ELECTIONS
Follow-up from previous Session:
In the late hours of the 2007 Session, Maryland's legislature passed a voting systems reform act (SB392) mandating more reliable and secure optical scan voting technology by 2010. However, the voting system switch was made contingent on funding in the coming fiscal year. Governor O’Malley has included in the 2009 budget funding to accomplish the switch from DRE voting equipment to optical scan voting equipment by 2010.
Senator Colburn has introduced SB 34 – Election Law – Voter Registration – Proof of Citizenship which would require voter registration applicants to submit proof of citizenship at the time of registration, which could include a birth certificate, passport or government issued document showing applicant is naturalized citizen. Senators Harris, Colburn and Greenip have introduced SB 136 – Election Law – Qualification of Voters – Proof of Identity which would require voters to present a current and valid government issued photo identification at the polling place in order to vote a regular (not provisional) ballot. LWV opposes these additional impediments to voting on the grounds that such laws disproportionally affect minority voters, elderly voters and poor voters and because there is little evidence that registration fraud or vote fraud has occurred to warrant creating such additional burdens to voters.
SB 54 – Voter’s Rights Protection Act of 2008, submitted by Senators Gladden, Conway, Dyson and Exum and cross filed with HB 102 submitted by Delegate Rosenberg have been filed again this year. This legislation expands a Chief Election Judge’s authority to issue a provisional ballot, requires that a polling place that opens more than one hour late shall remain open later and places limits on the activities of challengers and watchers. Additionally, the bills prohibit distribution of campaign material containing false information or attempting to influence a voter or prevent the voter from exercising the right to vote.
In an effort to put an end to the confusion that has arisen recently regarding the right of 17 year olds to vote, Senator Raskin and fifteen other senators have introduced SB 92 – Elective Franchise – Youth Voter Registration and Participation in Elections. This legislation would place on the General Election ballot in 2008 a Constitutional Amendment that would allow 16 year olds to register to vote, and allow 17 year olds to vote in a primary election if they will be 18 years old by the date of the General Election. The League will support this legislation because it will clarify confusion over this issue that arose when the Court of Appeals’ ruling in the Early Voting case appeared to make illegal the 40-year practice in Maryland of allowing 17 year olds to vote in a primary election if they will be 18 by the date of the General Election. The Attorney General has recently opined that political parties have a First Amendment right to determine who can vote in their party election, so 17 year olds can once again vote, but only for party candidates. Allowing 16 year old to register would likely increase the number of young registrants because more of them could be encouraged to register while still in school.
Senator Kelley and six other senators have filed SB 73 – Election Law – Rotation of Candidates Names on the Ballot. The bill requires the State Board of Elections to adopt regulations relating to the rotation of the names of candidates of the same political party seeking an office. Currently, candidates are listed by political party in alphabetical order.
Lu Pierson