Maryland: State to appeal ruling on voting by disabled | Baltimore Sun

The state attorney general's office is appealing a federal judge's ruling ordering Maryland to use an absentee ballot-marking technology for the disabled that the Board of Elections had refused to certify as secure. The state will ask the 4th U.S. Circuit Court of Appeals in Richmond, Va., to throw out District Judge Richard D. Bennett's decision this month. Bennett found that the election board's refusal to implement the program violated the federal Americans with Disabilities Act. The attorney general's office filed a notice of intent to appeal Monday but did not spell out its objections to the ruling. Alan Brody, a spokesman for the office, said the state is not requesting a stay of Bennett's ruling. The decision not to seek a stay means this year's election will go forward with the system in place, according to Brody. Nikki Baines Charlson, deputy administrator of the elections board, said the system has been installed and is being used now by disabled absentee voters. "We will continue to use it until the court tells us otherwise," Charlson said. She referred further questions to the attorney general's office.

Maryland: Back to the future voting: Elections board demonstrates new paper ballot | Maryland Reporter

Maryland’s Board of Elections put on a demonstration last week of two potential voting systems that will have voters producing paper ballots again for the 2016 Presidential Primary Election. At the University of Baltimore, citizens could test drive the Everyone Counts and ES&S (Elections Systems & Software) universal-voting systems that will produce paper records readable by optical scanners in every precinct. A 2007 Maryland law required the State Board of Elections to have a paper record of each ballot to be used to efficiently for later audits or potential recounts. State election officials insisted the current touch-screen computerized voting was accurate and reliable, and less prone to voter error.

Maryland: University officials shut down online voter registration system following data breach | The Diamondback

Registering to vote in the November election will require extra steps for students on the campus this year, after university officials shut down the electronic voter registration system following the February data breach. The system, developed before the 2012 election, allowed students to register to vote online by using their campus address, regardless of where they hailed from. There was also a prominent link to registration on the Testudo website, allowing students to complete the process in seconds before voting at Stamp Student Union. But this year, students will need to fill out paper registration cards and drop them in to boxes around the campus. “It’s going to be a lot harder, it kind of puts another barrier to entry,” said Student Government Association President Patrick Ronk. “It used to just be when you signed in to check your classes, it would be bold ‘register to vote now,’ and all you had to do was click-click, and you’re registered to vote. Now you have to go get a card, fill it out and drop it off. So it’s not as easy.” A record 4,000 students registered to vote on the campus and 2,327 registered using the online system for this past election, said John Zacker, the student affairs assistant vice president.

Maryland: Judge orders Maryland to adopt online voting tool | Baltimore Sun

A federal judge in Baltimore ordered Maryland election officials to adopt an online absentee voting tool in time for this year's general election, a move designed to make it easier for disabled voters to cast ballots. Opponents of the system — including computer security experts — have warned it could lead to voter fraud or privacy breaches. The tool, developed in house by the State Board of Elections, allows disabled people to receive their ballot over the internet and fill it out on a computer. The completed ballot must be printed and mailed to an elections board. Attorney Jessica Weber, who represents a group of voters as well as the National Federation of the Blind, said during the trial that her clients are currently "being denied meaningful access to voting." In a 33-page ruling issued Thursday, Judge Richard D. Bennett agreed and ordered the state to adopt the system. "This Court finds that Plaintiffs have been denied meaningful access to the State's absentee ballot voting program as mandated by the Americans with Disabilities Act and the Rehabilitation Act," he wrote. The ruling applies only to this year's election.

Maryland: Testimony ends in federal online ballot tool case | The Washington Post

A judge said Tuesday that he expects to rule “very quickly” on a lawsuit seeking to force Maryland officials to implement an online ballot-marking tool for the blind, a case that could impact other states that don’t use the tool. Lawyers for the National Federation of the Blind are hoping to have the tool in place in time for November’s elections. Their lawsuit, filed in U.S. District Court in Baltimore, contends that the state is in violation of the Americans with Disabilities Act for not using the technology, which they say would safeguard blind voters’ privacy. During three days of testimony that wrapped up Tuesday, Maryland Assistant Attorney General Dan Friedman argued that officials should not be forced to use something that has not been certified by the Maryland State Board of Elections. And another advocacy group for the blind, the Maryland chapter of the American Council of the Blind, said they think the tool could be vulnerable to hackers.

