MARYLAND

STATE BOARD OF ELECTIONS

P.O. OX 6486, ANNAPOLIS, MD 21401-0486 PHONE (410) 269-2840

Robert L. Walker, Chairman Linda H. Lamone

Bobbie S. Mack, Vice Chair Administrator
Rachel T. McGuckian
David J. McManus, Jr. Ross Goldstein
Charles E. Thomann Deputy Administrator

April 20, 2010

Via Electronic Mail Onlv

I
J. Christian Herren, Jr., Acting Director
Voting Secti~n - Civil Rights Division
Room 72541 NWB
u.s. Deparrrryent of Justice
950 Pennsyl~ania Avenue, N.W.
Washington fC 20530

Dear Mr. Heren:

Thank yo for the opportunity to update the Voting Section of the Civil Rights Division on
the State of Nlaryland's implementation of the Uniformed and Overseas Citizens Absentee Voting
Act (UOCA \fA) as amended by the Military and Overseas Voter Empowerment (MOVE) Act. I
am pleased ttrep0l1 that Maryland was in a good position to implement the MOVE Act and is
well on its ay to implementing those requirements that were not previously in effect in
Maryland.

Complving with the MOVE Act

With the enactment of the MOVE Act, one of the first steps we took was to incorporate the
new federal rbquirements into Title 33 of the Code of Maryland Regulations. While the proposed
regulations ate not yet in effect I, the changes address the following requirements:

I. Estabfish procedures for military and overseas voters to request by mail or electronically a
voter fegistration application and absentee ballot application, the means by which a voter
can sJ1ecify bow the voter would like to receive the application, and requiring that election
officials send by the method the voter requested the application or if the voter did not
desigriate a method, by mail (§ 102(a));

2. DeSig~ate not less than one means of electronic communication for UOCA VA voters and
inclu~e the designated means of electronic communications on absentee voting
information and instructions (§ 102(b)). The proposed designated means are our general
email ~ddress (info@elections.state.md.us), website (www.elections.state.md.us). and fax
number (410.974.2019) and are included on the absentee voting instructions;

I The proposed egulations were adopted by State Board of Elections at its January 2010 meeting and as required
under the State' Administrative Procedures Act, published in the Maryland Register (Vol. 37, Issue 6) on March 12,
20 IO. The 30 dfY public comment period ended on April 12, 20 I0, and the proposed regulations will be presented
for final action Of April 29, 2010. The expected effective date of these regulations is May 31, 2010.

FAX (410) 974- 2019 Toll Free Phone Number (800) 222-8683 151 West Street Suite 200
MD Relay Service (800) 735 2258 http://www.elections.state.md.us Annapolis, Maryland 21401
 Letter to Mr. Herren
Page 2 of4
April 20, 20 I0

3. Transmitting a blank ballot by the method requested by the voter or if the voter did not
designate a method, by mail (§ 102(1)). In prior elections, Maryland as generally
honored the delivery method requested by the voter. The proposed regulatio s will codify
this practice;

4. Establish a free access system to inform voters about the status of their abse tee ballots (§
102(h)). In 2008, the State's voter look-up website included information on he status of a
voter's absentee ballot application and absentee ballot (if it had been receive and whether
it was accepted or rejected during the canvass), and this practice will conti ue for future
elections;

5. Use of Federal Write-In Absentee Ballots (FW AS) in all elections for fe eral office (§
103(a)). By policy, Maryland has permitted the use of the FWAB fo all elections
(primary and general elections') and for all contests (federal, state and local). The
proposed regulations merely codify the existing policy; and

6. Repeal of the requirement to consider an absentee ballot application fro a UOCA VA

voter a request for two election cycles. The proposed regulations limit absentee ballot
requests to one election cycle, although we are honoring 2008 requests for a11sentee ballots
for the 20 10 election cycle.

An additional requirement of the MOVE Act - prohibiting states from reject ng otherwise
valid applications and ballots solely on the basis of lack of notarizations or restric ions on paper
or envelope type - does not apply to Maryland. There are no requirements in Maryland to
notarize signatures on applications or ballots or for paper or envelope types.

For the 2010 General Election, Maryland intends to apply to the Federal Voting Assistance
Program (FV AP) for a hardship exemption as we will be unable to meet the requirement to mail
absentee ballot at least 45 days before the general election. The State's primary eledtion is tbe 2nd
Tuesday in September (September 14th),a mere 48 days before the general election.

