Changes Made In Pocomoke Election Laws

POCOMOKE CITY -- After municipal elections in 2009 led to an investigation by the State's Attorney's Office, the Pocomoke mayor and City Council set out to fill gaps in and make changes to their election laws. With a second city election under the new rules slated for this April, a review of the new election code shows some recommended changes were put in writing, while other reforms rely on city workers remembering new instructions passed down in talks and training.

Resolution 432, passed before the 2010 elections took place, changed who maintains the list of registered voters, handing over that responsibility to the Worcester County Board of Elections. The only other change made in writing allows voters to download absentee ballot applications online.

Town Manager Russell Blake said other changes suggested by the state's attorney report have been adopted in practice, even if they are not specifically called for in the new code.

"As I recall, the state's attorney report was a recommendation, and all recommendations basically have been followed in writing or in practice," Blake said. The changes not committed to code, he said, are still known to the city workers who run the elections.

Distinguishing marks

After candidate Stephanie Burke alleged her opponents manipulated the absentee voting process to win in 2009, then-State's Attorney Joel Todd conducted an investigation and issued a report. No criminal charges were filed, and Todd found no evidence that candidates or city workers engaged in fraud.

Still, the report said the city did not maintain an accurate list of absentee voters and noted that the way city workers marked each absentee ballot with a number allowed his investigators to determine which absentee voters cast which ballots, violating the principle of the secret ballot.

"Clearly, the ballot number enables a party to identify not only who the voter was, but how the voter voted," Todd wrote. "If a voter can be identified and interviewed for investigative purposes, it is possible that they could be identified and interviewed for any other legitimate or nefarious purpose.

Pocomoke's election code at the time said if there are any distinguishing marks on a ballot, then that ballot can be thrown out; thus, the report noted, the town's practice of numbering the ballots conflicted with its own code.

"If the town employees and volunteers working for the Board of Elections supervisors need additional training, and it seems apparent that they do, then that training must be provided," Todd's report read.

Resolution 432, the new election code, also states any distinguishing marks can discredit a ballot. The updated resolution does not specifically instruct election workers to write ballot numbers on outer envelopes and to not write numbers on the ballots themselves -- the change in practice Todd urged.

"The recommendation about not numbering ballots was incidental," Blake said in an interview. In the 2010 election, he said, Pocomoke conducted the election the way the report suggested: Ballot numbers were placed on the envelopes, not the ballots.

Carol Justice, the city clerk, said she was not aware individual ballots should not be marked with numbers, as had happened in 2009. She said she had not received formal election law training after 2009. Mark Tilghman, the attorney who began representing Pocomoke City in 2008, declined to be interviewed.

Jim Peck, director of research and information management for the Maryland Municipal League, said the sanctity of the ballot box is important in all elections.

"In general, there are broad efforts made to ensure when you vote it's between you and the voting booth," Peck said. The practice of numbering each ballot, he said, is "relatively unusual."

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Oglesby and Mathias Both Claim Victories

SNOW HILL -- Beau Oglesby is the unofficial state's attorney-elect for Worcester County and Jim Mathias is the unofficial state senator-elect for District 38 after the third canvass of absentee votes was held Friday.

In the race for state Senate, Michael James called Mathias to concede and congratulate him on his victory after learning Mathias holds 23,527 votes to Michael James' 22,896 -- a margin of 631.

In a statement to The Daily Times, James said it had been "an honor and a privilege" to participate in the election.

"Though I wish the outcome was different, I truly believe we influenced and helped shape the agenda for the Eastern Shore with our ideas, our positions and with the honest and assertive nature of our campaign," James said.

Jim Mathias was unable to be reached for comment.

With 10,465 votes, Joel Todd will not be able to overcome the 90-vote lead Oglesby holds at the final canvass. Even if Todd receives all possible 85 votes in the final canvass, he would still be 5 votes shy of a tie.

"We are thrilled by the outcome and with the way the campaign was run," Oglesby said. "I am thrilled to be looking down the road and looking forward to being a productive state's attorney."

Oglesby was able to speak to Todd after the votes were totaled and said the two have already been working together and plan to continue working together to bring Oglesby up to speed on pending cases.

In a statement provided to The Daily Times, Todd said he will work to make the transition as smooth as possible.

"It has been my honor and my pleasure to serve the citizens and visitors of Worcester County as a prosecutor since July 1, 1985," Todd said. "The role of state's attorney is at times difficult and demanding with a need, sometimes, to balance what is popular against what is ethical and what is just. During my time in office I have learned that what is popular is not always right and what is right is not always popular."

In total, Oglesby holds 10,555 votes.

The next canvass is scheduled to be held Nov. 22 when 35 absentee ballots will be counted, in addition to 14 overseas ballots, which have already been received by the Worcester County Board of Elections. However, that number is subject to change.

The board mailed out 50 ballots to overseas citizens and soldiers. If they were returned to the board by Nov. 22, they will be counted in the final canvass.