Maryland: Federal judge rules lawsuit on online ballot access for the blind will go forward | Associated Press

A federal judge says he has heard enough evidence that disabled residents can't take full advantage of absentee voting to press ahead with a lawsuit filed by the National Federation of the Blind against the state of Maryland. U.S. District Judge Richard Bennett denied a request by a state attorney to rule Thursday on the lawsuit over voting rights for people with disabilities. Bennett ruled that the case against the state of Maryland will go forward in an effort to determine whether the state should be required to implement an online ballot-marking system designed to protect the privacy of blind voters in November's election. Lawyers for the National Federation of the Blind rested their case against the state Thursday. The organization contends Maryland is violating the Americans with Disabilities Act, because it fails to safeguard the guaranteed right to privacy when voting.

Maryland: Ballots for blind residents case heard in court | The Washington Post

A federal lawsuit to require the state of Maryland to provide online absentee ballots designed to protect the privacy of blind and disabled voters went before a federal judge on Wednesday. The ballot-marking system enables the blind to mark their voting selections on a computer. Then, they would print out their ballot as a bar code that could not be read by someone who mails the ballot in for them. Attorneys for the American Federation of the Blind, which filed the lawsuit, are trying to persuade U.S. District Judge Richard Bennett to require Maryland to use the ballots in November’s election. Sixteen other states use the tool. However, attorneys for the American Council of the Blind in Maryland argued in court against implementing the Web-based ballot-marking system, saying it is subject to fraud and computer hackers.

Maryland: On-line voting battle pits the blind vs. the blind | McClatchy DC

Maryland’s Board of Elections fell one vote short last year of the super-majority needed to inch the state toward online on-line voting, despite cyber experts’ warnings that such balloting could easily be hacked, with votes even switched to other candidates. Now, three months before this fall’s elections, the issue has morphed into a legal battle pitting the blind vs. the blind. It’s a fight with plenty of intrigue behind it and nationwide implications in the debate over whether cyber security is ready for electronic voting. The National Federation of the Blind Inc., which touts itself as the recognized voice of blind Americans and their families, filed a federal court suit in May seeking to compel the state elections board to make its newly developed online ballot-marking system available so that all disabled people could cast absentee ballots via the internet this fall. It’s a suit that likely wasn’t unwelcome to the three board members who voted to implement the system and to state Election Director Linda Lamone, a big advocate of electronic voting. But over the weekend, the American Council of the Blind of Maryland, along with three blind residents and two nonprofit groups that have fought internet voting, intervened in the case filed in Baltimore. They contend that the board’s online balloting tool is both flawed and insecure.

Maryland: Blind voters suing elections board in hope of online ballot | Maryland Reporter

A blind voter who had a “horrific” experience voting during the primary election has filed a new complaint against the state election board, adding to the list of grievances in a lawsuit initiated by the National Federation of the Blind in May. One of the original plaintiffs, Janice Toothman, is seeking an unspecified amount of damages for what she says was a bungled voting experience that left her without the ability to vote privately or independently. Toothman, 52, is deaf and blind with a limited ability to hear. … Election officials eventually determined Toothman’s voting card was not properly programmed as a “non-visual ballot,” an observation Toothman originally offered. Toothman’s voting card was updated which allowed for sound in the headset, but Toothman said she had difficulty hearing due to background noise in the voting station and the low volume of the head set.

Maryland: Elkridge company tasked with statewide shipping, security for voting booths | Baltimore Sun

Early one morning last week, Jack Kane was pacing around a Glen Burnie warehouse, reviewing paperwork and checking equipment to make sure everything was in order to deliver scores of voting machines to regional polling stations. Kane, 26, is the Anne Arundel County project manager for the Kane Co., an Elkridge-based firm that's transporting some 16,000 voting machines to nearly 1,800 voting centers throughout Maryland. Security is a top priority, and part of Kane's job involves making sure machines don't get tampered with. Before trucks are sent out, seals marked with serial numbers are placed on the machines and the truck door latches to note each time they have been unlocked. Those who break the seals must sign off when they do so, and a state board employee later reviews the tags and records.

