GOVERNMENT

The League of Women Voters promotes an open governmental system that is representative, accountable, and responsive. Whatever the issue, the League believes that efficient and economical government requires competent personnel, the clear assignment of responsibilities, adequate financing, coordination among levels of government, effective enforcement, and well-defined channels for citizen input and review.

Administration of Justice

Action to secure an effective, nonpartisan judiciary and to promote fair and appropriate sentencing, including the abolition of the death penalty; and a correctional system, including probation and other alternatives to incarceration, that protects society and prepares offenders for successful reintegration into the community. (1963, 1964, 1967, 1970, 1987,1989, 2005)

Judiciary

Support for:

a statewide uniform and unified judicial system.
appointment of judges by the Governor based on the recommendations of judicial nominating commissions, with voter confirmation in nonpartisan merit retention elections.
effective, nonpartisan procedures for removing judges from office.

(1963, 1964, 1967, 1970)

Sentencing

LWVMD has Support for: -sentencing based on the offense, the offender's previous record, aggravating or mitigating circumstances, and the impact on the victim. statewide plea bargaining guidelines. -sentencing guidelines which are (a) evaluated continually by a panel of judges, legislators and others interested in sentencing, and (b) expanded to include alternative sentencing. -reporting judicial rationale for sentencing outside the guidelines. -recognizing prison space as a limited resource reserved primarily for those who have committed serious or violent crimes, with the use of alternative sentencing for others. (1985)

Capital Punishment

Legislative Priority in 2007, 2008 The League supports the abolition of the death penalty in Maryland. For so long as Maryland has a death penalty, the League supports the following reforms for its equitable and consistent application.

uniform, statewide, criteria for death penalty prosecutions.
changing the standard of proof in weighing of aggravating and mitigating factors in sentencing from “preponderance of the evidence” to “beyond a reasonable doubt.”
requiring prosecutors to provide open file discovery and all favorable evidence to the defense, and to establish uniform internal guidelines for cases that are particularly subject to human error, such as those relying on eyewitnesses, co-defendants or jailhouse informants.
having mechanisms for preserving evidence such as DNA and for introducing newly discovered evidence.
requiring judges to explain to jurors life without parole as a sentencing option and to charge the jury to weigh mitigating factors.
effective defense including methods to screen, appoint and supervise lawyers representing defendants charged with capital crimes, adequate compensation for public defense counsel and sufficient funding to mount an effective defense.

(2005)

Corrections

LWVMD Supports

alternatives to incarceration in state prisons, e.g., community correctional facilities, halfway houses, group homes, and other community-based services.
a well-staffed correctional system that provides effective training and adequate salaries for the correctional services staff.
a probation system that

(a) is an integral and adequately funded component of the correctional system.
(b) facilitates the behavioral change of clients through cooperation and interaction among community, agency, and departmental resources. These resources, including substance abuse programs, work empowerment, parenting skills, mental health counseling, and child/sex abuse treatment, should be available to every client who needs them.
(c) recruits and retains probation agents; provides a career ladder for field agents; and gives them manageable workloads, time flexibility, and office resources to do in-depth risk and needs assessments, to develop treatment plans, to make referrals for services, and assist in getting clients accepted in programs, and to follow up on client participation in programs. There should be appropriate office facilities, private space, and technological and clerical support to allow agents sufficient involvement with clients.
(d) includes intensive as well as lower levels of supervision of clients.
a Maryland prison system which provides:

(a) a humane physical and psychological setting by the adoption, monitoring, and enforcement of standards with respect to:
-- temperature, ventilation, light and noise control;
-- medical, dental, and mental health care;
-- classification services;
-- fair, non-abusive, non-racist treatment by staff;
-- living space;
-- daily exercise;
-- nutrition;
-- personal safety;
-- visitation.
(b) useful activities (work training, education, counseling, treatment programs) for a substantial part of the work week.
(c) adequate programs which create and enhance self-worth and facilitate community reintegration and economic self-sufficiency, including:
-- substance abuse treatment programs throughout incarceration;
-- ongoing counseling programs;
-- education, literacy, and vocational training;
-- reintegration services for all inmates prior to release and encouragement, with strong incentives, to participate in these programs.
(d) space and security staff adequate to support program activities.
the correctional system's active encouragement of the use of qualified and trained volunteers.
a significant citizen role in setting, reviewing, and monitoring correctional policy.
the use of pre-sentence investigations.

