Policy Brief: Open the Debates
A Proposal to Require Public Broadcasters to Include All Ballot-Certified Candidates in Statewide Debates
Executive Summary
Maryland voters deserve to hear from every candidate who will appear on their ballot. Yet Maryland Public Television and other state-funded broadcasters have routinely excluded qualified third-party and independent candidates from televised debates. They use arbitrary polling and fundraising thresholds to gatekeep democratic discourse.
A House Bill for the 2026 Maryland General Assembly, introduced by Delegate Gary Simmons (D), Anne Arundel, would change this. The bill requires any public broadcaster that hosts a general election debate to invite all candidates certified to the ballot for statewide office, as a condition of receiving public funds. Broadcasters that violate this requirement would lose state funding for the remainder of the fiscal year.
This is about accountability. If Maryland taxpayers fund public broadcasting, public broadcasting should serve all Maryland voters, not just those who support the two major parties.
The Problem: Arbitrary Exclusion from Public Debates
Maryland Public Television excludes ballot-certified candidates from televised debates using criteria that have nothing to do with legal qualification for office. Polling thresholds at 10% and arbitrary editorial standards give MPT veto power over who Maryland voters hear from on state-funded airwaves.
These thresholds create a self-reinforcing cycle. Candidates excluded from debates struggle to gain name recognition, which depresses their poll numbers, which justifies continued exclusion. Voters are told they have choices on their ballot while being denied the information necessary to evaluate those choices.
The problem is not unique to Maryland. Across the country, debate sponsors have used similar gatekeeping mechanisms to limit democratic discourse. But when the gatekeeper is a public institution funded by taxpayer dollars, the exclusion sends a clear message: some candidates are legitimate and others are not, regardless of their legal ballot status.
Background: How We Got Here
The exclusion of third-party candidates from debates is not a natural feature of democracy. It is a policy choice.
The Communications Act of 1934 established the FCC to regulate broadcasting in the public interest. In 1949, the FCC adopted the Fairness Doctrine, which for nearly four decades required broadcasters to cover controversial issues of public importance and present balanced viewpoints. However, a 1959 amendment to Section 315 exempted "bona fide news events," including debates, from equal-time requirements. This gave broadcasters discretion over who participates.
When the FCC eliminated the Fairness Doctrine on August 4, 1987, this discretion expanded further. That same year, the Commission on Presidential Debates was founded by Frank J. Fahrenkopf, Jr. (Chairman of the Republican National Committee) and Paul G. Kirk, Jr. (Chairman of the Democratic National Committee). The CPD established polling thresholds that have excluded every third-party candidate since Ross Perot participated in 1992. Perot himself was excluded when he ran again in 1996.
State public broadcasters have largely followed this model. Maryland Public Television receives approximately $13.8 million annually in state appropriations and has adopted similar exclusionary practices. In 2022, the only televised gubernatorial debate featured only the Democratic and Republican nominees, excluding three other ballot-qualified candidates.
The 2026 gubernatorial election presents an opportunity to change this pattern. With Delegate Simmons' bill, the General Assembly can establish that public funding comes with public responsibility.
Proposed Solution
This bill would add Section 24-208 to the Education Article of the Maryland Annotated Code, establishing clear requirements for public broadcasters that hold debates:
A public broadcaster that holds a debate between candidates for statewide office:
(1) Shall invite to participate all candidates for that statewide office who are certified to the ballot in the general election in accordance with the applicable provisions of the Election Law Article;
(2) Shall provide equitable opportunity to each participating candidate to contribute and respond in the debate; and
(3) May not condition eligibility for or invitations to the debate on campaign fundraising metrics, party affiliation, or polling metrics.
The bill includes sensible exceptions for write-in candidates and candidates who have suspended their campaigns. Broadcasters that violate these requirements would be prohibited from using or receiving state funds for the remainder of the fiscal year. Those funds would be reappropriated to other programs.
The bill is designated an emergency measure. It requires a three-fifths vote but takes effect immediately upon passage.
Arguments for the Open Debates Bill
Democratic Accountability
Public broadcasters receive public funds to serve the public interest. That interest includes informing voters about all their choices, not curating those choices based on private polling or fundraising metrics. If Maryland certifies a candidate to the ballot, Maryland's public broadcasters should give voters the opportunity to evaluate that candidate.
Breaking the Exclusion Cycle
Polling thresholds create a catch-22. Candidates need debate exposure to build name recognition. But they need name recognition to meet debate thresholds. By removing this barrier, the bill ensures that ballot access determines debate eligibility. Ballot access is the legal standard the state itself establishes.
Voter Information, Not Gatekeeping
Voters have a right to information about their choices. When debates exclude legally qualified candidates, they deny voters the context necessary for informed decision-making. Whether a voter ultimately chooses a major-party candidate or a third-party alternative, that choice should be made with full information.
Constitutional Consistency
Maryland law establishes rigorous requirements for ballot access. Meeting those requirements represents a significant achievement that demonstrates candidate viability and voter support. The bill simply requires public broadcasters to respect the state's own standards for who belongs on the ballot.
Fiscal Responsibility
The enforcement mechanism ensures accountability without creating new bureaucracy. Broadcasters that violate the requirements lose state funding. They retain full editorial discretion about whether to hold debates; they simply cannot use public funds while excluding publicly certified candidates.
Take Action
Tell your legislators to support the Open Debates bill. Every Maryland voter deserves to hear from every candidate who will appear on their ballot. Taxpayer-funded broadcasters should serve all taxpayers, not just those who support major parties.
