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VETOES
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S.B. 849
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2005.
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May 20, 2005
The Honorable Thomas V. Mike Miller, Jr.
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 849 - Election Law - Voting System - Study of Independent
Verification Systems.
Senate Bill 849 requires the State Administrator of Elections to study, review, and
evaluate independent verification systems, including at least one system that
includes a voter verified paper trail. The required study would be conducted during
municipal elections in specified counties. To assist with the evaluation, Senate Bill
849 establishes an Advisory Committee that will provide guidance to the State
Administrator concerning the evaluation of independent verification systems. The
Advisory Committee is comprised of members who would be appointed by the Speaker
of the House and the President of the Senate. The State Administrator of Elections
has the option of seeking assistance with the study from computer specialists,
academic professionals, and community activists and is required to submit the
findings of the study to the General Assembly by December 1, 2005.
While I support the concept of utilizing independent verification systems and
understand the importance of examining our recent integration of new computer
technology into the administration of elections, the analysis of these systems to
protect the integrity of the process should be conducted in a process that is directed by
the Executive Branch. Senate Bill 849 fails to provide a role for the Administration in
this evaluation. Furthermore, it eliminates the Governor's ability to appoint members
to the Advisory Committee that is responsible for this study.
The procurement of touch-screen electronic voting systems was conducted by the
prior Administration. When these systems came under attack for their veracity and
reliability last year, the information technology unit at the Department of Budget and
Management (DBM) managed the State's program to have an independent analysis
and risk assessment to test the system's vulnerability to tampering or fraud. Through
this analysis, DBM lead the effort to rebut the challenges to the system's security and
provide the factual analysis to assuage public concerns.
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 fairly counted. To this end, I will appoint a Commission to
examine and evaluate all of the election law bills passed this session and make
recommendations concerning our State's election process. Specifically, this
Commission will work with DBM and the Board of Elections to conduct such a study
as proposed by this legislation. I am confident the Commission will develop policies
- 3942 -
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