures and text

I think I can get all this in one part. To be quite honest, this convention didn’t match the buildup.

It was sort of strange. I noted earlier in the week that the whole Lollar controversy in the blogosphere overshadowed the months-long debate over the open primary question, and then the prospect of a Larry Hogan gubernatorial announcement upstaged several other events.

These were the scenes around the main ballroom on Friday night after arrival.

There was no doubt that they were proud of their achievements.

And something tells me that most of these stickers were gone by the end of the night.

The Change Maryland party even had a live band, called the Great Escape Band. I noted on Facebook that may be something subliminal if Larry doesn’t win.

Aside from one song they sort of butchered up in my line of thinking, the band was really pretty good. They also reinforced my belief that there’s not a band which doesn’t know ‘Mustang Sally.’ Although he actually didn’t write the song Wilson Pickett must be proud, wherever he is.

But when they took their break, the real rock star came into the room.

What I have found interesting in looking back and listening again to what Larry said is that my interpretation is much different than what Larry presented to other outlets.

This, which I transcribed from the remarks he presented, is part of what Larry Hogan said last night:

Now everyone who knows me knows that I love this state, I hate to let people down, and that I’ve never walked away from a tough fight.

I’m not a professional politician – I’m just a businessman – but I don’t think that you need to be campaigning all throughout 2013 for an election that takes place at the end of 2014. But, you know, we are getting pretty close to the end of the year.

I promised my wife and family that I would spend a little quality time with them over the holidays, and I’m looking forward to that.

And as you may know I founded and run a group of companies that has brought hundreds of businesses and thousands of jobs to Maryland, and I promised the employees and my colleagues that I would stay at the helm and continue to work hard with them to try to have a strong finish to the calendar year.

So there won’t be a formal announcement or an official launch until January, but tonight – tonight I wanted to be very clear about our intentions.

I happen to believe very strongly that the people of Maryland simply cannot afford another four years of O’Malley/Brown/Gansler tax and spend policies.

Hogan went on to say, “This isn’t a fight between right and left, it’s a fight between right and wrong.

I honestly believe people went in there expecting Larry to make the formal announcement last night, so once he made his remarks a good percentage of the people left his party.

Of course, Hogan’s wasn’t the only party. Before I stopped by the Change Maryland event, I dropped in to Ron George’s suite which featured this.

I had one other photo which, alas, didn’t come out. Ron actually had a pretty lively thing going early on.

Just downstairs from Ron was David Craig’s suite. The candidate wasn’t there because he was at the RGA meeting in Arizona, but David had a lovely second-in-command to take his place.

LG hopeful Jeannie Haddaway-Riccio held down the fort. It’s worth noting they had pretty good traffic.

They also have a slew of printed material. I suppose you can cut out the Craig part if you really share the sentiment.

Instead of a suite, fellow candidate Charles Lollar (who was also in Arizona at the RGA) had a lobby table.

On the table, among the other handouts, was a letter explaining his absence, which read in part:

Unfortunately, this means I will miss the opportunity on Friday evening to meet with you, answer your questions, and tour the hospitality suites, but I look forward to joining everyone on Saturday to share my plans for returning prosperity to Maryland.

One place Charles may have found himself welcome was the Maryland Liberty PAC suite, which was all by itself on the other end of the building. Despite that, they had a lively group.

Alas, I think I missed this presentation.

The other suites were county suites from Montgomery and Anne Arundel counties. This photo was of the Anne Arundel suite, which by the way had the best food.

But it seemed like a lot of the air was sucked out of the celebrations early, with most of the parties finished before the clock struck 12. That’s when I took to Facebook and wrote:

So my thoughts on day 1 as I head to bed:

I’m sure I’m not the only one scratching my head over Larry Hogan and his decision to wait to announce his intentions until January. The chatter around the convention seemed, well, less than positive. He had 1,000 supporters in a festive mood and plenty of press only to cite family and business as reason to wait.

There were a number of good parties about, though, and I renewed acquaintances with a number of friends and fans. But pardon me if tomorrow seems a little less exciting.

I think I’ll have some more thoughts on all this tomorrow, but allow me to move on. They probably won’t be in line with the thoughts of these gentlemen: from left to right, Jeff Quinton of The Quinton Report and Greg Kline, Mark Newgent, and Andrew Langer of the Red Maryland Network.

And no, I was not on their show last night. Wasn’t sought out and didn’t seek them out – gave some others a chance.

This is what I saw looking out the window this morning.

So when I woke up, I was at least expecting to deal with this lengthy issue regarding open primaries – finally, a chance to decide. Wrong!

