|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
S.B. 461
|
|
|
|
|
|
VETOES
|
|
|
|
|
|
|
|
|
|
|
|
|
President of the Senate
State House
Annapolis, MD 21401
Dear Mr. President:
In accordance with Article II, Section 17 of the Maryland Constitution, today I have
vetoed Senate Bill 461 - Voters' Rights Protection Act - Clarification.
Senate Bill 461 seeks to clarify language and intent of Senate Bill 287 - Voters Rights
Protection Act of 2005. Senate Bill 287, from the 2005 Session, established civil
penalties for attiring or equipping an individual or permitting an individual to be
attired or equipped, in a manner that created the appearance the individual is
performing an official or governmental function in connection with an election
including: (1) wearing a public or private law enforcement or security guard uniform;
(2) using an arm band; or (3) carrying or displaying a gun or badge within 100 feet of
a polling site on election day. Senate Bill 287 provided exceptions to the law for
uniformed officers performing official governmental duties at a polling site and
officers and security guards who are either on duty or traveling to and from duty and
wish to cast a ballot at their respective polling location. Senate Bill 287, however,
failed to specify when and where these prohibitions apply.
Senate Bill 461 amends the current law established by Senate Bill 287 by specifying
that, on election day at a polling site and within an area surrounding the polling site
prescribed by the State Board of Elections, a person may not attire or equip an
individual or permit an individual to be attired or equipped, in a manner that created
the appearance the individual is performing an official or governmental function in
connection with an election. While it may not have been the intent of the sponsor
during the course of the 2006 Legislative Session, Senate Bill 461 was amended to
add criminal penalties in addition to the current enumerated civil penalties.
Specifically, a person who knowingly violates the prohibited behavior contained in
Senate Bill 461 would be subject to a civil penalty pursuant to Section 16-1002 of the
Election Code and guilty of a misdemeanor and on conviction would be subject to a
fine not more than $2,500 or imprisonment for not more than 5 years or both. Based
upon criminal penalties established elsewhere in the Election Law Article, this
penalty is excessive and inconsistent with other penalties for comparable election law
offenses.
Individuals who commit acts relating to voter impersonation as defined by the
Election Code are not subject to any civil penalties and are subject to a lesser criminal
penalty than the one contained in Senate Bill 461. In particular, under Section
16-101 of the Election Code, a person who willingly and knowingly impersonates a
voter or other person in order to register or attempt to register in the name of the
voter or other person is guilty of a misdemeanor and subject to a fine of not more than
$1,000 or imprisonment for not more than 5 years or both. Individuals impersonating
law enforcement officials or security guards seeking to intimidate voters should not
be subjected to both a civil penalty and a higher criminal penalty than those
individuals who engage in outright voter fraud by impersonating a voter in order to
create fraudulent voter registrations. Moreover, while Section 16-201 of the Election
Code does subject an individual who impersonates another person in order to vote or
- 3116 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
