Voters to Decide Ballot Measures With Huge Fiscal Consequences

August 23, 2010

Several states will have measures on the ballot this fall, that if passed, would have major fiscal consequences, some of which would affect local governments.

Washington is one of several states where voters this fall will weigh in on ballot measures that, if passed, would have enormous fiscal consequences. Voters in California, Colorado and Massachusetts will take up tax questions that could expand or shrink the foundations on which future budgets are built. Drama awaits on the spending side of budgets, too. In Arizona, voters could blow a $450 million hole in the state’s current budget if they reject two key measures this fall. And in Florida, voters will decide whether to save billions of dollars by relaxing limits on class sizes at schools.Scott Pattison, executive director the National Association of State Budget Officers, says he worries that when voters are presented with questions that so deeply impact revenue, they make decisions in a vacuum. “At least when the Legislature passes a budget, everything is relative to one another,” Pattison says. “If you spend $10 million here, you may not be able to spend $10 million there.”

Pattison, whose organization does not take positions on ballot measures, also notes that voters may not realize how revenue measures might affect a state’s competitiveness. “If your taxes are too out of whack from your neighbor’s,” he says, “then it’s a problem.”

California has a ballot initiative that would prohibit the state from using local government and transportation funding for other purposes.  In Colorado, there is a measure to prevent the state from taking on more debt and to restrict local government’s ability to borrow.

Sujit M. CanagaRetna, senior fiscal analyst at the Council of State Governments, says this year’s measures will test voters on the most basic of questions: What do they expect of their state governments and what are they, as taxpayers, willing to fund?

A compilation of the most crucial ballot measures can be found on stateline.org.


New System Launched Providing Greater Access and Printing Capability for Absentee Ballots

August 9, 2010

As reported by Megan Poinski of MarylandReporter, the University of Maryland’s Center for American Politics and Citizenship launched a new system last week that will allow voters to access and print out absentee ballots online.

The new system uses technology to make the old way of getting absentee ballots easier – as well as making online absentee ballots easier to handle by elections staff at local boards.

To use the system, a voter first needs to go to the State Board of Elections and download an application to vote absentee.  Once completed, the application can be e-mailed, faxed, mailed, or hand-delivered to the voter’s local elections office.

When the application is processed, the voter will receive an e-mail with a unique passcode, which will be used to access the absentee ballot. To get it, the voter needs to log in to the Maryland Election Center’s voter verification system – which requires a first name, last name, zip code and birth date. Once the voter is logged into the system, he or she will be able to input the passcode and then access his or her ballot.

After using the interactive ballot form on the computer to vote, the voter will be able to print out the absentee ballot, along with a declaration verifying his or her identity that must be signed, Charlebois said. The envelope that the system prints out includes customized addresses – both for the local board of elections site where the ballot needs to go, and the voter’s return address. Under federal law, if the voter is in the military or overseas, the envelope will also include prepaid postage.

The Center for American Politics and Citizenship works in partnership with the State Board of Elections and operates the Maryland Elections Center.


New Social Media Rules For Maryland Campaigns

July 21, 2010

Yesterday, Maryland lawmakers voted to regulate political campaigning on social media sites, such as Twitter and Facebook, The Baltimore Sun reports.

Starting two weeks from now, candidates must begin including an authority line — a declaration of approval that lists their campaign treasurer — on the social networking sites run by their campaigns.

The more than 700 people who have filed to run for statewide office, as well as hundreds of candidates for local posts, will soon receive information in the mail explaining the new social media policies, elections officials said.

……..

Maryland’s new rules also provide clarity on what a candidate must do if he or she wants to purchase an online ad with Facebook or Google or another provider. If the ad is too small to include the full authority line — which it often is — candidates will need to include a link to their official campaign site.

The Maryland General Assembly’s joint committee on administrative, executive, and legislative review heard testimony and then voted 11-to-1 to approve the emergency regulations.


Court of Appeals Supports Slots Referendum

July 20, 2010

The Maryland Court of Appeals has issued an order in the case of Citizens Against Slots at the Mall v. PPE Casino Resorts Maryland, LLC, overturning a circuit court decision and ordering that a referendum on whether Arundel Mills Mall should be re-zoned for slot machines be placed on Anne Arundel County’s November election ballot. The July 20 order was reported by the Baltimore Sun:

Lawyers for community groups and the Maryland Jockey Club, which financed a successful referendum effort to challenge zoning approval for Baltimore-based Cordish Cos. to build the state’s largest slots casino, appealed the decision that the ballot question is not allowed under state law.

Circuit Court Judge Ronald A. Silkworth ruled in June that the referendum was illegal because the zoning legislation to authorize a Cordish Cos. subsidiary to build a billion-dollar casino is part of an appropriation package. According to state law, appropriations — or spending allowances — cannot be decided upon by voters at the ballot box.

