Special Election Effort For Charter Board Fails

George Wenschhof

In a letter to the Frederick County Board of Commissioners, Election Director Stuart Harvey informed them the petition effort to call for a special election had failed.

The total certified signatures by the Frederick County Board of Elections numbered 1,741, which turned out to be 259 short of the required 2,000 signatures. A total of 2,915 signatures were reviewed by elections staff.

The effort to change the form of government to charter in Frederick County started off in a bumpy fashion as some questioned the make up of the charter writing board appointed by the Board of County Commissioners.

The state constitution allows for a petition challenge to an appointed charter writing board if 2,000 verified signatures are obtained within sixty days from the appointment. If, successful, a special election would then be held with voters determining who would serve of the charter writing board from among the nine who were appointed and the eight who appeared on the petition.

The main argument for a special election was the appointed board had a heavy weight of representation from the development field. This argument, following what was a "growth" versus "no-growth" major theme in last year's county commissioner election, won by a majority of what some would classified as developer friendly candidates.

The main argument against the special election was the purported cost of $250,000.

I opined throughout the process, I was not opposed to the effort as the state constitution provided an opportunity for voters to petition for a special election to determine the make up of the charter writing board. However, I added I had not been convinced to sign the petition.

The changing of the manner in which the community you reside, is governed, is indeed a major change and should be treated as such. Providing an opportunity for a special election showed the wisdom of those who wrote that particular section of the Maryland constitution.

You can see a summary of the categories which led to rejection by the election staff here. The highest number of rejected signatures (584) was based on the name standard. I wrote earlier in the week, the name must match how it appears on the state voter registration.

One area of contention, was the listing at the top of the petition page of the required mention of "Maryland Constitution Article XI-A, Section 1A". In the letter sent to the commissioners from Mr. Harvey, he spells out how they resolved what appeared to be a lack of clarity to the petitioners prior to when they were advised what was needed. As a result, all signatures were verified and only pages which omitted the reference after the advice was given were tossed out. These disqualified signatures did not add up to enough to have failed the effort.

I believe petitioners still have the opportunity to seek a stay of the election staff decision and force another review of the signatures which were submitted.

However, with a shortfall of 259 signatures, it would be tough to make up in a review. At this point, it would be prudent for those who wish certain sections of the charter be written in a particular manner, that they take advantage of the community outreach being conducted by the appointed charter writing board

How the county executive and county council are balanced, whether council members are elected at large or by districts are just two of the many areas of the charter, members of the Frederick county community should weigh in on. Let you preference be heard and encourage others to do the same.

When the charter is complete, a yes or no question will appear on the ballot in the 2012 general election and the voters will have the final say on the matter, as it should be.

Stay Tuned...

Petition Review Underway For Special Election

George Wenschhof

Elections Director Stuart Harvey indicated to me in a conversation yesterday, he hoped to have the review of the petition for a special election for the members of the charter writing board complete by the end of this week. Two thousand signatures need to be verified by the Frederick County Board of Elections for a special election to be held.

He also sent me the review criteria which will be used by staff as they sort through the signatures on the petitions which can be read here.

I asked him if any of the aspiring charter board members had met with him to review how the petitions should be filled out and he said no. A total of 2,864 signatures were turned in which led me to opine the likelihood of a special election was strong.

However, after talking with Mr. Harvey, it may not be as strong a likelihood as I thought. He pointed out in last years election, Scott Guenther ran as a unaffiliated candidate for delegate in district 4-a and as a result, needed a petition to appear on the ballot.

According to Harvey, Mr. Guenther submitted his first batch of signatures to the state for verification and had many thrown out based on the above referenced review criteria. Mr. Guenther, who had not requested any help in explaining the process, then discussed what was needed and went on to acquire the needed signatures.

A signature must be the same as it appears on the state voter registration file and is one of the most common areas which result in a petition signature being disqualified.

So, although the 2,864 signatures are 43% more than what was needed, the effort may still fall short.

Stay Tuned...

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Likelihood For Special Election Strong

George Wenschhof

The arrival of 2.864 signatures on petitions calling for a special election for members of the Frederick County, Maryland charter writing board came on the last day allowed by law.

Two-thousand of the signatures need to be verified by the Frederick County board of elections for the special election, estimated to cost $250,000 to take place. If a special election is held, it must be held no sooner than thirty days and no later than ninety days.

Board of county Commissioners president Blaine Young (R) continues to push back against the special election, citing the cost and saying the selection process was open, fair and balanced.

Those who favor the special election point out the heavy development community representation, the apparent desire to have a strong county executive and the increased exposure to voters on issues surrounding charter government which would likely be a result.

Stuart Harvey, elections director, informed me the verification process is closed to the public as it is considered an administrative procedure and therefore not subject to Open Meetings law. Mr. Harvey expected the review process to be complete within one week. Harvey added the petitions may be reviewed after they have finished the verification process.

If a special election is held, the nine members appointed by the board of commissioners along with the eight petition challengers would appear on the ballot in alphabetical order, with voters selecting up to nine.

The likelihood of a special election is strong with total signatures submitted on petitions exceeding the needed 2,000 by 43%.

Stay Tuned...

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