Politics & Government

Gansler Wants to Limit Outside Campaign Advertising

Attorney General Doug Gansler proposed the Democratic candidates sign a pledge prohibiting independent expenditures on political ads.

By Adam Bednar

(UPDATED 6:34 p.m.)—Attorney General Doug Gansler wants to ban political advertising by special interest groups in support of specific candidates during the Democratic gubernatorial primary.

Gansler challenged his fellow Democratic candidates, Lt. Gov. Anthony Brown and Del. Heather Mizeur, to sign the "Candidates Pledge" aimed at keeping groups from purchasing advertising benefiting or attacking a candidate.

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"We are now less than one year away from an important general election in Maryland and I believe that all of the candidates should support and sign the 'Candidates' Pledge,'" Gansler said in a news release. 

"It is easy to talk about reform. The test is—are you willing to do something to keep outside money out of Maryland."

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State law forbids a campaign from coordinating with independent expenditure groups on ads and limits how much direct financial support a group can provide, but it doesn’t stop groups from independently producing advertisements attacking or promoting a particular candidate.

The proposed pledge, drawn up by the Gansler campaign, stipulates that if a third-party group spends money on television, radio, online or direct mail advertisements the candidate whom those ads benefit must donate 50 percent of the cost of the ads to a charity of the other candidates’ choice.

Jennifer Baven-Dangel, executive director of Common Cause Maryland, said her organization is thrilled the Gansler campaign has proposed the pledge.

She said a report by Common Cause Massachusetts on that state’s U.S. Senate race in 2012—in which both candidates signed a similar promise—showed negative advertising dropped dramatically in that campaign. She also said that 97 percent of ads purchased by independent groups in other states were negative.  

"[The pledge] elevates the issues over the rhetoric. The candidates get to control what is being said by and about them," Baven-Dangel said.  

Jonah Mikoff-Zern, senior organizer with Public Citizen, said his organization supports preventing keeping big corporations and wealthy donors from dominating campaigns. 

"Elections shouldn’t be bought and sold by the highest bidder," Mikoff-Zern said.

But he said the organization he works for balks at efforts to keep groups that pool their resources from average citizens, such as unions, from spending on advertising on behalf of a candidate.

"Our position at Public Citizen, our major concern, is money coming from major corporations and the ultra-wealthy," he said.

Both Brown and Mizeur could benefit from independent expenditures during the primary. Brown has racked up a series of union endorsements, including AFSCME's backing on Tuesday. Mizeur, who is trying to become the first woman and openly gay or lesbian Maryland governor, could also draw support from special interests that would be willing to advertise supporting her candidacy. 

Justin Schall, Brown’s campaign manager, issued a statement in response to Gansler's request.

"We are reviewing the pledge, but frankly our campaign is focused on organizing a grassroots effort to deliver our message to voters about our vision for Maryland’s future," Schall’s statement reads. "The law in Maryland clearly prohibits our campaign, or any other campaign, from working or coordinating with an independent expenditure committee. We will absolutely abide by the law and run a clean and transparent campaign."

Mizeur’s campaign did not respond to a request for comment. 


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