Montgomery Dems’ secret votes OK, AG opinion says

Ali, others lambaste county party’s procedures for nominating replacement lawmakers

Ali (D-Dist. 39) of Gaithersburg was among three candidates the central committee considered to replace Patrick J. Hogan (D), who resigned from the Senate this summer to take a job as the University System of Maryland’s top lobbyist.

The 23-member central committee nominated Nancy J. King, then a delegate from that district, after two secret ballots. Former delegate Gene W. Counihan was eliminated in the first voting round. King won 13 votes to Ali’s nine in the second round.

Maryland Democratic Party bylaws require: ‘‘Meetings held by a local Democratic Central Committee for the purpose of filling [vacant elective offices] shall be open to the public, and votes for the purpose of filling the vacancy shall be conducted by roll call.”

Since a 2001 change to their local committee rules, Montgomery Democrats have nominated four delegates and one senator by calling roll to record who is present, then casting secret ballots.

Committee secretary Elliot Chabot said the secret ballot was adopted to help folks ‘‘move on” after a vote.

Montgomery’s central committee is not alone. Charles County and, reportedly, other central committees on the Eastern Shore use secret ballots.

Since no state or federal law prohibits the practice, the decision is the state party’s.

‘‘Whether the Montgomery County Central Committee must use an open roll call for future nomination votes is a matter for the Democratic Party to decide,” Brantley wrote.

Absent a complaint, the Maryland Democratic Party has no plans to intercede, said spokesman David Paulson.

‘‘Until that, we leave it to Montgomery County to do as they see fit,” he said.

Ali said he has not decided whether to file a complaint with the state party or proceed with his plan to push for a law to stop the practice in Montgomery — and perhaps elsewhere.

Passing a law would have more weight, Ali said. But he said he hopes the central committee or state party would rectify the issue on their own.

Montgomery Democratic Party Chairwoman Karen Britto said she and state party Chairman Michael E. Cryor offered to meet with Ali on Oct. 15, but Ali declined, citing work and family obligations over the next several weeks.

Ali said he would welcome talking with Britto, other party officials or anyone else about the matter.

Last week Ali — joined by Dels. Ana Sol Gutierrez (D-Dist. 18) of Chevy Chase, Karen S. Montgomery (D-Dist. 14) of Brookeville and Henry B. Heller (D-Dist. 19) of Leisure World — filed legislation to stop the county central committee from electing replacement legislators by secret ballot.

‘‘I’d be very happy if this bill was not necessary,” Ali said.

Legislation isn’t necessary to address the problem, King said.

‘‘I understand he’s looking for something to pass that he can say he did, but I think the state party could do it on its own and he could still take credit for it,” she said. ‘‘I just don’t believe in legislation for the sake of legislation.”

Despite having competed for the same seat, King and Ali both said they hold no ill will toward each other and will work as a team as the legislature prepares for a special session on the state deficit next week.

However, King said the central committee, which also had to select replacement delegates in two other districts in recent months, hasn’t taken too kindly to Ali’s challenge.

‘‘I think that’s where the rub is,” she said. ‘‘They really feel a bit slighted, that’s all.”

Chabot said the attorney general’s opinion vindicated the committee and its nominating procedures.

‘‘[It] makes it pretty clear that the party rules are a matter for the party to decide” as part of its First Amendment right of free association, Chabot said.

The opinion noted that the U.S. Supreme Court has recognized that ‘‘political parties have First Amendment rights to determine their own rules regarding membership, organization and other internal operating procedures.”