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Oglesby Nears Victory In Tight State’s Attorney Race

Shawn J. Soper
News Editor
BERLIN – While incumbent Worcester County State’s Attorney Joel Todd closed the gap somewhat this week after more absentee ballots were counted on Wednesday, Republican challenger Beau Oglesby appears to have moved closer to his “magic number”.

When the polls closed last Tuesday, it was Oglesby leading Todd by a mere 145 votes and a sense of déjà vu spread across the county electorate closely watching the highly contested campaign. In 2006, in perhaps the closest election in Worcester County history, it was Todd who led Oglesby by a single vote when the polls closed on Election Night. Todd eventually prevailed when all of the absentee, provisional and overseas ballots were counted, but a similar scenario is playing out this week with the candidates switching roles.

On Wednesday, 180 absentee ballots were counted and Todd managed to close the gap, collecting 86 new votes while Oglesby added 75 to his tally. County elections officials were supposed to count 197 absentee ballots, but 17 were rejected for various reasons. For example, 12 were not registered in the county and a handful more were not filed in the appropriate district.

After the batch of absentee ballots were counted on Wednesday, Todd had reduced Oglesby’s lead to just 96, but time, and more importantly, outstanding ballots, appear to be running out on the incumbent.

According to Worcester County Elections Board Supervisor Patti Jackson, roughly 171 ballots remain to be counted, of which 122 are expected to be counted today.

The other 49 outstanding ballots – 14 military ballots and 35 more absentee ballots held back – are expected to be counted on Nov. 22. It’s important to note, the 171 figure is a bit of a moving target because some will likely be rejected and more that were postmarked before the Nov. 2 deadline might trickle in still.

Nonetheless, with an estimated 171 still to count, it appears Oglesby needs just 38 more votes, or about 22 percent more, to win the county state’s attorney race. More simply put, if Todd received 134 of the remaining 171 votes and Oglesby scored 37, the incumbent would win by a single vote.

While the numbers appear to be in Oglesby’s favor, certainly anything can happen and if history teaches one anything about this rivalry, the race is far from over. Oglesby said yesterday he was quietly optimistic with scores of votes still to be counted.

“Compared to four years ago, this is a much better place to be,” he said. “Things look good, but there’s a long way to go and we certainly can’t start celebrating yet.”
Oglesby said the closeness of the race is remarkable, but not surprising given the history between the candidates.

“We’re proud of our campaign and we appreciate the trust at least 50-point-something percent of the county placed in us, and we look forward to proving and demonstrating it was well placed,” he said. “If the counts hold, we’ll look forward to earning the trust of the other 49-point-something percent.”

Todd declined to comment, citing personal reasons.

www.mdcoastdispatch.com

Oglesby Holds Narrow Lead In Race With Todd

SNOW HILL — The Worcester state’s attorney race narrowed when absentee ballots were counted, but candidate Beau Oglesby retained a 107-vote lead over incumbent Joel Todd.

When election officials finished counting about 1,500 absentee ballots Thursday, Todd, a Democrat, had received 739 additional votes. Oglesby, a Republican, added 701 absentee votes.

That cut down the vote lead Oglesby earned on Election Day, but did not reverse it.

“This time four years ago, I was up by two [votes], and now I’m up by 107,” Oglesby said, referring to a razor-thin 2006 contest in which Todd prevailed by 14 votes. “It’s a much better place to be.”

Several hundred absentee ballots Worcester officials mailed out to voters who asked for them haven’t yet been cataloged or counted. Ballots postmarked by Nov. 2 and received by the time officals count absentees again on Nov. 12 could still be counted as valid votes.

“We’re quietly optimistic,” Oglesby said. “There’s still enough votes out there to make a difference, so we’ll stand by and see what happens.”

Todd did not return a call for comment late Thursday.

In another close Worcester county race, for District 4 commissioner, incumbent Democrat Virgil Shockley slightly widened his lead over Republican Ted Elder.

Shockley earned 93 absentee votes, for a total of 1,257; Elder garnered 79, for a total of 1,172. Shockley now leads by 85 votes.

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Absentee Voting Deadline is Nearing For Virginia Voters

RICHMOND, VA. — The deadline is approaching for Virginians planning to vote by absentee ballot.

The State Board of Elections says the deadline to apply to vote by absentee ballot for the Nov. 2 election is Oct. 26 by mail. Virginians looking to vote by absentee ballot in person can apply and vote by Oct. 30.

There are more than 18 different ways to qualify to vote by absentee ballot. That information and an application are available on the State Board of Elections website.

Officials are encouraging qualified voters to consider voting by absentee ballot to make sure they are able to take part in the election.

The board says there are currently more than five million voters registered in Virginia.

Online: www.sbe.virginia.gov

www.washingtonexaminer.com

District 2 Absentee Ballots

SNOW HILL -- Detectives confiscated dozens of envelopes that had contained District 2 absentee ballots, launching what officials described in vague terms as a voting integrity probe.

