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STATE v. BROOKINS

No. 19, Sept. Term, 2003.

844 A.2d 1162 (2004)

380 Md. 345

STATE of Maryland v. Shirley R. BROOKINS, Steven P. Martin, and Rashida S. Hogg.

Court of Appeals of Maryland.

March 16, 2004.

Attorney(s) appearing for the Case

Thomas M. McDonough, Sr. Asst. State Prosecutor (Stephen Montanarelli, State Prosecutor, Towson), Robert A. Zarnoch, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen. of Maryland, Robert N. McDonald and Kathryn M. Rowe, Asst. Attys. Gen., Annapolis), all on brief, for appellant.

Larry Allen Nathans (Booth M. Ripke of Bennett & Nathans, LLP, Baltimore), on brief, for appellees.

Deborah A. Jeon, Baltimore, Arthur B. Spitzer, Washington, DC, brief of The American Civil Liberties Union of the National Capital Area and The American Civil Liberties Union of Maryland, as amici curiae for appellees (Not admitted in Maryland).

David Rocah, American Civil Liberties Union of Maryland Foundation, Baltimore, of counsel (Not admitted in Maryland).

Argued before BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA JJ.

BELL, Chief Judge.

The issue this case presents is whether the Maryland "walk around services" statute, codified during the relevant time period at Maryland Code (1957, 2002 Replacement Volume), Article 33, § 13-209,1 which prohibits both a candidate and a candidate's campaign from paying for "walk around services or any other services as a poll...

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