4012

VETOES

In accordance with Article II, Section 17 of the
Maryland Constitution, I have today vetoed House Bill
851.

This bill requires the Election Board in Baltimore
City to appoint a Chief Judge for each precinct in the
City from among the election judges appointed by it. The
Chief Judges are made responsible "for the supervision of
election procedures, personnel and equipment" in their
respective precincts, and receive an additional per diem
compensation of $25.00.

Article 33, Section 2—7(a) of the Code presently
requires each local election board, biennially, to
appoint at least four election judges for each precinct,
an equal number of whom shall be from the majority and
the principal minority political parties. These election
judges are empowered to superintend the conduct of
elections at the various polling places. They have the
power to keep the peace and prevent breaches of the
election laws or interference with the progress of an
election, the canvass of ballots, or the ascertainment
and transcription of votes recorded on the voting
machines (Article 33, §15—1). They are empowered, inter
alia, to remove challengers from the premises for
improper activity (§15—3(c)); verify the registration of
voters and prevent a person from voting if not satisfied
that he is the person he purports to be (§15—4(a),
16—14); account for all voting authority cards upon
closing of the polls (§15—4(b)); inspect voting machines
prior to the opening of the polls (§16—11(b)); adjust
voting machines in primary elections (§16—11(h)); advise
voters in the operation of the voting machines and assist
certain disabled persons in actually voting (§16—12); and
tabulate the votes cast (§16—16).

Recognizing the nature of these powers and the
potential harm which would arise from their being abused,
the law generally requires that they be exercised either
by a majority of the judges or at least with the
participation of judges representing both major political
parties. In that context, this bill providing for only
one Chief Judge in each precinct, and making him
responsible generally for supervising election
procedures, personnel, and equipment, does not make clear
what the actual authority of the Chief Judge really is
vis a vis the other judges.

The election boards, which would appoint the Chief
Judges, are appointed biennially by the Governor. They
consist of three persons, two of whom must be from the
Governor's party. (Article 33, §§2-1 (a) , 1-1(a) (11)).
Thus, it is likely, if not inevitable, that all of the
Chief Judges will also be from the Governor's party. Had