Maryland: Advocates for blind sue state elections board | Baltimore Sun

The National Federation of the Blind has sued Maryland election officials, charging that their April decision not to approve a system that would make it easier for disabled people to cast absentee ballots privately violates federal law. The Baltimore-based federation filed suit this week asking the U.S. District Court to order the State Board of Elections to provide that technology in time for the June 24 primary election. "The right to a secret ballot that can be filled out privately and independently is just as important to people with disabilities as it is for other voters," said federation spokesman Chris Danielson. The board decided April 24 to overrule its professional staff's recommendation that it allow the use of ballot-marking technology, an electronic tool that allows a blind person or someone who doesn't have use of their arms to mark their absentee ballots on their computers before printing them out and sending them in. Special audio systems can help disabled voters who go to the polls, but some blind and other disabled voters say they have had to ask for help in casting an absentee ballot. Board members were swayed by arguments by some computer scientists and ballot security advocates that the system has shortcomings that would open the door to widespread voter fraud. The decision outraged advocates for the disabled because they had worked with the elections board staff for months to help develop the technology.

Maryland: Online ballot tool goes uncertified over IT security concerns | Maryland Reporter

Wary members of the state election board said they could not certify a new voting system for use in the June primary election until more security measures are put in place. State election officials were hoping to certify a new online ballot marking tool that could be accessed when downloading a ballot online — a feature that is currently available to all voters. But board members were troubled by an IT security assessment conducted for the state by a firm that has never performed Internet security tests on election systems. The Largo-based company, Unatek, Inc., also didn’t study voter fraud risks at the front end of the voting system where ballots are requested online. Legislation passed last year required the state to certify the new voting system in order to facilitate some disabled voters and add to the state’s scope of online voter services. Part of the certification requires the state to deliver a secure ballot while maintaining a voter’s privacy. For years, voting advocates have been sounding the alarms that the state’s online voter service systems are highly vulnerable to Internet attacks and voter fraud.

Maryland: Elections chief predicts smooth absentee voting | Baltimore Sun

Maryland's top elections official expressed confidence Friday that the state will deliver absentee ballots to voters smoothly and on time despite a change in plans ordered just two months before the June 24 primary. The State Board of Elections decided this week not to move forward with a system that would have allowed voters who receive an absentee ballot through the Internet to mark their choices on a computer screen before printing the ballot and mailing it in. Linda H. Lamone, administrator of the elections board, said the agency will do what is needed to comply with the decision of the five-member panel. … Lamone and her staff have interpreted the board's action as preventing them from offering the ballot-marking function — which had been eagerly anticipated by advocates for the disabled — but allowing them to go forward with the part of the system that would let any voter go online to ask for and receive an absentee ballot over the Internet. If that interpretation stands, the board decision will be a hollow victory for election security advocates who had opposed both parts of the system. Michael Greenberger, a University of Maryland law professor, said the delivery system opens the door to election fraud much wider than the marking tool would have. Greenberger contends that the two systems are inseparable and that the board's decision to offer online delivery is inconsistent with state law. He said he does not plan to sue.

Maryland: Online ballot system in question after Board of Elections action | Baltimore Sun

The future of a system that would let voters download absentee ballots before mailing them in was cast into doubt Thursday when the State Board of Elections refused to move forward with part of the plan amid fears it would open the door to widespread fraud. The five-member panel declined to certify a system for marking the ballots on a computer screen despite assurances from its staff that the system was secure and ready to be used in this year's June primary and November general elections. No formal tally was taken, but it was clear the approval was two votes short of the four-vote supermajority required. Both Republican members opposed the certification, and they were joined by one of the three Democrats. Opponents of the system were jubilant over the outcome. "Sanity prevailed," said Michael Greenberger, a University of Maryland law professor and founder of its Center for Health and Homeland Security. "If this system had been adopted, Maryland would have had a voting system that was the most subject to fraud in the country."

Maryland: Absentee ballots moving online causes security concerns | Maryland Reporter

Voters may get to skip the lines at the polls this summer by receiving and marking their ballots online, but election officials must first decide if the convenience outweighs the security risks. The State Board of Elections will vote this month on using a new online ballot marking system, which includes electronic delivery of absentee ballots, in the June 24 gubernatorial primary election. But voter advocates and security hawks warned in recent months that poor authentication methods — as well as inconsistent online requirements — make the system vulnerable to voter fraud. For one online ballot request option, requesting an absentee ballot requires only a voter’s name and date of birth. For another, the voter’s driver’s license number, issuance date and last four digits of their social security number is required. Information for either format can be easily obtained, advocates say. Under Maryland’s “no-excuse” absentee voter policy, any voter can request an absentee ballot without providing a reason for needing one.

