Haynes says Voter’s Rights Bill will “ensure fairness”

As the House of Delegates prepares to vote on House Bill (HB) 102, the Voter’s Rights Protection Act of 2008, Del. Keith Haynes (D-Baltimore), a co-sponsor of the bill, told PoltickerMD.com that the legislation was essential to “ensure fairness and quality for individuals.”

Haynes called the act “very important,” and said it would “ensure that voter’s rights are protected and continue to be protected.”

Language present in the bill referring to the process of casting a provisional ballot was important, Haynes said. A provisional ballot is used to cast a vote when a question in regards to a voter's eligibility occurs, such as their name not appearing on the electoral roll or lack of photo identification when needed.

Under HB 102 a person is eligible to cast a provisional ballot if “the individual declares in a written affirmation submitted with the provisional ballot that the individual is a registered voter in the state and is eligible to vote in that election; and the individual’s name does not appear on the precinct register; an election official asserts that the individual is not eligible to vote; or the individual does not have the necessary identification; or a chief election judge determines that there is a problem outside of the voter’s control that causes the voter to be unable to vote (using) a regular ballot.”

Haynes also discussed a section of the bill that would prohibit the release of false campaign materials produced “with the intent to influence a voter or to prevent the voter from exercising the right to vote in an election.”

Yesterday, Del. Patrick L. McDonough (R-Middle River) told PolitickerMD.com that he objected to the bill because he found the term “false” campaign materials to be “too broad and general,” saying it could lead to “frivolous lawsuits.”

Haynes would not directly respond to McDonough’s comments, but said he felt a “prohibition” on “campaign material that is not reflected as the truth” should be included.

“There should be protection,” Haynes said.

The Democrat also highlighted other points of the bill that would also require additional training for election judges and a section that would leave polling locations open if a delay of more than one hour were to occur.

According to the act, “A voter who has appeared at a polling place by the closing hour to cast a ballot shall be allowed to vote.”

The bill also reports that a “vacancy in the polling place staff may not delay the opening of the polling place,” requiring that “if there is a vacancy in the polling place staff during voting hours-- the local board may fill the vacancy with a substitute election judge who has been recruited and trained; or an election judge who is present at the polling place may fill the position of the absent election judge by appointing a person registered with the same party affiliation as the absent election judge.”

A floor vote on HB 102 is expected shortly. Last year, the House passed a similar measure, but the bill failed to be enacted because the Senate took no action.

The Senate has yet to take action on the current measure, as well.