I suppose I should back up and point out that I did not cover the Friday evening Executive Committee meeting as I usually do. There were a couple reasons for this, but the primary one is that I was the escort for a good friend of mine who was the lucky recipient of my second Change Maryland ticket. But had I done so I may have found out that open primaries wouldn’t be discussed. Nor did I do breakfast this time, because the speaker didn’t appeal to me.

So the first (and only) Saturday event I attended was our combination lunch and session.

Let me say that I thought having the lunch and session as we did was a splendid idea, with the key reasons being we didn’t have to get settled in after lunch in a different venue and the fact we could sit at tables – no more balancing my note pad on my lap.

First we heard welcoming remarks by Anne Arundel County Executive Laura Neuman.

Yes, the photo is dark. But Laura had an intriguing story of being an MBA without being a high school graduate. Her remarks reflected a philosophy which said “over and over, if I worked hard, opportunity would be available to me.”

“My story could only happen in this country,” she added. “That’s why I’m a Republican.” She expressed the belief that hard work should equal opportunity.

Our luncheon speakers both came from the RNC.

Kristal Quarker-Hartsfield is the director of African-American Initiatives whose family “has been Republican since Reconstruction.” Her task was to spread the Republican message to areas not typically reached by the party, including black churches, historically black colleges and universities, and so forth. She added that Reince Priebus was “serious about going into these communities and doing things the right way.”

Meanwhile, Stephen Fong noted there’s “a good mix of people” here, and talked about the GOP’s renewed emphasis on minority communities. He made the case that many blacks would “consider” voting Republican if we were “just showing up.”

There was a buzz about the next speaker as well.

Described by Chair Diana Waterman as the future of the party, Annapolis Mayor-elect Mike Pantelides briefly outlined some of his secrets to success, particularly in social media. (The Twitter debate seems like a good way to promote brevity of remarks.)

With that out of the way, we rolled through some convention business so routine I snapped this on the Allegany County sign.

I guess the one interesting part was the complaint that the minutes didn’t reflect a resolution which was on the spring agenda but not brought up – the Tari Moore resolution tabled a year ago. But parliamentary procedure showed it was dead once the gavel fell in April.

So we moved on to State Senator David Brinkley’s report on the Senate, where we have a “tremendous field of candidates.” He made sure to mention that if Anthony Brown thought he’d have a coronation, he should have a cup of coffee with Kathleen Kennedy Townsend.

Brinkley bemoaned the economic state of the state, making the case that job creators are “voting with their feet” and “anyplace south of the Potomac is friendlier (to business) than Maryland.” If we want more manufacturing jobs, Brinkley added, “right-to-work has to be one of the conversations.”

Overall, David believed that “even the Democrats are disgusted with the games and gamesmanship.” All we need are candidates who are conversant with the issues.

On the House side, Delegate Kathy Szeliga was kind enough to pass out her report, which highlighted many of the measures to be considered in next year’s session. It’s a list which includes tax cuts, a repeal of the “rain tax” and Common Core, protecting charter schools and creating a voucher system, and modifications to the gun bill.

Moving into the Chair’s Report, Diana Waterman exhorted us to “take advantage of all the opportunities our liberal Democrats gave us.” She also pushed an initiative called the Old Line Club, which was a monthly fundraising of $8 or more a month, automatically deducted.

But I found the Executive Director’s Report from Joe Cluster made me sit up and take notice: county-by-county goals. Even the Republican strongholds of Carroll and Garrett counties had marching orders: hold what you have and help other counties out.

Nicolee Ambrose, in her National Committeewoman’s Report, touted the successes of the Super Saturday program in Annapolis and Frederick. It also served as a good test market for issue advocacy, and next year the program will be expanded and divided into pre-primary and post-primary positions.

She also related the success of 3-part fundraisers like the Allen West event in Prince George’s County as a model for others to follow.

On a national scale, Nicolee spoke on IT improvements the party was undertaking as well as the winter RNC meeting in Virginia.

As is often the case, National Committeeman Louis Pope was optimistic: “We’re going to have a phenomenal year in 2014,” he predicted. He shared good news on the financial front and on how the party was working on regaining its technological advantage. Moreover, Obama’s “Teflon-coated presidency is coming to an end,” said Louis.

Pope also spoke on Maryland, calling the state one with a “very angry electorate” and “very energized (GOP) base.”

Finally we made it to resolutions. Two of them made it out of committee and two didn’t.

The ones which were presented to the floor came from John Fiastro, Jr. and Dave Myers.

You could call Fiastro’s resolution the Don Dwyer resolution, since it seemed tailored with his situation in mind. But Delegate Michael Smigiel, who was carrying a proxy, spoke up and called it “too broad.” An amendment to allow for acts of civil disobedience to address Smigiel’s concerns failed on a voice vote when Smigiel noted “there’s not enough lipstick to put on this pig.”

