June 23, 2020
Michael R. Cogan, Esq., Chairman
Linda H. Lamone, Esq., State Administrator
P.O. Box 6486
151 West St., Suite 200
Annapolis, MD 21401-2019
Dear Chairman Cogan and Administrator Lamone:
On behalf of the Senate of Maryland, we want to thank you, as well as Board Vice-Chair
Hogan, and Deputy Administrator Charlson for your testimony before the Education,
Health, & Environmental Affairs Committee last week. We were encouraged by the
record turnout in the June 2 Primary Election, and we appreciate the conditions that State
and Local Boards struggled with in putting this historic election together in the midst of
a global pandemic. At the same time, we were greatly disappointed by some of the issues
that were discussed at the hearings, together with other issues raised by elected officials
and advocacy groups.
While the decision for the November election rests with the State Board and Governor
Hogan, we believe it is in the public’s best interest for the State Board to conduct a “hybrid
mail-in ballot preferred election” with four critical improvements from the June 2
Primary: (1) expansion of the number of ballot drop-off boxes; (2) expansion of the
number of in-person voting sites per jurisdiction on Election Day; (3) use of Early Voting
Centers statewide; and (4) an enhanced communication plan that better coordinates State
and Local Board engagement with the voting public, particularly within historically
disenfranchised communities. Specifically, a “hybrid mail-in preferred election” would
require the Board to affirmatively mail General Election ballots to all registered voters in
Maryland, and would provide expanded opportunities for in-person voting than those
provided in on June 2 Primary for those voters who either do not receive ballots in the
mail or who strongly prefer to vote in-person. Public health experts across the country
agree that it is impossible to determine the effect of COVID-19 come November.
Therefore, a “hybrid mail-in preferred” system is the best approach to maximize voter

 participation while minimizing public health risks. Time is of the essence, and we urge
the Board to make a final decision about the process of the election for the General
Election as soon as possible.
Regardless of the process the Board and Governor ultimately decide, it was clear from
the June 16th joint hearing that improvements to the elections process are necessary. In
an effort to increase accountability and transparency, as well as provide constructive
assistance, we are writing to you with requests and recommendations for preparations
ahead of November’s General Election. Whether the setup for the General Election is
similar to the Primary’s mail-in preferred method, or one of a more traditional in-person
nature, it is certain that concerns about COVID-19 will make mail-in voting a safer
method of voting for the majority of Maryland’s voters. Further, we expect historic levels
of voter turnout in November, and the Board cannot repeat the same mistakes from the
Primary. It is essential that over the next five months, the State Board must increase and
improve clear and transparent communications to elected officials, advocacy groups, and
the public. Therefore, we request the Board adopt the following recommendations:
1. Universal Mail-In Ballot Applications (if traditional in-person election): In the
case that the Governor elects to pursue a more traditional in-person voting process
for the November election, the Board should still plan for a drastic increase in use
of mail-in ballots. With the COVID-19 pandemic likely continuing to spread this
fall and winter, and with voters having experienced the ease of vote by mail, we
expect voters to continue to pursue this option. Therefore, absent an executive
order to mail every voter a ballot ahead of November’s General Election, we urge
the Board to send an easy to use vote by mail ballot application to every voter,
regardless of the status of active or inactive. Such an application could include
basic information and allow for a voter to opt-in to receiving a ballot in the mail
for the November election. Applications should be delivered no later than August
15, to ensure maximum participation before the November election. Furthermore,
there were concerns from voters during the June 2 Primary that changes to
registration conducted at the Maryland Vehicle Administration (MVA) did not
accurately update the registration records at the State Board. By July 15th, we
request the Board provide documentation to ensure that appropriate address
changes and registration changes have been transferred ahead of any mailings for
the General Election.
2. Mail-In Ballot Drop-Box Location Plans: Recognizing the popularity and success
of the ballot drop-boxes during the June election, we ask the Board to expand the
number of boxes and develop an easily explainable formula for the number and
location of these boxes, and that the State Board require Local Boards to provide

 implementation plans that explain a rationale for placement locations. These
locations must affirmatively enhance voter access, and the State Board should
require implementation plans that demonstrate location placement along transit
lines or highly trafficked areas of each county. Importantly, these implementation
plans should demonstrate how Local Boards are proactively accounting for access
to historically disenfranchised voters. We ask that a comprehensive State plan
incorporating all Local Board implementation plans be finalized no later than
September 8, and that the formula for drop off boxes includes rationale on a
population and density component.
3. Reinstating In-Person Early Voting Centers: If, considering the long-list of
unknowns as to the state of health and COVID-19 in November, the Governor and
Board of Elections chooses to move forward with a “hybrid mail-in preferred”
General Election in November similar to the June 2 Primary, we would urge the
State Board still to reinstate a modified Early Voting Center process for days ahead
of Election Day. Doing so will both allow for increased observances of social
distancing protocols, and will ensure that there can be increased participation at
the polls throughout the election period, not just on election day. Thus, whether
mail-in preferred or in-person preferred, the State Board should authorize early
voting in all counties this November. In the case of a mail-in preferred election, we
recognize that a modified Early Voting process may be adopted. To ensure this is
done safely and effectively, we request that the State Board by September 8th
develop an in-person early voting plan in coordination with Local Boards that
outlines the operational needs for early voting locations and specifies social
distancing protocols, personnel needs, PPE distribution plans, and any other
expected challenges.
4. Election Day In-Person Voting Locations: We recognize that with this upcoming
historic election, it is difficult to project turnout, and the myriad of issues which
could cause lines at the polls; however, the location and distribution of in-person
polling places during the Primary was arbitrary and flawed. Specifically, too few
were available, particularly in Baltimore city. We would urge the Board to make
decisions based on population – similar to how the General Assembly has
allocated early vote centers – and consider usage of walk-up voting (percentage
walk-up versus mail-in) during the June 2 election. The board should make
certain that there are enough places to handle increased turnout on election day.
Given the need to reduce lines and accommodate the expected large turnout, even
with an all mailed ballot, walk-up locations should at least be doubled. In
addition, we request that the Board exercises stronger oversight over Local Boards
to ensure that there are polling places easily reachable by historically