Although a representative of the FVAP told one of my staff members that the ~V AP was not
ready to accept applications for a hardship exemption, I understand that Robert Car1Y' Director of
the FVAP, was quoted in the media last month as stating that states are "free to a9ply whenever
they want." Without information or guidance to the contrary, we will begi1 drafting our
application and submit it once it is complete. To the extent that the Voting Secti9n of the Civil
Rights Division is working with the FV AP on this effort, it would be helpful to kno '" whether the
FVAP is in fact ready to accept these applications and if so, whether there is a required or
preferred format for the application.

Other Efforts to Improve Access by UOCA VA Voters

In addition to the proposed regulations, we have already implemented or are in he process of

implementing improvements tbat benefit our military and overseas voters. We ha'fe a section of
our website dedicated to UOCAVA voters (see "Overseas and Military Voters" Quick Link on
www.elections.state.md.us).This section provides information about voter registration and

2 Maryland does not hold run-off elections.

Letter to Mr. Herren
Page 3 of4
April 20, 20 0

absentee voti g for these voters and includes links to the Federal Post Card Application (FPCA)
and FWAB. f.Vhen using the voter look-up website, the voter will see his or her mailing address
on the page lhat displays tbe voter's registration and other information. This assists all voters -
but especiall] UOCA VA voters - in knowing where voter registration information is being
mailed.

Before the passage of the MOVE Act; election officials in Maryland generally honored
voters' requ+ts to transmit absentee ballots by mail, fax or email. While receiving ballots and
voting infonfation by email was effective and expeditious for voters, the process for election
officials wa time-consuming and tedious3 Because of the administrative challenges with
l
emailing absentee ballots to voters, we began exploring more efficient ways to transmit
electronicall absentee ballots and decided to use the State's voter look-up website as the means
of deliverin absentee ballots electronically. We amended our existing agreement with the
University 0 Maryland College Park, the entity that hosts and maintains the voter look-up site, to
make these elhancements. The electronic ballot delivery system will generally work as follows:

l. Voter completes a FPCA or the State's absentee ballot application and checks that he
wants to receive his absentee ballot via our website (i.e., voter look-up website). Voter
mails he FPCA or absentee ballot application to the appropriate local election official.

2. A local election official processes in the statewide voter registration system the FPCA or
absenJ1eeballot application.

3. Once bsentee ballots are ready for distribution, we provide the University of Maryland
with daily export file. The information in this file enables the University of Maryland to
post t,e correct ballot style, instructions, and forms and other information for voters who
reqUered an absentee ballot electronically.

4. We send the voter an email telling the voter that his absentee ballot is available on our
website. The email includes a link to the voter look-up page and the voter's ballot tracking
numbJr4

5. The vlter clicks on the link in the email. On the voter look-up website, he enters his first
name,llast name, zip code, and date of birth to retrieve his voter information. On the page
with His voter information, there will be link to his absentee ballot and other relevant
infom1ation.
, When he clicks the link to his absentee ballot, he will be prompted to enter
his ballot ill number (provided in the email).

6. Once the voter enters the correct ballot tracking number, the voter prints the absentee
ballot hnd all associated documents.

I
3 An election 0ttcial created a unique email for the voter and attached the voter's correct ballot, voting instructions,
and other information. Care was taken to ensure that the voter received the correct ballot and other documents unique
to the voter but it was time-consuming and admittedly, there were mistakes.
4 The ballot trac~ing number is a unique number generated by the voter registration system; it is unique to the voter,
to the election, ard to the ballot issuance process. The ballot tracking number is not printed on the ballot. If a ballot
has to be canceled and reissued, the original ballot tracking number is voided and a new tracking number is created.
Letter to Mr. Herren
Page 4 of4
April 20, 2010

7. He votes the ballot and mails to his local election official his voted ballot, oath and any
other information that needs to be returned with his ballot.

8. His ballot is counted during the absentee canvass.

We are excited about this new project and look forward to delivering ab entee ballots
electronically and efficiently. We expect to begin testing this summer with the SYSj!emready for
use hy Maryland's upcoming primary election this fall.

Thank you again for the opportunity to update you on Maryland's impleme tation of the
MOVE Act. If you have any questions concerning our implementation, please do ot hesitate to
contact me or have one of your staff attorneys contact Nikki Baines Trella at 410.26' .2843.

Sincerely,

L~//
Linda H. Lamone
&/;n4J-

State Administrator

LHLlnbt