Once the question was called, the Fiastro motion failed by a large margin, over 75 percent voting against.

The other resolution was one which called on the party to stop sending “mixed messages” and integrate the pro-liberty community. It lost on a voice vote, even after the “mixed message” portion was excised. But Diana Waterman promised to create an advisory committee to hear the diverse portions of the party after the first of the year. So we’ll see.

Certainly the Maryland Liberty PAC and other groups will be watching.

There was an attempt to get one other resolution to the floor concerning the Frederick robocall, which had some support. But more people wanted to adjourn, which was the motion presented by Nick Panuzio of Talbot County. He’s good at that. (Update: I’m told by Denise Lovelady of Talbot that it actually was Josh Horner who motioned to adjourn, but I heard the motion credited to Nick by the Chair. So let’s say Talbot County is good at that.)

Upon driving home, though, the four of us who traveled together saw perhaps the prettiest sunset we’d seen in quite some time, so I’m going to take it as a divine sign we did something right even if it wasn’t expected.

A change in tempo

Generally the interregnum between Election Day and New Year’s Day is a dead zone for politics. Admittedly, there are exceptions – Obamacare passed the Senate in a series of late-December votes culminating on Christmas Eve, leading to the potential for coal in a lot of stockings four years on; about the only use allowed for it anymore. But for the most part, the political world is placed on the back burner in November and December.

But I’ve noticed the Maryland gubernatorial campaigns are pressing on at an increasing pace these days, and there’s probably no stopping anytime soon as they try to blunt the impact of the presumptive new entrant, Larry Hogan. While Hogan and Change Maryland have continually been critics of the off-tune Martin O’Malley/Anthony Brown second term, the pace of Hogan’s criticism has picked up in recent weeks in preparation for what appears to be a gala announcement at the state’s upcoming Republican convention. One can argue that the Hogan candidacy was already priced into the market – for example, I received two mailings yesterday from the David Craig campaign proclaiming that “governor is not an entry-level position” and that David has “The experience we need. The leadership you can trust.” But when you consider he was talking about making a January decision, the fact Hogan moved his timetable up may be an indication that he feels the race would be getting away from him if he waited.

Larry also seems to be using the toughest rhetoric, saying Anthony Brown “intentionally misled” voters on Obamacare and accusing Martin O’Malley of “cherry-picking data.” Hopefully he will remain on that path of making the race a referendum on disastrous Democratic policies.

One offshoot of this potential Hogan entry will be how it affects fundraising by the other candidates. We won’t have our first indication of how any of the candidates are progressing on that front until mid-January, but it bears mentioning that several gubernatorial candidates will have to put fundraising on hold during the General Assembly session: all three on the Democratic side (Lieutenant Governor Anthony Brown, Attorney General Doug Gansler, and Delegate Heather Mizeur) as well as GOP Delegate Ron George. This is true unless they are taking public financing, and I doubt any Democrat will live under those spending limits.

So this won’t matter as much to the Democrats who are already pretty flush with cash, but Ron George will be at a disadvantage during that crucial time just months before the primary so he’s passing the hat now. If money gets more scarce with Hogan jumping in he would be placed at the largest disadvantage.

I suspect the race will be trimmed to three once again before the primary begins, but it’s anyone’s guess who the odd person out will be.

The big day?

Honestly, it didn’t surprise me when I saw this “media advisory” from Change Maryland:

Larry Hogan & Change Maryland will host a Fall Harvest Party to celebrate the success of Change Maryland in 2013, including building the largest and fastest growing grassroots army in the state – 65,000 people. Hogan will be speaking at the event and will discuss his plans for 2014 in front of a sold out capacity crowd.

So at about 8:35 Friday night, give or take, we will likely hear the confirmation that the pining and wishing has paid off and Larry Hogan will be the newest candidate for governor. In reality, it will be the end of a long path I foreshadowed when I wrote about the formation of Change Maryland 2 1/2 years ago.

In looking back at that post, I find it interesting that I brought up two names within: Charles Lollar and Brian Murphy. Both were candidates for the state’s top post in the 2010 cycle, although Charles dropped out fairly early once it was learned he was ineligible for the post – at the time he could not prove he was a resident of Maryland for the requisite five years. Murphy, on the other hand, persevered through the primary and become the conservative alternative to Bob Ehrlich, including the endorsement from Sarah Palin which gave him credibility among the TEA Party faithful.