As previously reported in Conduit Street, counties have been concerned about this case over a preemption issue raised by the circuit court and MACo supported an amicus brief jointly submitted by five counties.  The preemption issue was ancillary to the referendum holding and until the Court of Appeals releases its opinion on the case, it is not clear how that issue will be addressed.  The immediate order only deals with whether the zoning for slots could be subject to a referendum.  The Court could still decide either way on preemption.

Circuit Court Opinion

County Amicus Brief


Counties Concerned Over Election Law Preemption Case

July 19, 2010

A July 15 Baltimore Sun article discusses a potentially sweeping local preemption issue that has arisen during the ongoing slots litigation in Anne Arundel County.  MACo supported the efforts of concerned counties to file an amicus curiae brief with the Maryland Court of Appeals arguing against the preemption.

Anne Arundel County is asking the state’s highest court to throw out a judge’s decision that state election law overrules local counties, a request that if granted could cause some contested petition signatures to be rejected in an ongoing battle over a proposed referendum on slots at Arundel Mills mall.

The county’s brief, filed Tuesday by county attorney Jonathan A. Hodgson, addresses only the narrow issue of jurisdiction over referendums and does not weigh in on the overarching issue of the legality of the referendum. …

In the brief, supported by four other Maryland counties — Baltimore, Harford, Howard and Montgomery — Hodgson said the judge’s ruling “would … erode the long-standing authority of charter counties to establish their own policy and to self-govern.”

The county brief only challenges the preemption decision – it does not deal with the broader issue of the location of slot machines.

“I would like to make it very clear that in filing this amicus brief, it is not our intention to take one side or another in the larger question of whether or not the bill should go to referendum,” said Hodgson. “It would be inaccurate for attorneys for either side to make more of our brief than that.”

Circuit Court Opinion

Circuit Court Order


Races Set Up for General Assembly Seats

July 7, 2010

In the wake of Tuesday’s candidate filing deadline, the Daily Record reports on a number of General Assembly races expected to be contested this fall, including several “leadership” legislators who nonetheless face challenges in their districts. From the coverage:

With the battle lines finally drawn Tuesday night, some high-ranking Maryland lawmakers could face a tough road back to Annapolis in an election year that promises to bring dozens of new faces to the General Assembly.

Among the most prominent state legislators facing difficult elections are House Appropriations Committee Chairman Norman H. Conway and Joseph F. Vallario Jr., chairman of the House Judiciary Committee.

At least seven delegates and two senators retired following the 2010 legislative session, and 15 delegates and one senator are running for other offices. Most incumbents face challengers, many of them spurred by discontent felt by voters nationwide.


Watch campaign filings online

July 6, 2010

With the filing deadline for this fall’s elections upon us (this evening), county officials are welcome to use the Maryland State Board of Elections website as a tool to track filings.

Here are two direct links to check candidate lists:

2010 State Candidate List

2010 Local Candidate List

According to the State Board staff:

The new list is updated automatically every 20 minutes starting at 9:00 am until 11:00 pm. Once you click onto an office, a time stamp with date and time it was last updated shows in the upper right corner.

This new option offers very specific searches by congressional or legislative district for State filed candidates. It also allows review of county offices by clicking on a specific county. One more highlight of these new listings is the ability to export the lists to Excel.


State Board of Elections Establishes Regulations for Use of Social Media During Campaigns

June 4, 2010

As reported in the Gazette, the State Board of Elections adopted a policy at its meeting yesterday to regulate the use of social media such as Twitter and Facebook during political campaigns.

The rules say online communications should include “by authority of” lines, which are required now for printed material. If a tweet or an online advertisement doesn’t have room for the line, it can be included in the home page or landing page of a site. And if it can’t be included there, it must be registered with the elections board.

More coverage can be found in the Baltimore Sun and Daily Record.


House Approves Study of Optical Scan Voting System and Support Services Contract

April 5, 2010

The House of Delegates approved an amendment, offered by the House Appropriations Committee to SB 141, the Budget Reconciliation and Financing Act, to require an independent consultant to study the State Board of Elections  voting system support services contract recently approved by the Board of Public Works and the proposed procurement of an optical scan voting system.   Both the contract and the proposed procurement have received a significant level of scrutiny in recent months due to the cost associated with each and the timing needed to successfully implement a new optical scan voting system for the 2010 election cycle.

The Governor did not include funds for the new voting system in the proposed Fy 2011 Budget.  However, the support services contract did move forward to ensure the existing voting system is operational and associated staff are trained for the upcoming elections.

