It's a clear case of political irony

THE BALTIMORE SUN

"Sure is ironical," Gov. William Donald Schaefer probably would say, if he thought about it.

His old nemesis, Republican Ellen R. Sauerbrey -- the minority voice of opposition on the floor of the Maryland House of Delegates for the last eight years -- could very well allow the lame-duck governor to keep flexing his political muscle.

A legal challenge to the Nov. 8 general election by Mrs. Sauerbrey could mean that Mr. Schaefer stays in office until the matter is finally put to rest, leaving the General Assembly no choice but to chew on another Schaefer budget and giving the governor a say -- and lots of leverage -- over pending appointments.

"The governor's going to remain in command until his final day in office . . . which we expect to be Jan. 18," said Paul E. Schurick, Mr. Schaefer's chief of staff.

But what if he cannot turn over the reins of power Jan. 18 to Gov.-elect Parris N. Glendening?

"It's unchartered legal territory, but it's my understanding that the governor would remain in office," Mr. Schurick said.

His understanding is correct, the attorney general says, thanks to a common-law principle known as the "hold-over doctrine," which provides for the incumbent in some offices to remain there until the successor is qualified.

The outgoing administration is developing a detailed budget for next year, and Mr. Schaefer's department heads are preparing legislation for the next session of the General Assembly.

For Mr. Schaefer to stay in office beyond Jan. 18, Mr. Glendening would have to be stopped from being inaugurated -- a multi-step process, but one that is quite possible and quietly anticipated in some circles.

It is expected that Mrs. Sauerbrey, who lost the governor's race by a 5,993-vote margin to Mr. Glendening, will challenge the outcome by filing lawsuits in both state and federal courts before the deadline next Tuesday, alleging that fraud and irregularities tilted the election to the Democrats.

If suit is filed, she surely will try to prevent the Democratic-controlled House of Delegates Jan. 11 from blessing Mr. Glendening's win -- a role the Maryland Constitution provides the legislature's lower house by making it the sole and final arbiter of challenges in gubernatorial elections.

(The Republicans will not be fooled again, as they were in 1876 -- the last time a governor's race was challenged -- when the majority Democratic House inaugurated Democrat John Lee Carroll governor, despite a challenge by the GOP loser, J. Morrison Harris. The Republican alleged widespread voter fraud in Baltimore amid the rioting and irregularities that accompanied the November 1875 election, but was assured he could challenge the results after Mr. Carroll was seated. Not so.)

To prevent Mr. Glendening's swearing-in, Mrs. Sauerbrey and her lawyers will have to convince a judge that a full examination of the Election Day irregularities is needed before the new governor takes office.

The judge would have to issue an order forbidding action by the House, as well as Mr. Glendening's being inaugurated, pending a decision.

So what could the state expect in Mr. Schaefer's Lazarus-like extra days as governor?

Aside from his budget proposal, which is expected to commit nearly every penny the state anticipates in revenue next fiscal year, Mr. Schaefer could have his way with a number of appointments awaiting the next governor.

For instance, Mr. Schaefer has no love for Baltimore Mayor Kurt L. Schmoke or his political adviser Larry S. Gibson -- both of whom Mr. Glendening owes for delivering the city vote. Already, the post-election Schmoke connection is clear from those city folks named by Mr. Glendening to his transition army.

So, Mr. Glendening could ask Mr. Schaefer to sign off on a handful of patronage appointments or name a Cabinet secretary here and there as a favor to Messrs. Schmoke and Gibson, only to have the governor balk.

So, if a court agrees to rain on Mr. Glendening's inaugural parade and Mr. Schaefer is held over, the governor will have Mrs. Sauerbrey -- "that woman," as he calls her -- to thank.

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