To: Members of the Maryland General Assembly
From: Members of the National Federation of the Blind of Maryland
Contact: Sharon Maneki, President
National Federation of the Blind of Maryland
9013 Nelson Way
Columbia, MD 21045
Phone: 410-715-9596
Email: nfbmd@earthlink.net
Subject: Restoring the Secret Ballot to Disabled Voters
Date: January 18, 2018
THE PROBLEM
Many blind and disabled voters must use the Election Systems and Software (ES&S) ExpressVote Ballot Marking Device (BMD) to cast their ballots. This machine produces a paper ballot that is smaller in size and different in content from the ballot that is hand marked by voters who do not need an accessible voting system. (Smaller ballot measures 4.24" × 14" with a 1.24" diagonal cut at top right corner; larger ballot measures 8.5" × 17". See illustration on page 3.) Primary election candidates in the 2016 election whose names appeared on the second or third screens of the BMD threatened legal action, complaining that navigating to these screens was too difficult. The State Board of Elections (SBE) responded to these complaints by severely limiting the use of the express vote, by deploying only one of these devices to each polling place. SBE further limited the use of these machines by only requiring two voters per polling place to use the machine. Thus, in the 2016 elections, ballots cast by disabled voters were segregated and too easily identifiable in the overall collection of ballots. Therefore, ballots cast by disabled voters were no longer secret. SBE plans to use these same segregating and discriminating procedures during the 2018 primary and general elections.
PROPOSED ACTION
The National Federation of the Blind of Maryland requests that each Delegate and Senator contact David J. McManus, Jr., Esq., Chairman of the State Board of Elections, to demand that SBE restore the secret ballot protection to disabled voters and end this practice of segregation by going back to its original plan to require at least 30 voters to use the ExpressVote BMD in each polling place. See attached sample letter.
BACKGROUND
Maryland Election Law Article §9-102(f)(1), Annotated Code of Maryland, states that a voting system selected and certified by the Maryland SBE shall "provide access to voters with disabilities that is equivalent to access afforded voters without disabilities without creating a segregated ballot for voters with disabilities." On December 18, 2013, the Attorney General of Maryland issued an opinion that states that if SBE chooses to certify an accessible ballot marking device that produces a ballot that is different in size and/or content from the hand-marked ballots, SBE “must establish randomized polling-place procedures to ensure that a significant number of non-disabled voters will use the accessible voting system to protect the secrecy of the ballots cast by voters with disabilities.” Requiring only two voters to use the ExpressVote BMD does not meet the definition of randomized polling procedures.
The experience of the 2016 primary and general elections demonstrated that all voters had little difficulty in navigating to multiple screens on the BMD. The fears of candidates that voters would not be able to vote for them were unfounded. Data from the 2016 elections demonstrated segregation because twelve counties had several precincts where only one voter used the ExpressVote BMD. The votes of these people were definitely identifiable. These jurisdictions were: Baltimore City, and Anne Arundel, Baltimore, Carroll, Cecil, Charles, Dorchester, Harford, Howard, Prince George’s, Washington and Wicomico Counties.
The National Federation of the Blind of Maryland and Disability Rights Maryland gave written and oral testimony to SBE concerning the need to protect the constitutional right of voters with disabilities to cast a secret ballot. We urged SBE to increase the use of the ExpressVote BMD for the 2018 elections. Seven Maryland county boards of elections also gave written and oral testimony to SBE, stating their need to have the flexibility to provide additional ExpressVote BMDs at the more heavily used polling places and at polling places with large senior populations. SBE turned a deaf ear to the National Federation of the Blind of Maryland, Disability Rights Maryland and these counties.
CONCLUSION
Voters with disabilities are entitled to the same right to cast a secret ballot afforded to nondisabled voters. SBE should not be permitted to subvert the rights of disabled voters to the unfounded fears of candidates. The current plans for the 2018 elections violate the call for randomization procedures for both disabled and nondisabled voters to use the ExpressVote BMDs issued in the 2013 attorney general’s opinion. The Maryland General Assembly must put a stop to this voting segregation and discrimination. Please urge SBE to set a goal of encouraging at least 30 voters to use the ExpressVote BMD in each polling place.
The factsheet includes an illustration of both sample ballots, side by side
SAMPLE LETTER TO CHAIRMAN MCMANUS
Please write to Chairman McManus to express your concern about the current voting procedures and the negative impact these will have on blind and disabled voters. You may use as much of the following language as you deem necessary:
David J. McManus, Jr., Esq., Chairman
State Board of Elections
P.O. Box 6486
Annapolis, MD 21401-0486
info.sbe@maryland.gov
Dear Chairman McManus,
I understand that the Maryland State Board of Elections plans to instruct election judges to limit the use of the ExpressVote ballot marking device in the upcoming 2018 primary and general elections. Establishing the quota that two voters per polling place must use the ExpressVote ballot marking device has led to, and will continue to lead to, segregation and discrimination. Since disabled voters must use this machine and the ballot is different in size and content than the hand-marked ballot, their votes can be easily identified and will no longer be secret.
The strength of any democracy is measured by voter participation. Voter participation must be private and fair to all citizens. I strongly recommend that you revise your plans for the upcoming elections to increase the number of voters that should be encouraged to use the ExpressVote ballot marking device. Maryland should not be promoting segregation and discrimination in its voting system and should be guaranteeing that every voter can cast a secret ballot.
Sincerely,