Indeed, both have resurfaced for the 2014 campaign – Lollar coyly subjected himself to a “draft” campaign for several months before formally announcing in early September; meanwhile, Murphy wrote this on his Facebook page in early October:

The rumors of my death have been greatly exaggerated. Joy and I are well, and we are enjoying life on the Eastern Shore. We welcomed our fifth child into the world this summer, and our business is growing, but we’re concerned about the country we’re leaving for our children and yours. Been out of the political world, but I have thoroughly enjoyed living vicariously through Dan Bongino. Dan and I were in the phone tonight and he finally convinced me to come off the sidelines. Stay tuned…

Of course this could mean many different things since there’s no shortage of posts on the political field. But there’s been an intriguing rumor going around about a Hogan/Murphy ticket. No question the timing of Murphy’s announcement could be simply coincidence, but this would indeed create a formidable team if it came to pass, perhaps as a melding of the fiscal savvy of both candidates with Murphy’s TEA Party appeal.

We may find out more on Friday night.

Hogan: Anthony Brown ‘intentionally misled thousands’

The burr underneath Martin O’Malley’s saddle must have stuck when the horses were changed because now Larry Hogan and Change Maryland is becoming an irritant to Anthony Brown. In the wake of Brown dodging and ducking the questions of interviewer Jayne Miller of WBAL-TV, Hogan added the following response under the Change Maryland banner:

The O’Malley-Brown Administration has been one of the biggest cheerleaders for the ACA and Lt. Governor Brown is responsible for implementing Maryland’s version of the law. Last night, Anthony Brown admitted that he knew many Marylanders could not keep their insurance despite promises to the contrary. By remaining silent, he intentionally misled thousands of mothers, fathers, and children who depend on health care insurance for the treatment they need.

As Lieutenant Governor, Anthony Brown has an obligation to serve the best interests of all Marylanders, which means being straightforward about the implementation of this new law. Despite all the promises from the O’Malley-Brown Administration that the state was ready for this roll out, the exchange has been plagued with one problem after another.

Marylanders deserve to know whether or not people are enrolling in the Health Benefit Exchange because ultimately, the success or failure of the program will have a direct impact on their own health insurance. Brown’s failures have given us zero confidence that the state even knows how many people have enrolled.

It’s time for Mr. Brown to come clean with Marylanders, take responsibility for the problems of the state exchange, and personally apologize for misleading the public. Regardless of how anyone feels about the new law, Anthony Brown obviously put partisan politics ahead of the people he was elected to represent. This falls 100% in his lap.

Change Maryland also pointed out a discrepancy in enrollment figures between state and federal reports, numbers which suggest the state may have exaggerated enrollment figures nearly fourfold; federal numbers show Maryland enrolled 1,284 in the first month Obamacare was active while the state claims 4,651. Meanwhile, 73,000 Marylanders were sent cancellation notices, including Sixth District Congressional candidate Dan Bongino, who posted his online. I went to public school, but even I can see that math makes the point that the Affordable Care Act is neither going to be affordable nor caring.

If you look at this through a political lens, however, two things jump out at you.

One is the presumption that Brown will be the Democratic nominee at this early stage, given his commanding poll edge. Granted, Anthony Brown is the one who is touting his healthcare record – particularly the more and more laughable claim that “independent studies show will reduce the number of uninsured in Maryland by 50%” – and running as a continuation of the “success” of the last seven long years. (Brown’s doublespeak extends to other areas of his healthcare record; according to him Maryland expanded Medicaid by “working with stakeholders and placing higher costs on tobacco products.” In English, this was the dollar-a-pack cigarette tax hike, which served as among the most regressive of O’Malley/Brown’s many tax hikes.)

Secondly, it’s a reiteration of a point which those on our side frequently make: have we seen this discrepancy covered in the Baltimore Sun or Washington Post? Looking at the Sun‘s main page today, we find instead the headline touting a 36% hike in enrollments – not a word about the Jayne Miller interview. The Post ignores the story altogether, but joyfully kicks the outgoing McDonnell administration in Virginia with a report on $575,000 in legal bills paid by the taxpayer, in a case where the billing is allowed by law. (Just wait until Terry McAuliffe takes office; he’ll make that $575,000 seem like pocket change.)

On the other hand, this allegation has received scant coverage beyond the original WBAL segment: a reprint of the press release here, a mention of the Jayne Miller interview as part of Maryland Reporter‘s state roundup yesterday, and now my piece. (Needless to say it was also linked on ChangeMaryland’s Facebook page with its 64,000 followers.) Even if this gets picked up by other local bloggers, talk radio, and such, it’s going to be an uphill fight to get the word out on anything like this.

Working twice as hard to accomplish half as much seems to be the norm for us when it comes to media. But I think we’re improving, and can do even better once we convince the campaigns to stay on message.