(1971, 1975, 1977, 1979, 1987, 1989)

Juvenile Corrections

LWVMD Supports

the use of specialized judges, counseling services, and administration of juveniles cases, all geared to dealing with families.
small, regional juvenile institutions.
retention of the Youth Center System (formerly called "Forestry Camps.")
Individually designed training and treatment programs and local or regional diagnostic services for juvenile offenders.
coordination of programs and services for juvenile offenders provided by state agencies.
24-hour supervised residential work and restitution centers with treatment programs available.

(1971, 1975, 1977, 1979, 1987, 1989)

Election Process

Action to:

assure fair campaigns and elections
institute elections to fill vacancies in the General Assembly.
support a closed primary election, a mix of single and multi-member legislative districts and coterminous boundaries.
oppose term limits for members of the General Assembly.
action to assure an election system that s equitable, accessible, fiscally responsible, accountable, and enforceable.
opposition to a requirement for uniform voting systems unless funded by the state.

(1972, 1985, 1993, 1997, 2001)

Fair Campaigns

LWVMD Supports: - fair campaign financing (LWVUS Position) - full disclosure (LWVUS Position) - limits on election day campaigning - and full enforcement of election laws. (1972, 1985, 1993, 1997, 2001)

Filling GA Vacancies

LWVMD Supports:

special primary and special general elections to fill vacancies in the Maryland General Assembly to be held at the same time as other regularly scheduled elections (tie-in elections).
a temporary gubernatorial appointment to fill legislative vacancies based on local political party committee recommendations until elections are held.
additional statewide standards regulating the central committee nominating process to fill legislative vacancies; public notice of meetings within the vacated district for public input, the public announcement of candidates prior to that meeting, and a publicly recorded vote of each committee member.

Election Districts

LWVMD Supports a mix of single and multi-member legislative districts. The following criteria should be used to decide which districts should be multi-member: (a) full minority representation, (b) geographic integrity, (c) preservation of political and community boundaries, (d) compactness. LWVMD Supports coterminous boundaries (delegate districts nesting within senate districts).

GA Term Limits

LWVMD Opposes Term limits for members of the General Assembly.

Primary Elections

LWVMD Supports a closed primary election (i.e., only those registrered by political party may vote in that party's primary election).

Election Administration

LWVMD takes Action to assure an election system that is equitable, accessible, fiscally responsible, accountable and enforceable (1997 and 2001). LWVMD opposes a requirement for uniform voting systems unless funded by the state. LWVMD Supports

Mandatory training for all election judges with the state providing basic training instructions;
A minimum compensation level for election judges set by the state;
A restructured Maryland State Board of Elections (MSBE)-formerly the State Administrative Board of Election Laws (SABEL)
Statewide uniformity of voting registration and registration records;
A uniform, simple system for accurate identification of voters at the polls;
A registration deadline set as close as possible to primary and general elections, consistent with technology that provides ballot security and makes the administration of the deadline cost-effective. ("Ballot security" assures ballot secrecy and prevents fraudulently cast ballots);
Provisional ballots, with a strong preference that voters be notified if they are later found not eligible to vote. Provisional ballots allow a voter whose name is not listed on the polling place election register to vote a ballot which is sealed and segregated from regularly cast ballots until the election authority can confirm the voter's eligibility. They provide ballot security, are convenient for the voter and avoid disenfranchisement of voters due to administrative error;
Early voting, but at a limited number of sites in order to assure ballot security;
A permanent application list for absentee voters who affirm that they have a permanent physical condition which necessitates absentee voting. Election authorities would then automatically send to those voters applications for absentee ballots. A permanent application list, restricted to those with disabling physical conditions, fosters access of the disabled to voting, and provides ballot security;
Study, research and pilot projects to determine the feasibility of Internet voting.

