Ballot harvesting

It was deja preview all over again.

Today, the issue was ballot harvesting  This is a practice where a campaign worker collects absentee ballots from voters and fills them out, but not in the presence of the voter.

Listening to my Republican colleagues on the House floor, one might think that there was a pandemic of such fraudulent acts during last year’s election

The facts are otherwise.

There have been isolated cases of fraud associated with ballot harvesting. The notable exception was in a North Carolina congressional race in 2018 on behalf of the Republican candidate.

https://www.politifact.com/article/2020/may/29/what-ballot-harvesting-and-why-trump-tweeting-abou/

We will no doubt continue to hear these false claims of fraud on other bills that expand access to the ballot this legislative session and next.

My testimony – Unpolished

When I write this blog, I try to polish each sentence so that every word is the best way to make my point to you clearly and effectively. It’s not that way when I testify.

Here’s a transcript of what I said today on House Bill 768, my legislation to treat online political ads as Maryland law already regulates written or broadcast campaign material.

I did not pretty it up. I did delete certain sentences. In the brackets, I’ve added explanations.

This committee well knows the effect that fraud and deceit can have upon our election process. Several years ago, the committee amended the Voter’s Rights Protection Act, the state law to criminalize deceit and fraud that was intended to affect an individual’s decision whether to vote [This was my bill.] and that language/provision has been used successfully in a prosecution involving robocalls.

So, that dubious, and that’s a nice word for it, those fraudulent attempts to interfere with our fundamental process of electing candidates to public office is now at risk and just indictments don’t matter thus far because since the indictments handed down by the Justice Department on Friday we see even just after the shooting in Lakeland, Parkland, sorry, the Russian bots are at work.

So, what this legislation would do, similar to the bill you just heard before, is to build upon our existing structure.

For instance, to add online advertising to the existing definitions of campaign material, public communication, and electioneering communication to impose the same requirements that we already do on non-digital communications dealing with Maryland candidates in Maryland elections.

The bill would take effect on June 1 because as we all know we have a primary at the end of that month.

The bottom line here is, we need to act to address clear attempts to disturb to destroy our political process, our fundamental electoral process, fundamental to our democracy, to any democracy, and we’re now well aware that we’re not talking about a hoax.

We’re talking about sustained, systemic efforts to upset, diminish, destroy our fundamental system and I would hope, and I know, feel confident that the committee, as it has in the past, will take the appropriate action on my bill and as well and/or on the bill you heard prior to this. [House Bill 981, sponsored by Del. Alonzo Washington, chair of the Subcommittee on Election Law]

Thank you very much.

The Real Voter Fraud

Voters in Alabama got this robocall last week from “Bernie Bernstein”:

I’m a reporter for The Washington Post calling to find out if anyone at this address is a female between the ages of 54 to 57 years old, willing to make damaging remarks about candidate Roy Moore for a reward of between $5,000 and $7,000. We will not be fully investigating these claims however we will make a written report.

This anti-Semitic travesty would violate Maryland law.

It is a crime to “influence or attempt to influence a voter’s voting decision through the use of force, threat, menace, intimidation, bribery, reward, or offer of reward.”

Shortly before the 2002 general election in Maryland, a flyer was distributed in neighborhoods of color urging people to vote on the Thursday after Election Day and implying that you couldn’t vote if you owed rent, child support, or parking tickets.

I responded by sponsoring the bill that made it illegal to “influence or attempt to influence a voter’s decision whether to go to the polls to cast a vote through the use of force, fraud, threat, menace, intimidation, bribery, reward, or offer of reward.” (emphasis added)

This is the fraud that is degrading our election process. Not the fake fraud that is the basis for Republican efforts to limit access to the ballot.

Protecting Our Rights – Voting and Guns

My bottom line: The law should benefit people or prevent them from being harmed without unduly burdening the rights of those whose conduct is being regulated or criminalized..

One example is voter fraud.

To what extent should we impose barriers to the exercise of this fundamental right when seeking to prevent individuals from voting illegally?

The Congress struck the proper balance when it enacted the Help America Vote Act in the wake of the Florida recount in 2000.

In addition to official government documents, proof of residency can be demonstrated by a person’s address on a rent notice or a utility bill.

My legislation, which was enacted, adopts that federal standard when an individual’s right to vote is challenged at a polling location.

http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gel&section=10-312&ext=html&session=2018RS&tab=subject5

A second example of that balancing act is gun control.

Like most rights, the right secured by the Second Amendment is not unlimited. From Blackstone through the 19th-century cases, commentators and courts routinely explained that the right was not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.

Who wrote that? It was Justice Scalia in his majority opinion striking down DC’s gun control law.

When the members of the Congress, the General Assembly, or any other legislative body seek to prevent the loss of life due to firearms, we must do so without violating the 2nd Amendment rights of gun owners.

But we can do so, as Justice Scalia pointed out.

And we must.

 

  • My Key Issues:

  • Pimlico and The Preakness
  • Our Neighborhoods
  • Pre-Kindergarten
  • Lead Paint Poisoning