Cindy Walsh for Mayor of Baltimore
- Mayoral Election violations
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Building Strong Media
Media with a Progressive Agenda (I'm still checking on that!)
- "Talk About It" Radio - WFBR 1590AM Baltimore
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WALSH FOR GOVERNOR - CANDIDATE INFORMATION AND PLATFORM
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Cindy Walsh vs Maryland Board of Elections
- Leniency from court for self-representing plaintiffs
- Amended Complaint
- Plaintiff request for expedited trial date
- Response to Motion to Dismiss--Brown, Gansler, Mackie, and Lamone
- Injunction and Mandamus
DECISION/APPEAL TO SPECIAL COURT OF APPEALS---Baltimore City Circuit Court response to Cindy Walsh complaint
Brief for Maryland Court of Special Appeals
- Cover Page ---yellow
- Table of Contents
- Table of Authorities
- Leniency for Pro Se Representation
- Statement of Case
- Questions Presented
- Statement of Facts
- Conclusion/Font and Type Size
- Record Extract
- Motion for Reconsideration
- Response to Defendants Motion to Dismiss
- Motion to Reconsider Dismissal
- Brief for Maryland Court of Special Appeals >
- General Election fraud and recount complaints
Cindy Walsh goes to Federal Court for Maryland election violations
- Complaints filed with the FCC, the IRS, and the FBI
- Zapple Doctrine---Media Time for Major Party candidates
- Complaint filed with the US Justice Department for election fraud and court irregularities.
- US Attorney General, Maryland Attorney General, and Maryland Board of Elections are charged with enforcing election law
- Private media has a responsibility to allow access to all candidates in an election race. >
- Polling should not determine a candidate's viability especially if the polling is arbitrary
- Viability of a candidate
- Public media violates election law regarding do no damage to candidate's campaign
- 501c3 Organizations violate election law in doing no damage to a candidate in a race >
- Voter apathy increases when elections are not free and fair
- Maryland Board of Elections certifies election on July 10, 2014
- Maryland Elections ---2016
CIVIL CLAIM IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND
1. Parties to this complaint
Cindy Walsh vs WOLB Radio
2522 N Calvert Street Civil Action # _________________
Baltimore, Maryland 21218
WOLB AM Radio- Radio One Baltimore
Howard Mazer - General Manager
1705 Whitehead Road
Baltimore, MD 21207
Cindy Walsh for Governor of Maryland is filing in United States District Court for Maryland in Baltimore because plaintiff is a resident of Baltimore and the election irregularities identified in the Federal Court case include businesses located and operating in Baltimore. The plaintiff claims WOLB Radio/Radio One failed to abide by election law. Violations include FCC and IRS laws protecting elections.
U.S. Code › Title 28 › Part IV › Chapter 85 › § 1343 28 U.S. Code § 1343 - Civil rights and elective franchise
(a) The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: (1) To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42; (2) To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title 42 which he had knowledge were about to occur and power to prevent; (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States; (4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote.
3. Statement of Facts and Claims
WOLB Radio provides news and entertainment for Baltimore and surrounding counties. Its content targets news relevant to black citizens of Baltimore the majority of whom are workings class and poor. It is fair to say this same population represents the bulk of its listeners. It is no coincidence that Cindy Walsh for Governor of Maryland’s platform directed at the middle/working class and poor would be excluded by this same WOLB Radio. My platform is what most of WOLB Radio viewership would want to see/hear and yet I was willfully, deliberately and with malice excluded with my platform never reaching said listeners. Baltimore has approximately 350,000 registered democrats most of whom are working class and poor so the exclusion of Cindy Walsh from this media market had a direct effect on the results of this race for governor. Indeed, WBOC Radio knew the election results would have changed if a candidate prioritizing civil rights and liberties, public and labor justice were allowed media exposure. FCC does not require a media outlet to give equal time to all candidates, but it does require that a platform not be excluded and that citizens be educated to the issues and candidates in an election race. WBOC Radio willfully, deliberately, and with malice excluded my campaign and platform and in so doing damaged me and the citizens tasked with casting an intelligent vote. Cindy Walsh claims that WOLB Radio violated False Statements laws by altering a government document-----The Maryland Board of Elections Governor's Race List of candidates and in so doing defamed the plaintiff by denying her status as a viable candidate.
Cindy Walsh claims WOLB Radio violated the following:
18 U.S. Code § 1001 (a) (2) (3);Title 47 Section 312 [47 U.S.C. §312] (a) (7) (f) (1) (2); Section 315 [47 U.S.C. §315] (a) (1) (2) (3) (4) .
