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ROBERT L. EHRLICH, JR., Governor S.B. 287
vetoed Senate Bill 287 - Voters Rights Protection Act of 2005.
Senate Bill 287 revises a number of the State's election procedures for challenging a
voter's identity at the polling places and for counting provisional ballots by local
boards of election. Provisional voting guarantees registered voters the ability to cast
provisional ballots when there is confusion over issues of registration, identification,
or voting rights at a polling place. Under present law, provisional ballots are issued to
voters if they are first time voters that registered by mail with no proof of identity, if
the voter had a change in name or address and the State Board of Elections is not
notified by the election deadline, or if the vote is challenged by a poll watcher or
challenger at the polling place.
In its current form, Senate Bill 287 expands the opportunity for individuals to abuse
and negatively influence election outcomes. Under current law, provisional ballots are
only eligible to be counted if cast in the correct jurisdiction. Senate Bill 287 was
amended to require local boards of elections to accept provisional ballots cast by
voters who do not reside in their respective precincts. Specifically, local boards must
consider entire ballots but can only count votes cast for races in the jurisdiction where
the voter resides. This broadening of the use of provisional ballots raises concerns
about increased opportunities for voter irregularities.
Please be assured that the Administration is committed to instilling public confidence
in elections and ensuring that all Marylanders have the opportunity to cast a ballot
and have their ballot counted. To this end, I will appoint a commission to examine and
evaluate the election law bills passed this session and make recommendations
concerning our State's election process. I am confident such a commission will develop
policies and procedures assuring that fair and accurate elections take place within the
State.
For the above stated reasons, I have vetoed Senate Bill 287.
Very truly yours,
Robert L. Ehrlich, Jr.
Governor
Senate Bill No. 287
AN ACT concerning
Voters Rights Protection Act of 2005
FOR the purpose of providing that an individual whose identity right to vote is
challenged at the polling place may establish the individual's identity by
presenting a certain form of identification; prohibiting a person from willingly
or knowingly influencing or attempting to influence a voter from going to the
polls to cast a vote through the use of certain means or activities; prohibiting a
person from willingly or knowingly engaging in certain conduct which results in
or has the intent to result in the denial or abridgement of the right of certain
citizens to vote on account of race or color, color, or disability; requiring a local
board of elections to count the provisional ballots of certain voters under certain
circumstances; providing that an individual whose right to vote is challenged
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