Letter to Attorney General Douglas F. Gansler

August 6, 2008

The Honorable Douglas F. Gansler
Attorney General, State of Maryland
200 St. Paul Place
Baltimore, MD 21202

Dear General Gansler:

We are writing to ask that you clarify whether or not the Secretary of State of Maryland may recuse himself from direct involvement in drafting or reviewing constitutional amendment ballot language, if he has – or is perceived to have – a conflict of interest.

Last week, Marylanders United to Stop Slots made a formal request of Secretary of State John McDonough to recuse himself from any involvement in the drafting of ballot language for this November's slots referendum. We did so because of Mr. McDonough's twenty-year representation of gambling interests, and felt that his involvement in this matter would constitute a conflict.

Although Mr. McDonough has not responded to our formal request, we have read media reports in which the Secretary indicates that he cannot recuse himself because he has "no choice other than to do what the statute says." It is hard to believe that there is no provision in Maryland law for a public official to recuse themselves from a matter which presents a conflict of interest. Yet, that is exactly Mr. McDonough's defense for refusing to recuse himself.

Rather than addressing his clear conflict of interest, the Secretary of State is hiding behind some inexplicable legal prohibition against recusal. Given the significant importance of this constitutional amendment, we would respectfully ask that your office review this matter and clarify Mr. McDonough's options.

We can't expect the people of Maryland to trust their government if public officials aren't straight with them. Either Mr. McDonough has a conflict, or he does not. Either he can recuse himself, or he can't.

Your impartial review of this important legal matter would be greatly appreciated.

Sincerely,

Scott Arceneaux
Senior Advisor, Marylanders United to Stop Slots