He wants paper trail, delay until 2008 of plan for early voting
By Kelly Brewington and Andrew A. Green
Sun Reporters
Originally published February 15, 2006, 10:51 PM EST

ANNAPOLIS // Gov. Robert L. Ehrlich Jr. said Wednesday that he has lost confidence in the state's ability to hold fair and secure elections this fall, and called for paper receipts for Maryland's electronic voting machines and the delay of early-voting procedures approved by the Democratic-controlled legislature.

In a sharply worded letter to the chairman of the State Board of Elections, Ehrlich said he is concerned about the controversy over Diebold Elections Systems' electronic voting machines in other states, which use technology similar to that of Maryland's touch-screen voting equipment.

He said he wants the state to adopt a voter verification system, such as a paper trail, to ensure accurate and secure voting.

Ehrlich also complained in the letter about the General Assembly's override last month of his veto of a bill that would allow voters to cast ballots five days before Election Day. Because the state does not have a master voter list, critics say, residents could fraudulently cast ballots outside their usual precincts during early voting periods. Ehrlich wants the initiative delayed until 2008.

"In light of these recent national decertifications and the Maryland General Assembly's decision to override my vetoes ... I no longer have confidence in the State Board of Elections' ability to conduct fair and accurate elections in 2006," said Ehrlich, a Republican, in his letter to Board of Elections Chairman Gilles W. Burger.

Democrats criticized Ehrlich's apparent shift on the paper-receipt issue, noting that he vetoed a bill last year that would have studied the option.

Advocates of reforming the state's voting system cheered Ehrlich's remarks, which he made a day before a Senate committee is to hold hearings on a bill that would require a paper trail.

Diebold officials defended their systems as accurate and safe.

"Not only has that system been used very successfully for many years in the state of Maryland, but it has been used across the country very successfully," said David Bear, a Diebold spokesman.

Linda H. Lamone, the state elections administrator -- whom Ehrlich tried unsuccessfully to oust last year -- did not return calls seeking comment.  

Burger said Wednesday that he will meet with Lamone and her staff to investigate the governor's concerns.

"I can understand the frustration of the governor, and to some degree the board members share that frustration, and we are going to try to sort it out as soon as possible," he said.

In 2003, Maryland became one of the first states to implement electronic voting devices, its response to voting irregularities during the 2000 presidential election. The state spent an initial $55.6 million to buy the automated teller-like machines, abandoning optical-scan ballots, which provide paper verification. At the time, critics warned of security flaws, and Lamone has been criticized since the purchase.

Since then, Diebold has come under increased scrutiny. Late last year, an elections supervisor in Leon County, Fla., announced that his jurisdiction would no longer use the company's machines after computer experts manipulated votes. The highly publicized incident intensified debate over voting security.

Soon afterward, California elections officials ordered testing of that state's Diebold voting machines. Last month, Lamone wrote a letter to Diebold's chief executive in which she raised questions about whether Maryland's system was at risk.  

Ehrlich said he wants an update about follow-up conversations between Lamone and Diebold.

Senate President Thomas V. Mike Miller, a Democrat and Lamone supporter, rejected Ehrlich's concerns as election-year politics, saying the governor is trying to sow doubt about the process in hopes of bolstering his prospects in November.

He and other Democratic leaders said they see no reason to push back the implementation of the plan to open some polls days early, saying early voting would be a convenience for those who can't easily get to the polls.  

"Up until Wednesday, he never indicated any support for a paper trail," Miller said. "A lot of us, including myself, thought it's a laudable goal. He only said he favors a paper trail after experts testified it's impossible before November."

Testimony to that effect came from Donald F. Norris, director of the Maryland Institute for Policy Analysis and Research at the University of Maryland, Baltimore County, who was hired by the elections board for a study and spoke before a Senate committee last week.

Norris said he would not recommend buying any of the four verification technologies that he studied. If the legislature adopts one, he said, it would not be ready by Election Day.

Sen. Paula C. Hollinger, a Baltimore County Democrat who is sponsoring a paper trail bill and will hold hearings on the measure Thursday, said the governor's support for verified voting rings hollow.

"He tied the hands of the Board of Elections and the administrator by not funding this [in the budget], and then all of a sudden saying he supports this. It's just the same political games that he's been playing. If there's no money in the budget, then it's empty words."  

Sen. Andrew P. Harris, who out of concern about possible voter fraud colored his index finger purple on the Senate floor last month to suggest that Iraq and Afghanistan have more secure elections than Maryland does, said he is heartened by Ehrlich's call for a paper trail.

"I think the last month and a half has shown there are some serious questions being raised about the integrity of the entire voting machine system," said Harris of Baltimore County, the Republican whip.  

Ehrlich said Wednesday that the state is "not prepared" to conduct elections this fall and that he is worried about a repeat of the 1994 gubernatorial election, which was decided by about 6,000 votes amid accusations about voter fraud.

"That election was unfair to Governor [Parris N.] Glendening, and it was unfair to Ellen Sauerbrey. There was a cloud over that election in the minds of many people to this day," he said. "I don't want to relive those days."

Ehrlich previously supported using Diebold technology. A national technology consulting firm he hired to review the system in 2003 found security flaws, but state officials said they could be fixed quickly. The 2004 elections were held largely without incident, but the governor remained displeased with Lamone.

The State Board of Elections is made up of three Republicans and two Democrats, and four board votes are needed to replace the administrator. Ehrlich tried last year to pack the board with Democratic allies who would fire Lamone, but the General Assembly thwarted his plan.

Critics of the state's electronic voting machines were elated by Ehrlich's demands for reform. Linda Schade an advocate with TrueVoteMD, calls voting on the Diebold machines akin to "getting in an airplane without making sure the wings are attached."

 Schade said 33 states have implemented voter verification systems, through legislation or by executive order, and that Maryland should follow their lead.

 "We have been asking these questions for a long time," she said. "It's a pleasant surprise that the governor is so sensitive to this fact."

Schade said she hopes the push for an accurate and secure voting system does not get lost in partisan politics.

"TrueVote's concern is that the critical needs to re-establish election integrity in the state of Maryland, must take precedence over partisan division," she said.