While the irregularities occurred constantly throughout the primary election for Governor of Maryland, I will provide two specific incidences by place, date, and time: Radio One WOLB 1705 Whitehead Rd.Gwynn Oak, Md. 21207; June 4, 2014 6:00am -10:00am; June 6, 2014 6:00am – 10:00am;
· 18 U.S. Code § 1001 (a) (2) (3) False statements of fact
(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title, imprisoned not more than 5 years
· Defamation per se
· The following FCC regulated laws were violated:
Federal Communications Commission Rules (Title 47 Code of Federal Regulations)
Statutes and Rules on Candidate Appearances & Advertising
Section 312 [47 U.S.C. §312] (a) (7) (f) (1) (2)
(a) The Commission may revoke any station license or construction permit –
(7) for willful or repeated failure to allow reasonable access to or to permit purchase of reasonable amounts of time for the use of a broadcasting station, other than a non-commercial educational broadcast station, by a legally qualified candidate for Federal elective office on behalf of his candidacy.
(f) For purposes of this section:
(1) The term “willful”, when used with reference to the commission or omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act or by a treaty ratified by the United States.
(2) The term “repeated”, when used with reference to the commission or omission of any act, means the commission or omission of such act more than once or, if such commission or omission is continuous, for more than one day.
Section 315 [47 U.S.C. §315] (a) (1) (2) (3) (4)
(a) If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station: Provided, That such licensee shall have no power of censorship over the material broadcast under the provision of this section. No obligation is hereby imposed under this subsection upon any licensee to allow the use of its station by any such candidate. Appearance by a legally qualified candidate on any –
(1) bona fide newscast,
(2) bona fide news interview,
(3) bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary), or
(4) on-the-spot coverage of bona fide news events (including but not limited to political conventions and activities incidental thereto), shall not be deemed to be use of a broadcasting station within the meaning of this subsection. Nothing in the foregoing sentence shall be construed as relieving broadcasters, in connection with the presentation of newscasts, news interviews, news documentaries, and on-the-spot coverage of news events, from the obligation imposed upon them under this Act to operate in the public interest and to afford reasonable opportunity for the discussion of conflicting views of issues of public importance.
4. Demand for relief
Violations of FCC laws were willful and deliberate and occurred over an extended time with dozens of incidents. The plaintiff communicated the fact that damage was being done and described the consequences of the damage with total disregard by WOLB Radio showing extreme malice. These violations can cause the FCC to suspend license. I request that WOLB Radio be required to provide a weekly half hour prime time program for Cindy Walsh that allows for airing of public policy supported by her platform for a period of 5 years. I request that WOLB Radio be placed on court supervised probation for several election cycles until these identified election irregularities are eliminated.
Violations of FCC law ----Any person who willfully and knowingly does or causes or suffers to be done any act, matter or thing prohibited or declared to be unlawful or who willfully and knowingly omits or fails to do any act, matter or thing required to be done, or willfully and knowingly causes or suffers such omission or failure, shall, upon conviction thereof, be punished for such offense for which no penalty (other than the forfeiture as provided in the Act), by fine of not more than $10,000.00 or by imprisonment for a term not exceeding one year or both.
Amount of relief:
Violations of False Statement and defamation in Federal Court - $2 million, the sum WOLB Radio sought to deny Cindy Walsh with loss of election and her securing of employment as Governor of Maryland. Wages and benefits from a 4 year term as governor would reach $2 million.
Violations of Defamation with punitive damages should send a message that these irregularities not happen again. The costs to Cindy Walsh in conducting a campaign for Governor of Maryland plus 10 times the actual damage suffered requires $500,000 in punitive damage from deliberate, willful acts against the plaintiff done with malice.
Damages Awarded for Defamation in Maryland Among the damages for defamation in Maryland include:
- actual damages
- punitive damages
- other damages awarded by the court
Punitive Damages in Maryland: Reconciling Federal Law, State Law, and the Pattern Jury Instructions
· Stephen J. Shapiro
University of Baltimore - School of Law
University of Baltimore Law Forum, Vol. 38, No. 1, pp. 27-53, Fall 2007
· Starting in the early 1990's, both the United States Supreme Court and the Court of Appeals of Maryland addressed the issue of jury discretion in awarding punitive damages. The two courts addressed the perceived problem in two different ways. The United States Supreme Court focused their attention mainly on the excessive amount of such awards. It held that the Due Process Clause regulates both the procedures used in awarding punitive damages and the amounts of such awards. The Court required that juries be given sufficient instructions to enable them to make awards based on the purpose of punitive damages, and required state trial judges and appellate courts to reduce the amount of such awards if they were “grossly excessive.” The Court provided state judges with guideposts for determining the appropriate amount of punitive damage awards and required that the amounts be proportionate to the amount of compensatory damages.
