Del. Jon Cardin posted a letter to his constituents to Facebook that attacks the “negative smear campaign” regarding his attendance in the General Assembly. I guess Jon Cardin and Brian Frosh will not be having lunch together anytime soon.

The ball started rolling on this question when Baltimore Sun Reporter Luke Broadwater did a story entitled “Jon Cardin missed nearly 75% of votes in Annapolis.” (Note: I am quoted in the article suggesting that this might not be good for his campaign.)

Luke Broadwater investigated the committee votes of all three candidates for attorney general and found that:

General Assembly records reviewed by The Baltimore Sun show that during the 90-day legislative session, Cardin missed about 120 out of 164 committee votes — nearly 75 percent. The other two legislators running for attorney general missed few or no committee votes.

In his letter to constituents (posted in full below), Del. Cardin states:

Rather than focus on issues or qualifications, several personal attacks were made on me. By far, the most captivating negative attack was that I was a slacker, that I had missed “75% of the votes” in the General Assembly. . . . Over my 12 years in Annapolis, no one worked harder or tried to use his powers of persuasion to get legislative leaders to see alternative perspectives more than I. I was present for both Committee and House floor votes well-over 90% of the time, the 2014 session excepted.

This year, while I missed nearly no floor votes, no hearings, debates or amendments, I did miss nine committee voting sessions totaling 119 votes – all combined, less than 2 ½ hours of time.

He further repeats the reply that appeared in the Baltimore Sun article that he was present for over “90 percent” of floor and committee votes in past years:

I was present for both Committee and House floor votes well-over 90% of the time, the 2014 session excepted.

This year, while I missed nearly no floor votes, no hearings, debates or amendments, I did miss nine committee voting sessions totaling 119 votes – all combined, less than 2 ½ hours of time. The majority of these voting sessions occurred after 5:00pm with an unprecedented three voting sessions late on Friday afternoons when I head home to observe the Jewish Sabbath. Each evening except one I was with my wife, dealing with serious pregnancy health matters and/or my two year old daughter while my wife went to the doctor alone.

Del. Cardin said further that he had never explained all of this previously but should have done so in retrospect. Indeed, serious familial responsibilities would have been a potentially  effective political response to the several articles–not to mention Washington Post and Baltimore Sun editorials–highlighting his absenteeism.

As a result, I am left a bit puzzled. While I can understand the desire to keep the personal private, questions raised by reporters or other candidates about your record in previous office are within the bounds of fair play in anyone’s book. The Cardin campaign never stated that Broadwater’s article was inaccurate.

Del. Cardin undermines his case when he minimizes his level of absenteeism by trying unconvincingly to convert his 2014 absence from nearly 75% of committee votes to only “2 1/2 hours of time.” Committees are key decision makers in the General Assembly and votes there can be critical.

On the other hand, many will sympathize with both the toughness of campaigns (though the Cardin camp could play tough too) and the difficulties in balancing work and family responsibilities. Read the whole letter below and decide for yourself. I know that news articles (and definitely blog posts) don’t always have the whole picture.

Friends and Constituents of the 11th Legislative District:

For twelve years, I have had the honor of representing you in the House of Delegates. Thank you for putting your trust in me by electing me three times. This year, I ran for Attorney General and lost. For four weeks, I endured the most negative smear campaign seen in a Democratic Party primary in Maryland’s modern history, including accusations that I neglected my duties in the House of Delegates. Given the election results, it is clear that many believed the accusations. I made a mistake by not responding directly to the allegations when they were made. Now, I would like to set the record straight.

Rather than focus on issues or qualifications, several personal attacks were made on me. By far, the most captivating negative attack was that I was a slacker, that I had missed “75% of the votes” in the General Assembly. This is politics; I should have expected the other side to create a disparaging and disingenuous narrative to stick against me. Even so, I put my work ethic up against anyone’s in Annapolis. Over my 12 years in Annapolis, no one worked harder or tried to use his powers of persuasion to get legislative leaders to see alternative perspectives more than I. I was present for both Committee and House floor votes well-over 90% of the time, the 2014 session excepted.