The Worcester Bureau of Investigation officers placed empty ballot envelopes into evidence bags and sealed them with red tape, after county election officials had tallied the votes on the ballots they had contained.

Members of the Board of Elections wore surgical gloves while counting all of the absentee ballots and separately counted ballots from District 2, which stretches from the outskirts of Berlin to Pocomoke, covering mostly unincorporated areas of Worcester County.

Worcester County State's Attorney Joel Todd said he was "made aware" Sept. 10 of a "potential issue" with absentee ballots cast by voters in District 2. He requested the election board have staffers handle absentee ballots with surgical gloves as not to impact evidentiary value.

Todd said the investigation is isolated to District 2 absentee ballots, and that he has "no reason to believe the Board of Elections has done anything wrong."

The Office of the State Prosecutor, not Todd's own office, is leading the investigation, he said. The chief investigator with the state prosecutor's office, Jim Cabezas, declined to comment.

Jeffrey Cropper, an attorney for the county Board of Elections, said he could not comment on the substance of the complaint or who made it.

Two candidates' names appeared only on District 2 ballots, and not in other districts: County Commissioner incumbent James Purnell and challenger Edward S. Lee, both Democrats. The race between them turned out to be the only one in Worcester in which one candidate led among ballots cast in person, but another candidate leads among absentee votes counted so far.

After early voting and Election Day ballots were cast, Purnell held a comfortable lead, with 525 votes to Lee's 250 votes. Lee, the former head of the Worcester County NAACP, had won just 32 percent of votes cast as of Tuesday night.

But absentee ballots counted Sept. 16 gave much more support to Lee, giving him 76 percent of their votes. Still, the additional 87 absentee votes for Lee and 27 absentee votes for Purnell didn't knock Purnell off the top spot; Purnell still led 552 to 337. No Republican ran for commissioner in the district.

A final round of counting absentee and provisional ballots was scheduled for Sept. 22, after press time for this edition.

Lee, when asked for comment, said: "I have no comment at this time. You're telling me something I don't know about, and have to look into."

Purnell, in a brief interview, said: "I hope it's not true. It looks bad on the district."

For statewide Maryland elections, people voting absentee can have someone pick up a blank ballot on their behalf, help them fill it out and also turn it in, as long as a "designation of agent" form is filled out. The voter's assistant can't be a candidate on the ballot, the voter's employer or an officer of the voter's union, however.

In two recent Worcester County municipal elections, candidates won seats when their support among absentee voters skyrocketed compared to the ratio of votes cast in person. In April 2009, Pocomoke City Council candidate Tracey Cottman split the in-person vote with candidate Stephanie Burke at 58 votes apiece, but won the seat on the strength of her 178 absentee votes to Burke's four votes. A special investigation of the vote by Todd's office found no wrongdoing by any candidate, but urged the town to stop the practice of individually numbering absentee ballots and their envelopes, making it possible to name who cast which ballot. The investigation also found the town's own election board didn't keep an accurate list of voters.

Todd's report specifically cleared Lee, who supported Cottman's candidacy, of any wrongdoing in the 2009 Pocomoke election, saying Lee "was not and is not the 'subject' of this investigation." A blog post published by Burke had claimed that Lee was a subject of it.

In May 2009, two Snow Hill candidates, Rebecca Bowman and Gerald Shockley, handed in dozens of voters' sealed absentee ballot envelopes for them, prompting resident David Suznavick to ask Circuit Court to invalidate the election. A judge declined to do so, saying Snow Hill's election laws didn't prohibit what the candidates did.

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Absentee Ballot Envelopes Under Investigation In Worcester County

SNOW HILL — State prosecutors are investigating absentee ballots in connection with Worcester County's primary election, and county law enforcement and prosecutors are refusing to say what the investigation is about.

Worcester County State's Attorney Joel Todd said he was "made aware" Sept. 10 of a "potential issue" with absentee ballots cast by voters in District 2, which covers Snow Hill and parts of central Worcester. He requested the election board have staffers handle absentee ballots with surgical gloves as not to impact evidentiary value.

Of the 701 absentee ballots applied for in Worcester, 517 have been returned to the Board of Elections. On Thursday, staffers turned over to detectives with the Worcester County Bureau of Investigation144 envelopes returned by District 2 voters. The ballots themselves stayed with the Board of Elections.

Todd said the investigation is isolated to District 2 absentee ballots, and that he has "no reason to believe the Board of Elections has done anything wrong."

Todd said on primary day, Sept. 14, contacted the Office of the Maryland Attorney General for guidance. They in turn referred the case to the Office of the State Prosecutor, who will now be handling the still-undefined investigation.

He declined to speak further about what he called an ongoing investigation. The chief investigator with the state prosecutor's office, Jim Cabezas, also declined to comment.

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