Baltimore Sun

In-person voting option requested for primary

State legislativ­e leaders say June 2 turnout essential

- By Emily Opilo and Pamela Wood

The president of the Maryland Senate and the speaker of the state House called Tuesday on Gov. Larry Hogan to explore offering in-person voting as an option during the June primary, in spite of the new coronaviru­s outbreak.

In a letter circulated to members of both chambers, Senate President Bill Ferguson and Speaker Adrienne A. Jones argued that voting is an essential activity, akin to the work of essential businesses that have remained open despite severe restrictio­ns Hogan has implemente­d during the pandemic.

“The state must explore potential options for in-person voting opportunit­ies for a limited number of our citizens to ensure that we are demonstrat­ing that democracy can still flourish in the midst of a public health emergency,” the Democratic leaders wrote.

The letter comes as the state Board of Elections prepares to submit a plan to Hogan on the logistics of the June 2 primary, in which Marylander­s will nominate candidates for president and the U.S. House.

Baltimore voters will also nominate candidates for mayor, City Council president, comptrolle­r and council seats.

Earlier this month, Hogan issued an executive order postponing the primary from April 28 in response to the virus outbreak.

At the same time, the Republican governor ordered the board to come up with a plan by Friday for how to carry out the reschedule­d primary.

Last week, board members met to make recommenda­tions for that plan.

They worked toward a draft that calls for every eligible voter to receive a ballot by mail that citizens would fill out and mail back or deposit in drop boxes.

The five-person bipartisan board did consider offering limited in-person balloting during an early voting period to accommodat­e voters unable to vote by mail.

But it opted against the plan after a dire warning from a state health department official that such centers would put poll workers and the public at risk for COVID-19 disease.

A representa­tive from the Maryland attorney general’s office also spoke at the meeting, warning the board that offering no in-person option on primary day would exclude a subset of the eligible voting population with disabiliti­es or limited access to mail.

“We oppose the eliminatio­n of all forms of in-person voting accommodat­ions for the June 2nd primary election unless there is a demonstrat­ion that no in-person voting options are reasonably viable without seriously jeopardizi­ng public health,” Jones and Ferguson wrote.

“While the board makes a recommenda­tion, the choice is in your hands, Governor Hogan, and we hope that whatever option you choose effectivel­y balances the public health risks with maximized voter access and participat­ion,” they said.

Under the state of emergency declared by Hogan in response to the virus, the governor has the authority to make changes to the election process and its calendar.

The state elections board will meet Thursday to finalize the election plan.

It has yet to vote on in-person voting for the primary, although the board did vote last week to eliminate that option for a special general election April 28 for the 7th Congressio­nal District.

That is proceeding by mail only in the district, which includes parts of Baltimore City, Baltimore County and Howard County.

Hogan’s spokesman, Mike Ricci, said the governor will review the legislativ­e letter as well as the Board of Elections’ plan once it has been submitted.

“The governor is committed to conducting the primary election in a way that protects public health and preserves the integrity of the democratic process,” Ricci said.

In their letter to Hogan, Ferguson and Jones note that the General Assembly has considered statewide vote-by-mail legislatio­n before on several occasions without passing it into law.

Concerns were raised about research showing minority voters are less likely to use mail ballots, as are transient and low-income population­s.

“Most vote-by-mail only states are overwhelmi­ngly white and took years, not months, to transition,” the letter states, noting that Colorado, a state that votes by mail, still offers an in-person option on Election Day.

Voting rights advocates have also spoken out against the Maryland Board of Elections’ draft plan for the primary, arguing it would discrimina­te against vulnerable population­s including people with disabiliti­es, those without housing and people temporaril­y displaced by the spreading outbreak.

Ballots are due to be mailed by late April to voters across the state for the primary.

Federal law requires states to offer the opportunit­y for people with disabiliti­es to vote independen­tly and privately.

Maryland typically meets that requiremen­t by offering special machines at in-person voting places, called ballotmark­ing devices, equipped with earphones and with a function that can produce a marked paper ballot for voters unable to fill one out on their own.

Voting centers also serve people who have trouble receiving mail. The state maintains a list of inactive voters based on mail to their addresses being returned as undelivera­ble. During any election, 1% to 4% of voters designated as inactive participat­e at the polls, according to state officials.

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