The Court of Appeals of Maryland focused its attention instead on the proof required for a jury to make a punitive damages award in the first place. It held that punitive damage awards could only be made if the defendant's conduct rose to the level of actual malice (evil motive or intent to do harm, or knowing that its actions would be harmful) and not just implied malice (gross negligence, recklessness, or should have known of the harm). In addition, the Court of Appeals of Maryland held that juries should be instructed that they must find that actual malice had been proved by “clear and convincing evidence,” and not just a preponderance of the evidence.
This article will suggest several changes to Maryland law and the Maryland Civil Pattern Jury Instructions, so that the instructions more accurately reflect Maryland law, and that Maryland law complies with the Due Process Clause. The proposed changes include:
• providing a clearer standard in the instructions for when punitive damages should be awarded;
• clarifying that the “clear and convincing” standard applies only to the finding of “actual malice” and not to the broader question of whether and in what amount to award punitive damages;
• changing the law, the procedure and the jury instructions relating to whether and when a jury may consider evidence of the defendant's financial condition in calculating the amount of a punitive damage award; and
• providing more guidance to juries as to the appropriate amount of punitive damage awards.
· Number of Pages in PDF File: 28
· Keywords: punitive damages, jury discretion, Supreme Court, Court of Appeals of Maryland, Maryland Civil Pattern Jury Instructions, compensatory damages, Due Process Clause
· JEL Classification: K13, K49
· Accepted Paper Series
· Download This Paper
· Date posted: June 24, 2009
· Suggested Citation
· Shapiro, Stephen J., Punitive Damages in Maryland: Reconciling Federal Law, State Law, and the Pattern Jury Instructions (Fall 2007). University of Baltimore Law Forum, Vol. 38, No. 1, pp. 27-53, Fall 2007. Available at SSRN: http://ssrn.com/abstract=1425083
Punitive damages in Rockville, Maryland usually cannot exceed 10 times the amount of actual damages suffered by the plaintiff. However, this is just a guideline, and not a strict rule. Courts in Maryland have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be highly dependent on the facts of each case.
WOLB Radio referenced the Democratic Primary race for governor frequently throughout this primary always included Brown, Ganlser, and Mizeur as the candidates in this race. Below you see the gubernatorial forum WOLB Radio hosted with Larry Young. WOLB Radio targets black urban listeners which include a large percentage of the approximately 350,000 registered Democratic voters in Baltimore. When they willfully, deliberately, and with malice exclude the one candidate and platform that would speak to the issues most important to this electorate, they are seeking to corrupt the election results. You see Cindy Walsh was not mentioned on WOLB Radio programming. WOLB Radio: Search Results for: Cindy Walsh No results
WATCH The 2014 MD Gubernatorial Debate Here
Jun 4, 2014
By WOLB 1010
Larry Young & The Larry Young Morning Show hosted the 2014 MD Gubernatorial Debate at the Radio One Baltimore studios Thursday morning where Lt. Gov. Anthony Brown, Del. Heather Mizeur, and Attorney Gen. Doug Gansler addressed the issues plaguing the state of Maryland. Some of the issues discussed included education, the legalization of marijuana, lowering taxes, minimum wage and more. You can view the entire debate below. Make sure to cast your vote in the Primary Election on Tuesday June 24.
2014 MD Gubernatorial Candidates 1 of 14 Next
Sen. Larry Young
Jun 6, 2014
Vote Early: June 12 – June 19, 10am to 8pm ***********************************************
Candidates for governor debate on radio
By: Associated Press June 5, 2014
WOODLAWN€ –” The battle for the Democratic nomination for governor of Maryland intensified Thursday over the handling of the state’s badly flawed health exchange website.
Lt. Gov. Anthony Brown, Attorney General Doug Gansler and Del. Heather Mizeur debated on WOLB-AM’s Larry Young Morning Show in the last scheduled debate of the primary campaign.
Read more: http://thedailyrecord.com/2014/06/05/candidates-for-maryland-governor-debate-on-radio/#ixzz36ytqHZUc
Gubernatorial candidates spar in radio debate
UPDATED 6:24 PM EDT Jun 05, 2014
Read more: http://www.wbaltv.com/politics/Democrats-in-governor-s-race-debate-for-last-time/26352896#ixzz36yumCgI0
Lt. Gov. Anthony Brown, Attorney General Doug Gansler and Del. Heather Mizeur debated on WOLB-AM's Larry Young Morning Show in the last scheduled debate of the primary campaign.