 disenfranchised voting populations to ensure all Marylanders can exercise the
franchise. If the State Board does not believe it has sufficient legal authority to hold
Local Boards accountable for appropriate polling place distribution, we request
the Board explain such rationale in writing and submit these concerns to the
appropriate Senate and House Committees no later than July 30th. We also
encourage the Board to look at Federal statute, including the Help America Vote
Act (HAVA), the Help America Vote College Program, and other resources to
increase participation for election judges and volunteers. We stand ready to join
the Board to negotiate with Governor Hogan any potential executive order that
may be necessary ahead of November's General Election to ensure clear lines of
authority and accountability.
5. Enhanced Public Voter Education Plan: We acknowledge that the State Board of
Elections used its limited funds reasonably to create a strong public relations
campaign to ensure Marylanders generally knew how they could vote during the
June 2 Primary. However, we do have concerns that the communications did not
sufficiently reach Maryland's minority communities. We hope that the funding for
such an operation in the General Election will be far larger than the $1.3 million
allocated in the Primary, and we urge the Board to enhance communications to all
of Maryland's diverse communities. It will be necessary that the State and Local
Boards work with local partners and elected officials to help uplift that message.
To that end, we request that the Board determine a plan and share it with the
public no later than September 21, so the public may proactively engage in making
sure all Marylanders are aware of the voting process for the November election.
6. Publicly Available Election Operations Timeline: The State Board provides a
timeline to the public concerning many facets of the election, but as was noted at
the June 16th hearing, no such timeline existed for the decisions leading up to the
June 2 Primary. As you offered in the hearing, we would request that by July 30th
the Board and staff update the General Election calendar so all members of the
public have clear information as to how the General Election will proceed.
7. General Election Progress Update Webinars: Clearly, collaboration and
communication are essential, and were at times the cause of unnecessary pitfalls
during the June 2 Primary. Therefore, we ask that you engage ahead of time with
critical voting rights organizations and host no less than five organizational
webinars with statewide community and advocacy organizations between Labor
Day and Election Day to make sure these voter empowerment organizations are
aware of ongoing changes to the elections process during this ongoing public

 health crisis. Similarly, we urge you to consider inviting political parties on these
calls so they can make their voters aware of the updates as well.
8. Eliminating Vendor Errors: We recognize that there are limited options available
for a mail-in ballot vendor, but we were encouraged to hear you say at the hearing
that the Board is exploring all options for November. We request that you update
the Education, Health, and Environmental Affairs Committee no later than July
30th on the progress of these efforts, as well as what decisions have been made
concerning the current ballot vendor if such decisions can be made public at that
time. In addition, we ask that you tell the Committee at that time what new
procedural safeguards have been put in place to ensure all vendor related issues
identified during the June 16th hearing will not happen in the future.
9. Precinct-Level Results for General Election: As has been voiced in the past, the
lack of precinct-level results reduces transparency in elections. While we
understand the context of the unavailability of these results in the June 2 Primary,
we expect precinct-level results to be available for November’s General Election.
No later than July 30th, we request that you update the Senate’s Education, Health,
and Environmental Affairs Committee as to progress towards ensuring
availability of precinct-level results for the General Election, and whether the
Board has found a path for retroactively providing precinct-level results for the
June 2 Primary.
10. Policies & Procedures for Reporting General Election Results: Timely elections
results are important – though all would acknowledge they pale in comparison to
an accurate and well-managed election. Unfortunately, the process for posting and
reporting results during the June 2 Primary was confusing and detrimental to
public trust. We appreciate that both staff and Board leadership took some blame
for some of the issues at the June 16th hearing. What is most important is ensuring
that such confusion does not occur again. Thus, by no later than September 30th,
we request the Board provide the Education, Health, and Environmental Affairs
Committee a comprehensive plan that outlines how votes will be counted,
reported, and posted on Election Day and each subsequent day of counting
outstanding mail-in votes. This plan should incorporate agreed upon policies and
procedures from each Local Board as well.
As we have stated, transparency and communication are key to a successful November
election. We are pleased that we are all united in the goals of a positive outcome in
November, where Maryland will be an example for other states. We stand ready to assist
where we can. Please know that we will continue to ask the tough questions where we

 must in the months ahead to ensure that this is a successful election for all Marylanders.
We look forward to your reply, and stand ready to assist any way we can.
Sincerely yours,

_____________________________
Bill Ferguson
President of the Senate

__________________________________
Paul G. Pinsky
Chairman, Education, Health &
Environmental Affairs Committee