Facing criticism over their Election Day plans, Democratic Party officials said yesterday they would consider paying workers to get out the vote in a strictly nonpartisan manner.
Democratic officials had initially hoped to pay more than 1,000 campaign workers between $75 and $100 Tuesday to help get voters to the polls in support of Democrats.
But those plans have been challenged by Republican gubernatorial candidate Robert L. Ehrlich Jr. because it is illegal under Maryland law to pay people to work on Election Day on behalf of a political party or candidate.
State election law banned "walking-around money" -- once a staple of Maryland politics -- in the late 1970s. The law makes it a misdemeanor to distribute or accept money for Election Day work, with the exception of reimbursement for food or telephone calls to voters.
David Paulson, spokesman for the state Democratic Party, said the party is hoping to avoid legal challenges by hiring workers to get out the vote without mentioning a party or candidate.
But the legality of that proposed strategy is under review.
State Prosecutor Stephen Montanarelli threatened Friday to shut down the Democrats' effort after fliers offering to pay election workers $75 were discovered in Prince George's County. Democrats said the effort was legal because they were acting only on behalf of congressional candidates.
Yesterday, Montanarelli asked the attorney general's office to clarify election laws on the issue.
The office was reviewing yesterday whether the prohibition on walking-around money applies to congressional races and nonpartisan efforts to get out the vote. It expects to have a ruling today.
"We are addressing a whole array of issues," said Deputy Attorney General Carmen M. Shepard. "We are dealing with issues we have never been asked before."
A potential showdown could occur this morning at Western High School in Baltimore, when the Democratic Party plans to mobilize and train its cadre of workers for Tuesday.
Montanarelli said yesterday prosecutors intend to go to the school and shut down the event in the absence of a clear ruling from the attorney general's office.
"We are going to appear and tell these people they cannot pay under the auspices of training with the understanding they are going to work Election Day," Montanarelli said.
Paulson said Montanarelli does not have the authority to shut down the event. "We will be there," Paulson said.
Several types of fliers have been distributed around the state offering to pay workers at least $75 to work on Election Day. The Townsend campaign has denied any connection with the effort, saying the Democratic Party is conducting it.
Paulson acknowledges the party distributed fliers Thursday at a Townsend rally at Bowie State University. When called Friday, workers answering phones listed on those fliers said they were rounding up voters for Townsend.
When Montanarelli learned of the operation Friday, he said it was illegal. But lawyers for the Democratic Party contacted Montanarelli yesterday and argued that state election laws should not apply because workers would be promoting only congressional candidates.
Paulson said that if the attorney general does not allow them to distribute partisan literature for congressional candidates, they still plan to go door to door urging people to vote.
"We will do a strictly generic, general, get out the vote," Paulson said.
Townsend vowed yesterday that the Democratic Party will stay within the law.
"We will be scrupulous," she said.
Sun staff writers David Nitkin and Howard Libit contributed to this article.