Election Oversight Under Scrutiny: Legal Battle Reveals Alleged Violations by Maryland State Board of Elections – Part Two

This article is part of a multi-part article examining a lawsuit against the Maryland State Board of Elections involving the proposed early voting center for Hancock. You can read Part One: Local Leaders File Lawsuit Against State Board of Elections

HAGERSTOWN, MD News (11/28/2023) – In a legal showdown sending ripples through Maryland’s electoral landscape, a recent lawsuit has brought to light serious allegations of procedural irregularities and potential Election Law and Open Meetings Act violations during the October 26 and November 3, 2023, meetings of the Maryland State Board of Elections (SBE). This unfolding legal saga, marked by intricacies and complexities, unfolds against a backdrop of heightened scrutiny on election transparency and governance.

Parties Involved:
The courtroom clash features the petitioners, local registered voters legally represented by Adam D. Greivell, Esquire, squaring off against formidable adversaries—the Maryland State Board of Elections, its Administrator, Jared DeMarinis, and Assistant Attorney General Daniel Kobrin. The Board of County Commissioners for Washington County, Maryland, is also intricately woven into the legal tapestry, playing a pivotal role in the controversy surrounding the approval of early voting centers (EVCs) in the region.

Nature of the Complaint:
At its essence, the complaint contends SBE acted without authority in sending a letter on November 3 ordering the Local Board to choose a new EVC to replace its Hancock site, after knowingly violating the Open Meetings Act during the November 3 session. The meeting, which was live-streamed on YouTube, kicked off with an abrupt audio cut-off within seconds of the Chair’s opening remarks. Prolonged periods of inaudibility, constituting nearly 12% of the meeting, have intensified suspicions and fueled the petitioners’ legal action.

Central to the narrative is a pre-existing complaint about inadequate notice, raised by petitioners two days before the meeting—a grievance that now forms a critical part of the unfolding legal drama.

Specifics of the Complaint:

1. Approval Process Discrepancies: The legal battle centers around the approval process for early voting centers in Washington County. Petitioners allege that the Local Board painstakingly weighed all relevant factors and carefully designated three EVCs across the County, covering 96% of registered voters within a 10 mile radius of the EVCs. Petitioners argue that SBE unlawfully substituted its judgment for the Local Board in refusing to approve the the Hancock EVC, and has jeopardized the lawful conduct of elections in 2024, citing alleged violations of election laws and administrative regulations.
2. Open Meetings Act Violations: The complaint alleges multiple breaches, including a failure to provide timely notice, permit public comment, and adequately livestream the meeting—a departure from the Open Meetings Act’s mandates.
3. Audio Glitches: The meeting’s commencement was marred by an audio glitch, truncating the Chair’s opening statement at the 7:45 mark. Persisting inaudibility featured key figures like Assistant Attorney General Kobrin, remaining silent for significant durations.

Broader Implications:
This legal dispute raises profound questions about the nexus between election procedures, transparency, and the legal obligations of governing bodies. As the case unfurls, it not only challenges the legitimacy of the November 3 meeting and the State Board’s directives to the Local Board to change its mind, but also carries broader implications for the landscape of election conduct in Maryland. The audit by the Department of Legislative Services, revealing prior violations, adds weight to the petitioners’ claims and underscores the significance of this legal battle in ensuring the integrity of future electoral processes.

Late Wednesday afternoon, the Board of County Commissioners (citing that their commitment of $50,000 towards an optional third EVC in Boonsboro was based on the representation that the first two EVCs would be located at the Virginia Avenue Election Center in Hagerstown and Hancock Town Hall) filed papers in the court action officially joining the individual registered voters in demanding judicial relief from the State Board’s actions.

Upcoming Proceedings: The next pivotal moment in this case is set for November 29th when a judge is scheduled to hear arguments in Annapolis, Maryland. This hearing is poised to shape the trajectory of the legal battle, shedding further light on the alleged violations and potentially influencing election procedures in the state.

Radio Free Hub City will continue to provide updates as this landmark case unfolds.