Posted: November 2, 2006
Serious Issues Surface in Maryland
Edward B. Foley
Chief Justice Thomas J. Moyer Professor for the Administration of Justice and the Rule of Law
Moritz College of Law
As polling shows tightening of the state’s gubernatorial and U.S. Senate races, three new developments have occurred recently, compounding concerns raised by the problems that plagued the state’s September primary. First, the
Washington Post reports that the Republican Party has told its poll watchers that their “most important duty” is to challenge individuals they believe ineligible, a move that Democrats and other observers say is a “voter suppression” effort. Second, the
Baltimore Sun reports that at least ten poll workers received an apparently fraudulent phone call telling them that they had been reassigned to a different precinct, a scheme that if effective could prevent polling places from opening on time. Third, there have been widespread reports of shortages of available absentee ballots, a problem that might prompt a civil rights suit according to at least one
account. These controversies and others that might emerge could serve as a predicate for attempting to contest a close vote.
Edward B. Foley is Director of the Election Law @ Moritz program. His primary area of current research concerns the resolution of disputed elections. Having published several law journal articles on this topic, he is currently writing a book on the history of disputed elections in the United States. He is also serving as Reporter for the American Law Institute's new Election Law project. Professor Foley's "Free & Fair" is a collection of his writings that he has penned for Election Law @ Moritz. View Complete Profile
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