March 18, 2010

Linda Lamone, State Administrator of Elections

Jared DeMarinis, Director, Candidacy & Campaign Finance Div.
State Board of Elections
151 West Street
Suite 200
Annapolis, MD 21401

Dear Administrator Lamone and Director DeMarinis:

The Maryland Democratic Party is writing to call the State Board’s attention to potential
violations of the state campaign finance laws by the Baltimore law offices of Womble Carlyle
Sandridge & Rice, which has been serving as the de facto campaign headquarters for former
Governor Robert Ehrlich. As explained below, Gov. Ehrlich has apparently been using the
resources of the firm’s Baltimore offices to promote his candidacy for state office, but Gov.
Ehrlich’s authorized campaign finance entity, Bob Ehrlich for Maryland Committee, has not
reported receipt of any in-kind contribution from the law firm. Further, it may well be the case
that the Baltimore offices of the firm have already exceeded the applicable per-candidate or
aggregate contribution limits in making these secret, unreported in-kind contributions, over an
extended period of time.

Gov. Ehrlich became the founding partner of the Baltimore office of Womble Carlyle in
February, 2007. Three of the individuals who served on his personal official staff and/or
campaign staff while he was Governor joined the Firm at that time: Henry Fawell, Greg Massoni
and Paul Schurick. See “Ehrlich to Help Open Md. Branch of Law Firm,” Washington Post,
Feb. 22, 2007.

Over the past three years, Mr. Fawell has continually served as a spokesperson for Gov.
Ehrlich on matters bearing directly on Gov. Ehrlich’s potential candidacy, while being paid by
Womble Carlyle. For example:

33 West Street, Suite200 | Annapolis, MD 21401 
Baltimore/Annapolis Area (410) 269‐8818 | Washington Area (301) 858‐8818 | Fax (410) 280‐8882 
www.mddems.org

Paid for by the Maryland Democratic Party, www.mddems.org, and not authorized by any federal 
candidate or candidate's committee. By authority of Ngoc Chu, Treasurer. 

 
  

• In a December 2007 article reporting the findings of a state audit of licensing of mortgage
brokers, “Ehrlich spokesman Henry Fawell declined to address the audit’s findings. But
he said that Ehrlich worked hard to boost homeownership and that O’Malley has been
happy to claim credit for his programs. ‘If there are teachers and nurses and police
officers who the O’Malley administration thinks are unworthy of their homes, that’s their
problem,’ he said. ‘But Governor Ehrlich is happy to have helped them.’” Jay Hancock,
“Audit faults Md. oversight of mortgage sector,” Baltimore Sun, Dec. 28, 2007 (Business
section).

• In May 2008, commenting on the re-assembling of Gov. Ehrlich’s “theme team,” Mr.
Fawell stated, “’There’s a lot of pent-up anger about record tax increases, rising
electricity prices,’ Fawell said. ‘ It’s an opportunity for people to talk about themes.’”
Laura Vozzella, “They put away the crayons,” Baltimore Sun, May 4, 2008 (Local
section).

• In December 2008, in response to an announcement that another Republican was forming

a gubernatorial exploratory committee, “Ehrlich spokesperson Henry Fawell ‘said
Ehrlich’s thinking remains unchanged…. And that [it is] premature to speculate. Fawell,
on whether Ehrlich will run: ‘Time and the political landscape.’” The Hotline, Dec. 10,
2008 (quoting Reiter, PolitickerMD.com, Dec. 9, 2008).

• In June 2009, “ex-Ehrlich press. Sec. Henry Fawell, who now works at Ehrlich’s
Baltimore-based law firm, ‘said he won’t come to a decision for several months’ on
whether to run. The Hotline, June 8, 2009.

• In September 2009, in response to a conference call organized by the Republican

National Committee in advance of an appearance by the President in Maryland about
health care reform, the Speaker of the Maryland House commented on Gov. Ehrlich’s
record on health care. “Ex-Ehrlich aide Henry Fawell ‘provided a rebuttal to Busch…
forwarding a seven point list of Ehrlich health care accomplishments…..’” The Hotline,
Sept. 18, 2009 (quoting “Maryland Politics,” Washington Post, Sept. 17, 2009).

33 West Street, Suite200 | Annapolis, MD 21401 
Baltimore/Annapolis Area (410) 269‐8818 | Washington Area (301) 858‐8818 | Fax (410) 280‐8882 
www.mddems.org

Paid for by the Maryland Democratic Party, www.mddems.org, and not authorized by any federal 
candidate or candidate's committee. By authority of Ngoc Chu, Treasurer. 

 
  

• In January 2010, following the Massachusetts special election for U.S. Senate, “Ehrlich
spokesman Henry Fawell said the Massachusetts election means that Maryland’s former
governor ‘can enthusiastically check one more box off his decision-making process. All
of these little pieces of the puzzle are taken into consideration.’” Julie Bykowicz,
Baltimore Sun, Jan. 21, 2010 (Local).

• Last month, “If Ehrlich runs, ‘it is unlikely he will announce before March,’ spokesman
Henry Fawell said today…..” Commenting on Gov. Ehrlich’s recent travels around the
state, “It’s been extraordinarily helpful and will go a long way towards informing his
decision,’ Fawell said.” Wilmington News Journal, Feb. 1, 2010 (News section).