Specific amendment language is below -

(E) SUBJECT TO SUBSECTION (C) OF THIS SECTION, FOR FISCAL YEAR 2011, AN AMOUNT UP TO $150,000 OF THE BALANCE IN THE FUND MAY BE TRANSFERRED TO THE DEPARTMENT OF LEGISLATIVE SERVICES FOR THE PURPOSE OF PAYING THE COST OF A CONTRACT WITH AN INDEPENDENT CONSULTANT TO CONDUCT A STUDY OF THE ISSUES ENUMERATED IN SUBSECTION (G) OF THIS SECTION.
(F) ANY FUNDS TRANSFERRED FROM THE FAIR CAMPAIGN FINANCING FUND TO THE DEPARTMENT OF LEGISLATIVE SERVICES UNDER SUBSECTION (E) OF THIS SECTION THAT ARE NOT USED TO PAY THE COST OF THE CONTRACT REQUIRED UNDER SUBSECTION (G) OF THIS SECTION MAY NOT BE RETAINED BY THE DEPARTMENT OF LEGISLATIVE SERVICES AND SHALL REVERT TO THE FAIR CAMPAIGN FINANCING FUND.
(G) THE DEPARTMENT OF LEGISLATIVE SERVICES SHALL CONTRACT WITH AN INDEPENDENT CONSULTANT TO COMPLETE A STUDY OF THE FOLLOWING ISSUES:
(1) WHETHER THE STATE BOARD OF ELECTIONS VOTING SYSTEM SUPPORT SERVICES CONTRACT APPROVED BY THE BOARD OF PUBLIC WORKS ON FEBRUARY 24, 2010, IS MAXIMALLY COST-EFFECTIVE AND INCLUDES ONLY SERVICES THAT ARE CLEARLY NECESSARY FOR THE CONDUCT OF ELECTIONS;
(2) WHETHER THE STATE BOARD OF ELECTIONS PROPOSED PROCUREMENT OF AN OPTICAL SCAN VOTING SYSTEM FOR DEPLOYMENT IN THE 2010 ELECTIONS WAS MAXIMALLY COST-EFFECTIVE AND INCLUDED ONLY EQUIPMENT THAT IS CLEARLY NECESSARY FOR THE CONDUCT OF ELECTIONS;
(3) THE NECESSITY OF THE STATE BOARD’S PROPOSED PROCUREMENT OF VOTING BOOTHS AND SUPPLY CARTS TO IMPLEMENT AN OPTICAL SCAN VOTING SYSTEM FOR THE 2010 ELECTIONS;
(4) THE AMOUNT, IF ANY, BY WHICH VOTING SYSTEM OPERATIONS AND MAINTENANCE COSTS WOULD BE REDUCED IF AN OPTICAL SCAN VOTING SYSTEM IS IMPLEMENTED;
(5) CURRENT AND PROJECTED OPERATIONS AND MAINTENANCE COSTS FOR THE STATE’S CURRENT VOTING SYSTEM;
(6) THE PROJECTED LIFE SPAN OF THE STATE’S CURRENT VOTING SYSTEM;
(7) A COMPARISON OF THE OVERALL COST OF CONTINUING TO USE THE STATE’S CURRENT VOTING SYSTEM AS OPPOSED TO IMPLEMENTING AN OPTICAL SCAN SYSTEM; AND
(8) RECOMMENDATIONS FOR PROCURING AND IMPLEMENTING AN OPTICAL SCAN VOTING SYSTEM IN A COST-EFFECTIVE MANNER.
(H) THE INDEPENDENT CONSULTANT SHALL CONSULT WITH VOTING SYSTEM EXPERTS AND REVIEW THE VOTING SYSTEM CONTRACTS AND POLICIES OF OTHER JURISDICTIONS IN MAKING FINDINGS AND RECOMMENDATIONS CONCERNING THE ISSUES ENUMERATED IN SUBSECTION (G) OF THIS SECTION.

(I) ON OR BEFORE DECEMBER 1, 2010, THE INDEPENDENT CONSULTANT SHALL SUBMIT A FINAL REPORT OF ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR AND, SUBJECT TO § 2-1246 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY.

This amendment, which was not adopted by the Senate, is one of many issues to be reconciled by the budget conference committee.   Previous coverage of the new voting system procurements and the FY 2011 budget can be found on the MACo blog.


Board of Public Works approves service contract for current voting machines

February 27, 2010

At its February 24 meeting, the Board of Public Works approved a service contract to continue use of the current “on-screen” voting machines for the 2010 elections. As previously discussed here, the Governor’s budget for FY 2011 does not include funding for the anticipated purchase of new voting machines. MACo has consistently opposed the investment in new voting systems, while both State and county governments are still paying for the previously purchased system.  Prior to the approval for the service contract, the Board approved a 2010 Contingency Fund item of $175,000 so the contract could be implemented in the current fiscal year.

The new service contract was not without controversy, as the Board had discussions about the confusing nature of the contract. The final vote on the contract approval was 2-1, with Comptroller Peter Franchot voting against its approval. The eventual amount of spending on service items is not fully clear from the contract proposal, as the item approved includes some components relevant only to the purchase of new voting systems, which will not be activated for the coming year without their purchase. The anticipated value of the new contract is some $21 million over the three-year base contract, with renewal options for four years totaling approximately $22 million. Half these costs are expected to be billed to county governments according to their voting-age population.


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