Maryland: Baltimore legislator wants to invite third parties to the political process | Baltimore City Paper

Baltimore City state Sen. Bill Ferguson (D-46th District) is worried about the state of democracy in Baltimore, across Maryland, and countrywide. “Voting is the fundamental building block of any democracy,” he says, “and the numbers of those voting is a smaller percentage than it should or could be, particularly if you look at age cohorts of young and middle-aged voters.” This creates a “looming” problem for democracy, he concludes, so lawmakers need to find “new ways to reach citizens no matter their political persuasion,” so that society has “an informed populace that engages in the process” of electing its leaders. The dismal state of voting affairs in Baltimore City were made manifest, to much public hand-wringing, in the 2011 mayoral election. In the Democratic primary—the tally that, by default, determines the winner in this nearly one-party burg—victor Stephanie Rawlings-Blake got 38,829 votes, 8 percent of Baltimore’s voting-age population. Less than 10 percent of some districts’ electorates backed the winners in the City Council races.

Maryland: Experts remain concerned about Maryland election fraud threat | Baltimore Sun

By now, just about everyone connected to the Internet is familiar with this process: Required to fill out and sign a form of some kind, you ask for and receive a hyperlink via email. You open the link, find the form you need (perhaps a pdf), download it, print it, fill it out and mail it off. That's a common practice, though increasingly old-school by today's online standards. There doesn't seem to be anything particularly risky about the transaction; few would think twice about conducting business that way. But while integrity is important in all transactional realms, it rises to precious when we're talking about voting. And that's why a similar process, new this year and slated to be part of Maryland's primary election in June, has some civic-minded computer security experts sounding alarms about the potential for fraud. … The three experts who wrote to the board about this in 2012 were David Jefferson, a computer scientist based at the Lawrence Livermore National Laboratory in California; J. Alex Halderman, assistant professor of electrical engineering and computer science at the University of Michigan; and Barbara Simons, a retired IBM computer scientist and an expert on electronic voting. They are part of network of vigilant computer security experts who independently assess state elections systems and report their concerns.

Maryland: Montgomery County voting task force to consider automatic voter registration with driver’s license | Maryland Reporter

Drivers could be automatically registered to vote when they apply for their license, according to a proposal under consideration by a voting rights task force in Montgomery County. Current federal law requires Motor Vehicle Administration employees to ask customers if they would like to register to vote or update their voter registration information during their driver’s license or photo identification card applications. Montgomery County Council President Nancy Navarro, D, is spearheading the task force. A resolution calling for measures to expand voting participation in the county and the state was unanimously approved by Montgomery’s nine-member council in September.  The proposed members of the task force are at the bottom of this story. Switching to “opt-out” voter registration was the only item the council’s resolution explicitly charged the task force with considering that would require action by the Maryland Board of Elections or the General Assembly, according to Ken Silverman, senior legislative aide to Navarro. While local governments have limited authority in making election law, Montgomery has been known to be a catalyst in affecting state law.

Maryland: State prepares move back to paper ballots for elections | Maryland Reporter

Local election officials are already expressing uncertainty about what could go wrong when the state switches from an electronic voting system to using paper ballots in the next two years. By the 2016 presidential elections the state will replace touch-screen machines and make a fundamental shift to the way voters cast ballots. “This is a big transition for us,” said Montgomery County Board of Elections Deputy Director Alysoun McLaughlin. “Everything from set up, to warehouses, to the voting experience is based around touch screen [voting] machines.” McLaughlin attended a demonstration last week in Baltimore where Dominion Voting Systems showcased a paper ballot scanning unit to local elections officials that the state will consider purchasing for use in 2016. … State election officials would not provide an estimate of the cost to transition the state to the new paper voting system. Instead, the state board referred to a 2010 study conducted for the state by RTI International which estimated that initial implementation would cost approximately $37 million. The initial implementation costs would include optical scan voting units, ballot marking devices for the disabled, ballot on demand printers and booths and carts.

