Zenbowl

The Sun ran a piece today on Ben Cardin’s efforts to prevent any group or party from distributing misleading election materials.

In the Senate, Cardin is co-sponsoring legislation that would make it a federal crime to make false claims about a politician’s party affiliations or endorsements. He raised his concerns during a private meeting last week with U.S. Attorney General Alberto R. Gonzales and has been in contact with Maryland Attorney General Douglas F. Gansler.

Cardin, a candidate who campaigned on ending the war in Iraq and expanding access to health care has added a new issue to his agenda. He says he is not seeking payback for the roughest campaign of his 40-year political career, but is attempting to prevent tactics that would violate voters’ rights.

The Sun raises the legitimate concern that such efforts may interfere with First Amendment rights. However, there is no provision in the First Amendment to cover lying or deception, which is why there are libel laws.

What is really needed, beyond this legislation, is an amendment to the Constitution, to ensure that every citizen has the right to cast an informed vote on election day without the threat of duress. Citizens should also have a right to a transparent voting review process. Simple, to the point, and it eliminates the misleading tactics (like those used against Cardin) as well as the usual threats (ID required, parking tickets, etc.). Such an amendment would also make black box voting illegal.

I’d love it if someone could put that out there, to force elected officials who are opposed to voting rights out in the open.