WHEREAS, Maryland Election Law Article §9-102(d)(1)(vii), Annotated Code of Maryland, requires a voting system that produces a voter verifiable paper record; and
WHEREAS, Maryland Election Law Article §9-102(f)(1), Annotated Code of Maryland, states that a voting system selected and certified by the Maryland State Board of Elections (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;" and
WHEREAS, to comply with §9-102(d)(1)(vii), SBE has selected and certified a new voting system that produces a paper record and that will be used statewide starting in 2016; and
WHEREAS, the new accessible ballot marking device, the ES&S ExpressVote, selected and certified by SBE for use by voters with disabilities statewide starting in 2016 produces a paper ballot that is different in size and content from the ballot that is hand-marked by voters who do not need an accessible system; and
WHEREAS, the opinion issued by the Maryland Attorney General on December 18, 2013, 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; and
WHEREAS, with the 2016 Maryland primary election only six months away, SBE has not prepared the polling-place procedures to ensure the secrecy of ballots cast by voters with disabilities as directed by the Maryland Attorney General; Now, therefore
BE IT RESOLVED by the National Federation of the Blind of Maryland in Convention assembled this fifteenth day of November, 2015, in the city of Ocean City, Maryland, that this organization demand that SBE develop polling-place procedures and that they be put in place for the 2016 elections to ensure that a sufficient number of non-disabled voters use the ExpressVote to protect the secrecy of the ballots cast by Maryland voters with disabilities as ordered by the Maryland Attorney General; and
BE IT FURTHER RESOLVED that this organization strongly urge SBE to seek input on the draft polling-place procedures from the National Federation of the Blind of Maryland and the Maryland disability community.