Maryland: Absentee ballots downloaded online raise security issues, as does Election Day voter registration | MarylandReporter.com

A new Maryland law allowing voting by mail with a ballot downloaded online has some voter advocacy groups alarmed that adequate security measures will not be in place for the 2014 elections. Election Day voter registration and the future of online voting were also among the hot button issues debated at a forum this week, hosted by the Maryland League of Women Voters in Annapolis. The bill, Election Law – Improving Access to Voting, extends the right to all Maryland absentee voters to download and mark their ballots online. Ballots would then be mailed in to local election boards rather than tallied online. Previously only overseas voters and military personnel were allowed by law to obtain and mark ballots on the Internet. Under Maryland’s no-excuse absentee voting law, any Maryland voter is allowed to receive an absentee ballot without having to provide a reason for being absent on Election Day. Cyber-security hawks like Rebecca Wilson of SAVE our Votes said Maryland has no process for examining voter’s handwritten signatures that are required for all the new potential mailed in absentee ballots. “Maryland is moving increasingly to vote by mail,” Wilson said. “How does the [election official] know the person on the computer is the real voter?” Wilson cited four western states that either vote entirely by mail — Washington and Oregon – or by a large percentage – California and Colorado.

Maryland: Fourth Circuit dismisses political consultant’s challenge of illegal Election Day robocall | Baltimore Sun

A federal court on Monday rejected political consultant Julius Henson's appeal of a $1 million civil judgment against him for an illegal Election Day robocall. The U.S. Fourth Circuit Court of Appeals upheld a decision that Henson, his company, Universal Elections Inc., and an employee violated the Telephone Consumer Protection Act with a November 2010 automated campaign message to more than 112,000 Democratic voters in Maryland. In the case brought by Maryland Attorney General Douglas Gansler, the state argued that the call was designed to suppress black votes. The message failed to include information on the call's sponsor. Henson was employed by former Gov. Robert L. Ehrlich Jr., a Republican, who unsuccessfully challenged Gov. Martin O'Malley for re-election.

Maryland: Misdemeanor convicts mistakenly struck from voter rolls | Baltimore Sun

About 1,500 people with misdemeanor convictions were mistakenly dropped from Maryland's voter rolls over the past five years, state judiciary officials confirmed Friday. A computer system incorrectly lumped those voters in with felons, who are stripped of their right to vote until their sentence is completed, said Terri Bolling, a spokeswoman for the Maryland Judiciary. People convicted of misdemeanors retain their right to vote in Maryland. Officials said they are fixing the error, discovered in part by former Anne Arundel County Executive John R. Leopold. Leopold was convicted in January of two counts of misconduct in office — a common-law misdemeanor — for directing his staff and police officers to carry out personal and political tasks, including emptying his catheter bag. He resigned from office and has appealed the convictions.

Maryland: Julius Henson “Robo Call” Verdict Affirmed by Marylan Appeals court | Afro

Maryland's second-highest court has affirmed the verdict in the election fraud trial of a campaign consultant involving Election Day automated calls that prosecutors said were aimed at keeping Black voters from the polls. Julius Henson worked for former Republican Gov. Robert Ehrlich's campaign during his 2010 rematch with Democratic Gov. Martin O'Malley. Last year, a Baltimore jury convicted him of conspiring to send robocalls without an authority line that explained who sent the message. He appealed, arguing that the verdict was inconsistent and the application of the election law was constitutionally vague. The Court of Special Appeals disagreed with both questions in a ruling filed last week. It also found that the jury instruction was not erroneous and a sentence barring participation in politics during probation was legal. "This case presents us with a sad tale," wrote Judge Albert J. Matricciani, for a three-judge panel that ruled on the case.

Maryland: Election Chief Says Early Voting Proposal Reverses Fraud Protections | Chestertown Spy

Two lawmakers want to increase turnout by extending early voting through the Sunday before Election Day, a move election officials say would wipe out safeguards that keep people from voting twice. House Ways and Means Committee Chair Sheila Hixson, D-Montgomery, and Del. Jon Cardin, D-Baltimore County, wrote a letter to state elections administrator Linda Lamone June 6 asking for the change. Cardin serves as the Ways and Means subcommittee chairman for election law and is a probable candidate for attorney General in 2014. The delegates argued an extra weekend could increase voter turnout. “Maryland’s early voting period remains one of the most limited in the nation,” Hixson and Cardin wrote. “The Brennan Center for Justice recommends allowing early voting on the weekend before Election Day, because early voting turnout increases as public excitement and media coverage of the election build as Election Day approaches.”