ELECTIONS

ELECTIONS Follow-up from previous Session: In the late hours of the 2007 Session, Maryland's legislature passed a voting systems reform act (SB392) mandating more reliable and secure optical scan voting technology by 2010. However, the voting system switch was made contingent on funding in the coming fiscal year. Governor O’Malley has included in the 2009 budget funding to accomplish the switch from DRE voting equipment to optical scan voting equipment by 2010. Senator Colburn has introduced SB 34 – Election Law – Voter Registration – Proof of Citizenship which would require voter registration applicants to submit proof of citizenship at the time of registration, which could include a birth certificate, passport or government issued document showing applicant is naturalized citizen. Senators Harris, Colburn and Greenip have introduced SB 136 – Election Law – Qualification of Voters – Proof of Identity which would require voters to present a current and valid government issued photo identification at the polling place in order to vote a regular (not provisional) ballot. LWV opposes these additional impediments to voting on the grounds that such laws disproportionally affect minority voters, elderly voters and poor voters and because there is little evidence that registration fraud or vote fraud has occurred to warrant creating such additional burdens to voters. SB 54 – Voter’s Rights Protection Act of 2008, submitted by Senators Gladden, Conway, Dyson and Exum and cross filed with HB 102 submitted by Delegate Rosenberg have been filed again this year. This legislation expands a Chief Election Judge’s authority to issue a provisional ballot, requires that a polling place that opens more than one hour late shall remain open later and places limits on the activities of challengers and watchers. Additionally, the bills prohibit distribution of campaign material containing false information or attempting to influence a voter or prevent the voter from exercising the right to vote. In an effort to put an end to the confusion that has arisen recently regarding the right of 17 year olds to vote, Senator Raskin and fifteen other senators have introduced SB 92 – Elective Franchise – Youth Voter Registration and Participation in Elections. This legislation would place on the General Election ballot in 2008 a Constitutional Amendment that would allow 16 year olds to register to vote, and allow 17 year olds to vote in a primary election if they will be 18 years old by the date of the General Election. The League will support this legislation because it will clarify confusion over this issue that arose when the Court of Appeals’ ruling in the Early Voting case appeared to make illegal the 40-year practice in Maryland of allowing 17 year olds to vote in a primary election if they will be 18 by the date of the General Election. The Attorney General has recently opined that political parties have a First Amendment right to determine who can vote in their party election, so 17 year olds can once again vote, but only for party candidates. Allowing 16 year old to register would likely increase the number of young registrants because more of them could be encouraged to register while still in school. Senator Kelley and six other senators have filed SB 73 – Election Law – Rotation of Candidates Names on the Ballot. The bill requires the State Board of Elections to adopt regulations relating to the rotation of the names of candidates of the same political party seeking an office. Currently, candidates are listed by political party in alphabetical order. Lu Pierson

Ethics

LWVMD has never specifically studied governmental ethics. However, we do support

legislation that will make government more responsive and accountable to the voters, such as open meetings,
accessibility of records to the public,
accessibility of records to the pulic, and a code of ethics for government office holders and offcials.

Fiscal Policy

LWVMD supports Action to:

promote an equitable and efficient fiscal structure for Maryland and to improve the fiscal relationships between the state and its political subdivisions (1981).
support or oppose proposed changes to Maryland's revenue structure, by using the following principles to analyze and evaluate the proposed changes (1999).
increase the budgetary authority of the legislature and to achieve a more effective budget process. (2004)

Fiscal Structure

Legislative Priority in 2007, 2008 LWVMD Supports:

An equitable and efficient fiscal structure for Maryland Improvement of the fiscal relationships between the state and its political subdivisions.
support or oppose proposed changes to Maryland's revenue structure, by using the following principles to analyze and evaluate the proposed changes.
A progressive income tax which should be the first choice if a revenue increase is necessary
A sales tax with exemptions to decrease regressivity
A motor vehicle fuel ax on a per gallon basis to be used for transportation, with measures included to protect the environment.
The distribution of state funds to local governments in a variety of ways, based on factors such as population, need, wealth, and tax effort.
Reduction of the number and complexity of equalization formulas used by the state to distribute money to local governments.
Statements of intent and periodic review by the legislature of all state-funded programs.
Permitting legislative reallocation of expenditures within the official state revenue estimate or the Governor's budget proposal.
Fiscal restraints which promote good fiscal planning and allow for proper budget procedures.

Support for use of the following principles (no single revenue source will meet all principles), with Adequate Yield, Equity Fairness, and Compatibility the most important, and Cost-Effective Administration, Elasticity/Natural Growth, and Equity/Fairness more important than those following.