• Earlier this month, reacting to poll on the gubernatorial contest, “Ehrlich spokesman
Henry Fawell downplayed the significance of the O’Malley poll, saying its public release
‘is generally something you do when you’re worried…. Our internal polling shows a
vastly different landscape.’” Maryland Politics Blog, Washington Post, March 5, 2010.

• Again this month, responding to a talk by an O’Malley campaign official, “Ehrlich’s

spokesman, Henry Fawell, responded. . . by saying that Ehrlich is ‘flattered by all the
attention’ . . . Fawell said Ehrlich has set no firm date for deciding whether to run, though
he continues to make speaking appearances and might decide ‘in a couple of weeks.’”
Larry Carson, Baltimore Sun, March 12, 2010 (Local).

Given that these articles represent only a fraction of the occasions on which Mr. Fawell
has acted as spokesperson for Gov. Ehrlich over the last three years, it is clear that Mr. Fawell
has devoted an extensive amount of time to this role.

It does not seem plausible that Mr. Fawell has engaged in his work as spokesperson
merely as a volunteer. Mr. Fawell has performed this work during regular working hours. In
July 2007, Mr. Fawell admitted that “he was on the Womble clock” when he circulated to
reporters a political e-mail attacking the O’Malley administration that immediately appeared on

33 West Street, Suite200 | Annapolis, MD 21401 
Baltimore/Annapolis Area (410) 269‐8818 | Washington Area (301) 858‐8818 | Fax (410) 280‐8882 
www.mddems.org

Paid for by the Maryland Democratic Party, www.mddems.org, and not authorized by any federal 
candidate or candidate's committee. By authority of Ngoc Chu, Treasurer. 

 
  

www.omalleywatch.com, an anonymous smear website. (Laura Vozzella, “Mama, who was that
masked man?,” Baltimore Sun, July 18, 2007).

Just last month, on the morning of February 4, 2010, after the Maryland Democratic
Party announced it was filing a complaint with the Federal Communications Commission about
Gov. Ehrlich’s comments on a television show, the Baltimore Sun’s website posted an item
including immediate reaction from Mr. Fawell sent that morning on Gov. Ehrlich’s behalf. (Md.
Politics Blog, “Md Dem Party claim: Ehrlich violated FCC rules,” Feb. 4, 2010). And Mr.
Fawell’s reaction to a poll on the gubernatorial race, quoted in the Post blog on March 5 as noted
above, was clearly communicated during business hours since the poll was released that morning
and Mr. Fawell’s reaction was posted at 1:30 p.m.

In these circumstances it seems highly probably that the Womble Carlyle firm has paid
Mr. Fawell for serving as spokesperson for Gov. Ehrlich and that Mr. Fawell has used firm
resources in performing this role. That of course would mean that the Firm has made significant
in-kind contributions to Gov. Ehrlich’s committee, Bob Ehrlich for Maryland. That committee,
however, has not reported receipt of any in-kind contributions from the Firm.

Further, given the extent of the work performed by Mr. Fawell at the Firm over an
extended period of time, it is also probable that the Firm has exceeded the applicable limit of
$4,000 per election cycle on the amount it can contribute in-kind to Gov. Ehrlich’s committee.
Md. Code. Ann. Election Law Article §13-226(b)(1).

The Maryland Democratic Party certainly believes that Gov. Ehrlich has the right to
speak out about the issues, to prepare for a campaign and to use a professional spokesman for his
political activities. But in doing so, Gov. Ehrlich should abide by the same rules as every other
candidate: his Maryland campaign finance entity, his committee, and contributions to that
committee are governed by the Maryland campaign finance laws and such contributions must be
publicly disclosed. Gov. Ehrlich is not entitled to finance his “pre-campaign” with secret in-kind
corporate contributions that may well already exceed the permissible limits.

33 West Street, Suite200 | Annapolis, MD 21401 
Baltimore/Annapolis Area (410) 269‐8818 | Washington Area (301) 858‐8818 | Fax (410) 280‐8882 
www.mddems.org

Paid for by the Maryland Democratic Party, www.mddems.org, and not authorized by any federal 
candidate or candidate's committee. By authority of Ngoc Chu, Treasurer. 

 
  

For these reasons, the Maryland Democratic Party respectfully requests the State Board
conduct a preliminary investigation of this matter and make such referrals as it deems
appropriate to the Office of State Prosecutor or State’s Attorney’s office.

If you have any questions or need further information concerning the above, please let us
know. Thank you for your time and attention to this important matter.

Sincerely yours,

Susan Turnbull
Maryland Democratic Party, Chair

33 West Street, Suite200 | Annapolis, MD 21401 
Baltimore/Annapolis Area (410) 269‐8818 | Washington Area (301) 858‐8818 | Fax (410) 280‐8882 
www.mddems.org

Paid for by the Maryland Democratic Party, www.mddems.org, and not authorized by any federal 
candidate or candidate's committee. By authority of Ngoc Chu, Treasurer.