Maryland: In Takoma Park, starting the voting habit early | Baltimore Sun

Last week, the Takoma Park City Council voted 6-1 to change its charter to become the first city in America to lower the voting age to 16. While we are the first city to adopt this policy, we have little doubt that others will follow. Maryland already has been a national leader in extending voting rights to younger voters when it opened its primaries years ago to 17-year-olds. That practice has spread to more than 20 states, and the case for a lower voting age in local elections is similarly strong. The context for action was an accompanying measure backing an affirmative right to vote in the Constitution and local actions in support of suffrage. A task force will address why — like many cities, including Baltimore — Takoma Park has local election turnout rates below 20 percent, with large disparities based on age and neighborhood. The city will also establish Election Day voter registration and extend voting rights to more people with past felony convictions, and may adopt Minnesota's policy of ensuring that candidates have access to apartment buildings to talk with residents.

Maryland: Takoma Park might not be last city to grant teens right to vote | Gazette.Net

When Takoma Park’s next election day arrives in November, the lines of voters ready to cast their ballots for the City Council will include a new set of voters making history. During its Monday meeting, the Takoma Park City Council passed a series of city charter amendments regarding its voting and election laws, including one allowing 16- and 17-year-olds to vote in city elections. With Monday’s vote, Takoma Park became the first city in the United States to lower its voting age — which was previously 18 — to 16. Jennifer Bevan-Dangel, executive director for the political advocacy organization Common Cause Maryland, said the city’s decision marks “a really important step forward” and “a perfect way to get the youth vote mobilized.”

Maryland: Maryland teens lead national movement to lower voting age | Washington Times

A national movement to grant more teens the right to vote scored its first victory this week with the passage of legislation in Takoma Park, to lower the voting age in municipal elections to 16. But momentum continued Wednesday as advocates in Massachusetts spoke at the State House in favor of allowing 17-year-olds to vote. Activists have made a number of attempts across the country in recent years to grant more teens access to the polls. They point to the change in Takoma Park as a potential springboard for movements elsewhere. “This is, in legislation terms, the first real big step,” said Jeffrey Nadel, president of the D.C.-based National Youth Rights Association, which lobbied for the legislation in Takoma Park. “We’re excited that this will be the spark that lights the fuse for change across the country.”

Maryland: Takoma Park Says 16 Is Old Enough To Vote | NPR

If you're old enough to drive, are you old enough to vote? You soon will be if you live in Takoma Park, Md. The famously progressive suburb of Washington has just extended voting rights in municipal elections to 16- and 17-year-olds. Takoma Park was the first city in the country to take such a step, but its action is part of a larger trend toward letting people vote earlier. "We're not the first community to talk about the idea and I doubt we'll be the last to adopt it," says city council member Tim Male, a cosponsor of the measure, which passed on Monday. The Massachusetts Senate on Wednesday held a hearing on the question of allowing municipalities to extend the franchise to citizens younger than 18, as the Lowell city council has twice attempted to do.

Maryland: Takoma Park lowers voting age to 16 | WJLA.com

All councilmembers and the mayor are up for re-election in Takoma Park, and they’ll now have to answer to a new constituency. “It’s a small place and we’re trying to make it possible for more people to part of our city government,” says Councilman Tim Male. Councilman Male is one of six councilmembers who voted for the measure that passed, allowing 16 and 17 year olds, along with convicted felons who have served their time, to vote in city elections beginning this November.

Maryland: $350,000 for nine months of work? | Washington Examiner

After three years of delay, Maryland elections officials are finally replacing the state's aging touch-screen voting machines with ones that can optically scan paper ballots in time for the 2016 presidential election. However, an April 12 story in the Maryland Reporter noted that they are planning to spend virtually all of the $1.2 million budgeted for the transition on just five outside contractors. Election Board Administrator Linda Lamone, who previously stated that the switch would occur "over my dead body," has recommended paying the yet-to-be-hired senior project manager $350,000, the deputy project manager $300,000, two business analysts $210,000 each, and a technical writer $170,000 for just nine months of work.