This year, while I missed nearly no floor votes, no hearings, debates or amendments, I did miss nine committee voting sessions totaling 119 votes – all combined, less than 2 ½ hours of time. The majority of these voting sessions occurred after 5:00pm with an unprecedented three voting sessions late on Friday afternoons when I head home to observe the Jewish Sabbath. Each evening except one I was with my wife, dealing with serious pregnancy health matters and/or my two year old daughter while my wife went to the doctor alone. Needless to say, this was a difficult time for me and my family. The one voting session I missed, while not with family, I was in the community presenting legislative citations at the Baltimore Child Abuse Center and Maryland Israel Development Corporation.

As democrats, we have not only taken policy positions on more inclusion of men into nurturing responsibilities, but we actively champion legislation that requires male involvement in family matters. Ironically, when it came to demonstrating belief through modeling behavior, my party backers used it as a weapon to destroy me. As a working parent in a part-time citizen legislature, I balanced my family responsibilities with 119 non-controversial votes.

At the beginning of the legislative session, I informed my Chairwoman that I had made a commitment to spend as much time assisting my wife as possible while making sure my work as a legislator did not suffer. For this reason, my chair knew of my wife’s pregnancy and medical issues long before even my parents or in-laws. I told her if she needed me for a close vote, I would be there. I kept that promise to both my family and my constituents. I cast over 2700 votes in the 2014 session, attended every hearing and 100% of my subcommittee meetings where we marked up the bills and voted on ALL amendments. Paradoxically, a campaign strategy that focused on sullying the Cardin name and work ethic was necessary because focusing on democratic issues and values, like expanding sick leave to attend to relatives, likely would have bolstered my actions.

With 2014 being the most successful session of my career, defining me as absent from work 75% of the time was a lie that effectively changed the narrative. In fact, my colleagues saw me in Annapolis every day, all day. I arrived daily at 6:30am and left at between 5 and 6pm. What I did not do is frequent the nightly dinners and corporate receptions that many of my colleagues enjoyed. To the contrary, on the nine nights our votes were stalled, I lingered as long as I could, quickly grabbed a kosher sandwich and soda that my per diem permitted and then rushed out. Nevertheless, I was further attacked for [allegedly unethical] management of my budget.

Meanwhile, my bills to go after cyber sexual harassment, protect citizens from election fraud, protect children from domestic violence and make teenagers true lifesavers with Breanna’s Law are just a few of the issues that are making Maryland a better place for everyone. Again, it seems that few wanted to discuss these issues important in protecting Maryland’s families, but rather they wanted to falsely define me as an absentee legislator. And it’s disheartening this irony was not reported in the press.

I had hoped to bring my commitment to the protection of consumers, children and the environment to the Attorney General’s Office. Instead, I will be returning to private life at the end of the year. I made a conscious decision to run a 100% positive campaign for Attorney General, trying to move Maryland forward and not towards the DC culture of gridlock, smear and negativism. I may have lost the election because of the way I tried to balance my work in the Annapolis, my commitment to my family, and my ethical campaign. But, I do not regret the decisions I made. As I look to the future, I hope to continue to advocate for the issues that were the hallmarks of my twelve years in the House of Delegates while fulfilling my roles as a husband and father.

Here’s the bottom line: Even missing one vote is missing too many votes. I tried hard to balance my family responsibilities with my public responsibilities and remain quite proud of the work I did on behalf of my constituents. I am a positive person driven to fight against control-driven bullies who lack the confidence to permit the voiceless to be heard. It was an honor to serve on behalf of the citizens of Maryland, and it was a responsibility that I did not take lightly. Maryland needs ethical, independent thinkers to bring democracy, balance, fairness, dignity and respect to public service. If nothing else, I hope my loss illuminates on transcending a system where control and bullies trump transparency and principle.

I am committed to the the principles of the Democratic party and hope that Brian Frosh, a good democrat, prevails so that our vision for a better Maryland is realized

Sincerely,

Jon S. Cardin