Adequate yield: Adequate and timely revenues are available to finance planned expenditures.
Equity/Fairness: The ability-to-pay principle defined as a progressive tax --a graduated tax--which will collect a greater percentage of income from those with higher income than from those with lower incomes; e.g., a graduated income tax with a series of rates and income brackets.
Compatibility with state social and environmental policy: The state's policy and tax structure are working toward the same ends, not at cross purposes.
Cost-effective administration: Collection costs are low relative to the yield.
Elasticity/natural growth: As the economy, the population and/or inflation grows, the revenue system will grow naturally at a similar rate in order to maintain a constant level of services.
Equity/Fairness: The benefit principle means a tax or fee will be levied in proportion to the benefit received; e.g. user fees, college tuition, and dedicated taxes. Use of this principle must include an assessment of the impact on low-income people.
Simplicity: The revenue source is easy to understand.
Certainty: Te tax is difficult to avoid.
Public acceptance: The political will exists to impose the tax or fee and te public's willingness to comply is evident.
Compatibility and links with federal policy. Maryland's budget includes a significant amount of federal funds; the state income tax is pegged to the federal income tax; several other smaller taxes also piggyback on their federal counterpart; and some state taxes are deductible at the federal level.
A competitive business climate: The state's policy and tax structure will not adversely impact on-going businesses, or where businesses locate. The costs of inducements, such as tax credits, to businesses to move to or to remain in the state will be considered in the light of Maryland's overall competitiveness and attractiveness. Accountability for the cost of inducements and their results must be included in this policy.(1999)
Opposition to:Any constitutional amendment proposed to limit state taxes and spending.
Opposition to:Tax of spending limits imposed by the state on local governments.

LWVMD Positions on New Revenue Sources

October 2007 In order to enact a long term solution that will ensure a healthy future for our state, the League of Women Voters of Maryland, and local Leagues state-wide, support a fairer tax system that provides adequate revenue to maintain services and address unmet needs. In determining League positions on various revenue proposals, two major factors were considered:

1. The budget problem is severe, now perceived as needing $1.7 billion in new funding to continue to fund current programs, and as much at $3 billion to address unmet needs in health care, transportation, environmental protection, housing, education, and programs for children and families.
2. No specific legislation has been drafted, just general recommendations. The full impact of the proposals both on individuals, the economy, and the state budget won’t be known until more details are released including full fiscal analyses.