Votefest 2014 Aims to Increase Baltimore’s Registered Voters Ahead of June Primary
by: Roberto Alejandropublished: May 15, 2014 The Baltimore Afro-American
More than 4,000 registered voters in Baltimore City have been removed from the voter rolls since the last federal election in 2012. But at Votefest 2014, an event sponsored by Radio-One to be held at Coppin State University on May 17, a number of organizations will look to register new voters as well as anyone whose registration may have been purged since that election.
The event comes just ahead of this year’s June 3 deadline for voting in the June 24 primary.
The state of Maryland has a multi-step process in place under which a registered voter can be removed from the active rolls. If a jury notice or any correspondence from a local board of elections to a registered voter is returned because that voter is no longer at his or her registered address and has not set up a forwarding address, the local board of elections will send a second correspondence to verify the address, according to Abigail Goldman, deputy director of the Baltimore City Board of Elections. If that second correspondence is also returned, the voter is placed on an inactive list.
Once placed on the inactive list, if that voter then fails to vote in the next two general elections, one gubernatorial and one presidential, he or she is removed from the roll of registered voters.
Since the 2012 presidential election, 4,246 people have been removed from the voter rolls in Baltimore City, Goldman said.
Because election years in which the presidency is not at stake tend to generate lower turnout than presidential elections, more Maryland residents may be at risk for removal from the rolls for their failure to participate this time around
“Quite frankly this campaign has been very dry, and the people are not as excited as we want them to be,” said Larry Young, an on-air personality with Radio-One, and the coordinator of Votefest 2014. Young will also be serving as one of the hosts, he said in an interview with the AFRO.
The 2008 and 2012 presidential elections saw 67 and 66 percent voter turnout in Maryland, according to the United States Elections Project, an elections research database created by George Mason University professor and Brookings Institution Senior Fellow Dr. Michael McDonald. However, the last two midterm elections in 2010 and 2006 saw that percentage drop to approximately 47 percent across the Old Line State.
For Young, the lack of voter engagement during mid-term elections is a mistake.
“If we do not see the voters come out in strong numbers around this country,” said Young, “we could very well see red states putting forth candidates and winning; that could beat the blue states, and that could lead the Obama administration to become [a] lame duck.”
According to Young, the goal for Votefest 2014 is to register at least 1,000 people. To that end, the Baltimore Urban League, the Baltimore City Branch of the NAACP, and the National Action Network—all co-sponsors of the event—will have booths available at the event where voters may register.
This is the first year in Maryland in which the primary election will be held in June rather than the fall, according to Tess Hill-Aston, president of the Baltimore City NAACP, giving community organizations less time to register voters prior to the election than they have had in the past.
“A lot of people are not used to the fact—or none of us are—that the primary has come so soon, so we’re trying to do the best we can to keep people pumped up,” said Hill-Aston.
In order to register to vote in the state of Maryland, an individual must be a U.S. citizen, a Maryland resident, and at least 16 years old, according to the State Board of Elections website. While anyone 16 years of age or older may register, voters must be 18 in order to cast a ballot.
Additionally, anyone with a past felony conviction is eligible to register and vote so long as he or she has completed any court-ordered prison term, including parole or probation. Anyone convicted of buying or selling votes, however, is not eligible.
Votefest 2014 will be held at the Physical Education Complex of Coppin State University, located at 2523 Gwynns Falls Parkway in Baltimore City. The event will run from 11 a.m. to 7 p.m., and feature activities for children, including a magic show, and performances by R&B, hiphop, jazz, gospel groups, comedians, and step dancing troupes. Candidates for office are also expected to be on hand to address those gathered regarding their candidacies.
- See more at: http://www.afro.com/sections/news/Baltimore/story.htm/?storyid=82719#sthash.oVAsJPM2.dpuf
WOLB AM 1010 kHz ND2 Daytime D B APP BALTIMORE MD US BMP-20050317ABQ 1.0 kW 54711 RADIO ONE LICENSES, LLC
Type Public Traded as NASDAQ: ROI Industry Entertainment Founded 1980
Headquarters Lanham, MD
Catherine Hughes, Chairperson and Founder
Alfred C. Liggins III, President & CEO
Products radio Baltimore WERQ 92.3 FM 1993 Mainstream urban WOLB 1010 AM
News/Talk WWIN 1400 AM Urban gospel WWIN 95.9 FM 1992 Urban adult contemporary