The following is a list of possible revenue enhancers and the LWVMD’s position on them. Reform the income tax – LWVMD strongly supports this concept. We don’t believe the Governor’s plan goes far enough because under the Governor’s plan, typical married filers earning less than $250,000 and singles earning less than $185,000 will see their income taxes reduced. This hardly reverses the cuts made in the late 1990s which the League opposed, and it misses an opportunity to increase revenues in a progressive way. We support Gov. O’Malley’s proposal to increase the Earned Income Tax Credit and to allow taxpayers to pay a lower rate on taxable earnings up to $15,000 for single filers and $22,500 for married couples. In principle, we will support all efforts to make the income tax more progressive, but will also let lawmakers know how their proposals could be improved. Increase the sales tax from 5 cents on the dollar to 6 cents – Although the sales tax is generally considered a regressive tax, LWVMD will support a sales tax increase with exemptions to decrease regressivity. Given the severity of the fiscal problem, LWVMD will support an increase in the sales tax with the following conditions: it continues to exclude food and medicine, the revenue package includes an increase in the Earned Income Tax Credit, a $50 rebate for low-income individuals and families, sales-tax-free days for articles of clothing priced at less than $100, and other measures to reduce the impact on low-income residents. Expand the sales tax to services – Various proposals about what services to tax have been floated, but as there is currently no specific legislation, it is difficult to evaluate how regressive this expansion will be. However, for the reasons above, and with the same caveats, LWVMD will support an expansion of the sales tax. The service sector is the fastest growing part of the economy, yet it is virtually untapped as a revenue source. Our positions on elasticity/natural growth and adequate yield are the basis for support. Increase corporate income tax rate – LWVMD supports increasing the corporate income tax rate from 7% to 8% because it is one of the lowest rates in the region, and the income, according to the Governor, would be used for transportation and higher education. This meets the League’s adequacy and benefit principles. Institute combined reporting – On the Governor’s web page is says “under the ‘combined reporting’ loophole, some of the largest corporations that receive Maryland services avoid Maryland taxes by shifting profits to subsidiaries in other states. According to a report released in July by the Comptroller’s Office nearly half of Maryland's largest for-profit companies did not pay corporate income taxes in 2005. The report showed that of the 132 largest corporations in Maryland, 64 did not pay corporate income taxes in our State.” LWVMD will support this measure based on our principles of adequacy and equity/fairness. Eliminate “controlling interest” loophole – According to the Governor’s web page “under the ‘controlling interest’ loophole, large corporations in Maryland are allowed to avoid real estate recordation and transfer taxes – 2% of the sales prices that Maryland families and small business have to pay. Last year, a Philadelphia-based company sold the 30-story Alex Brown Building in downtown Baltimore to another out-of-state company and avoided paying an estimated $2.4 million in city and state transfer and recordation taxes. At least 10 other states and the District of Columbia have closed the loophole.” LWVMD will support this measure based on our principles of adequacy and equity/fairness. Increase vehicle titling tax 1% - The titling tax is based on the value of the vehicle; therefore this tax is somewhat progressive. Given the League’s support for transportation and transit projects, we will support this measure based on our position of adequacy. Index the state gasoline tax to the Consumer Price Index – The gas tax in Maryland hasn’t been raised since 1993. LWVMD will support this based on the League’s positions of support for “a motor vehicle tax to be used for transportation” and adequacy. Increase tobacco tax by $1 per pack – In the past, LWVMD has chosen not to support this tax. However, based on the critical need for funding, and our position of tax policy being compatible with social policy, LWVMD will support this tax. (It has been supported by LWVUS at the federal level). We will also support an increase in the alcohol tax, which hasn’t been raised since 1972. Windfall profits tax on energy producing companies – Revenue from this source is slated to go to residents who have been disproportionately affected by increased energy prices. LWVMD will support based on the equity/fairness principle. Various fees on development and pollution – based on LWVUS Natural Resources positions, we will support various proposals by a coalition of environmental groups such as fees on new pavement and impervious cover to be used for Chesapeake Bay clean-up and “polluter pay” fees that will be used for enforcement. Although these fees will do little to relieve the budget deficit, they will further the League’s goals on environmental protection. State-sponsored slot machine gambling – LWVMD strongly opposes expanding gambling in Maryland based on the principles of equity/fairness, compatibility with social policy, and elasticity/natural growth.

Budget Process

The following characteristics are important for Maryland's operating budget process:

Transparency: A budget Process that is clear and readily understood.
Public Access: Opportunity for substantive public input during the entire budget process, including the formulation, enactment and implementation phases
Reliable, current and objective information
Accountability: A systematic review process of expenditures, programs and services to determine their impact, efficiency, and sustainability
Sufficient time to deliberate
Flexibility: The ability to adjust to changing needs
Balance budget requirement

Firearms Control

LWVMD Supports Action to strengthen gun control laws. Support for:

requirement of a proficiency test as part of the procedure for obtaining a hunting license.
restriction on the availability of handguns (not including the banning of handguns).
registration of all handguns including more effective identification process.
compilation of more adequate and uniform firearm and firearm crime statistics by the State Police.
development of police public relations programs to educate the public about firearms, especially gun safety, gun laws, and gun crime, and accident statistics.

(1991)

Local Government

Action to support county home rule, with preference for charter. (1967, 1983, 1985)

Redistricting

LWVMD takes Action to assure a state redistricting process and standards that promote fair and effective representation in the state legislature and House of Representatives with maximum opportunity for public scrutiny.(2004)
LWVMD Supports:

an independent commission as the preferred redistricting body. The membership of the redistricting commission should be appointed by the Governor, the General Assembly and the Court of Appeals; and be bipartisan, geographically representative, and not include any current state elected official.
Standards on which the redistricting plan is based should include -substantially equal population - geographic contiguity - geographic compactness
Final approval by the General Assembly for the legislative and Congressional redistricting plans.
An amendment to the Maryland Constitution affirming that the redistricting process for the House of Representatives should occur only once each ten years after the census.

State Constitution

LWVMD supports: Action to secure a constitution that is clear, concise and confined to fundamentals. (1962)