DelMarVa's Premier Source for News, Opinion, Analysis, and Human Interest Contact Publisher Joe Albero at alberobutzo@wmconnect.com or 410-430-5349
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Sunday, May 31, 2009
Welcome Chelsea Reid & Ghanima
Last Survivor Of The Unsinkable Titanic Dies At 97
LONDON — Millvina Dean, who as a baby was wrapped in a sack and lowered into a lifeboat in the frigid North Atlantic, died Sunday, having been the last survivor of 1912 sinking of the RMS Titanic.
She was 97 years old, and she died where she had lived — in Southampton, England, the city her family had tried to leave behind when it took the ship's ill-fated maiden voyage, bound for America.
She died in her sleep early Sunday, her friend Gunter Babler told the Associated Press. It was the 98th anniversary of the launch of the ship that was billed as "practically unsinkable."
Babler said Dean's longtime companion, Bruno Nordmanis, called him in Switzerland to say staff at Woodlands Ridge Nursing Home in Southampton discovered Dean in her room Sunday morning. He said she had been hospitalized with pneumonia last week but she had recovered and returned to the home.
A staff nurse at the nursing home said late Sunday that no one would comment until administrators came on duty Monday morning.
Dean just over 2 months old when the Titanic hit an iceberg on the night of April 14, 1912. The ship sank in less than three hours.
Dean was one of 706 people — mostly women and children — who survived. Her father was among the 1,517 who died.
Today's Wildlife Pictures On The Wicomico River
The Truth Behind NASCAR And Dover Downs
I received a telephone call asking me what it would take to do so and if I'd be interested in putting the event together as a Host. They wanted to know what I would charge them to do so and after hearing their excitement about the idea I said, I'll tell you what. If you really want to pull off this event, I'll take the same risks as you and I won't charge you anything THIS YEAR. Should the event be a success you can start paying me next year. We agreed.
I asked Dover Downs to make contact with a couple of current Professional Players as well as lining up the Pool Tables. Three days before the event was supposed to go off I received a phone call from one of the Executives in a panic. The supplier that was supposed to deliver the Pool Tables called to tell them they could not fulfill their agreement and they were NOT going to deliver the Pool Tables for the event. Dover Downs was in serious trouble.
I told them to sit back for an hour or two and I'd see what I could do. I then called my good friend Bruce Hunter, (Bruce's Billiards) from Salisbury and I filled him in on the situation. I told them what Dover Downs was willing to put up money wise to RENT the Pool Tables for a day and it was almost as much as what he could sell the Pool Tables for. The major problem was, how were we going to pull this off in two days. Bruce rearranged his entire schedule, worked with Dover Downs and even agreed to Referee for the event.
Here's where things got interesting. While Bruce and I both never thought we'd see a sell out crowd at this event, we arrived the day of the event with a crowd standing in line like I had never seen before. We met with several other people Dover Downs had brought into the picture as referee's and we held a pre meeting where a new guy, (another executive) started the meeting by telling ALL of us we were going to be referee's. I stood there kind of dumbfounded and said, excuse me but that's NOT what I had been brought in for. He said, "Well Things Change, Do You Have A Problem With That." I turned to him and I said, do you know who put this entire event together? He replied, you did. I then said, do you know how much money you paid me to pull this entire event off? He said, I don't believe we did pay you. I said, that's exactly right. Now I didn't do all this work and travel all this way just to be told like a puppet that I was going to be one of your referee's. I was brought in to commentate and Host this event, not referee. Again, he said, well things change, do you have a problem with that.
I looked at him, walked over to my suit, grabbed my Pool Cue and said, nope, I have no problem with it at all. Good luck with the event. I then walked out of the building, leaving Bruce Hunter behind. I got the Valet People to go get my car where my cigars were and just as they pulled up with the car Bruce came out and said, what are you going to do. I told him I wouldn't leave him high and dry, (as I drove him to the event) but I'd have nothing to do with these a-holes. He said, so you're just going to leave? I said, no, I expect my phone to ring any minute now because there's no way they're going to pull off this event without me, just think of the Post I'll have up on the Blog about it.
Within 2 minutes George, (one of the executives) was calling me on my cell and he said, Joe, we need a referee. Can you help us out during the beginning of the event and then we'll have you commentate the event for the Finals? I said, sure, that works for me. Bruce was smiling and laughing like there's no tomorrow because he knew I wasn't going to take any sh!t from these people.
If you've never seen the final event, here's my Post on it and the VIDEO of the actual event.
All that being said, this weekend Dover Downs pulled off this event once again, this time sponsored by Brunswick and Hosted by Ewa Mataya Lawrence, a very dear and old friend of mine. Did I get a call from Dover Downs asking to be a part of the event? NO. Did Bruce Hunter get a call from them asking for Pool Tables, NOPE! They used us last year and while they said they did not expect much of a crowd the first year, the place was sold out, they offered absolutely nothing.
So for those of you who have any ties whatsoever with Dover Downs, they're users and do NOT come through with commitments or agreements. A lot of time and effort went into pulling this event off and while I support it for the good of the sport, I do not appreciate the fact that Bruce Hunter called this year to see if they could provide us with guest seats for the Billiard Event or even tickets to the races, they refused to offer anything.
Over my many years of being around Pool, this is somewhat common. However, our agreement and understanding was that I would take the same risk because I felt bad that they may not have much of a crowd and I wanted to GIVE BACK to a sport I love so much.
Dover Downs, YOU'VE JUST BEEN BLOGGED!
I'm sure my friend Bruce Hunter will chime in to this Post and confirm or adjust anything and everything that is or isn't 100% accurate, as I would expect him to do. We waited some 5 or 6 months, (if not longer) just to get them to deliver the video they agreed to provide from the beginning. Bruce also had a VERY hard time collecting the money they promissed him for the tables. They came back saying they didn't agree to that much money, (yet Dover Downs made a small fortune on the event) and we had e-mail messages back and forth confirming the money agreed upon. He did finally get paid but it was like pulling teeth and Bruce dropped everything to help them out! It was just another learning curve in life but the true lesson will come when hundreds of thousands of people, (if not millions) Google NASCAR and or Dover Downs and this Post pops up.
It would have been nice to at least be offered guest tickets to the event this weekend but some people forget where they come from and Karma is a bitch. By the way, I hope this years event went well as well as future Billiard Events at Dover Downs. Oh, I'll bet you as million dollars Ewa didn't knock the Nine Ball in on the break as many times in a row as I did.
Here's this years promo video of the event.
DID WORCESTER COUNTY VIOLATE THE “SUNSHINE LAW”?
This is already a major story in regard to the layoffs, but it may have an even bigger impact under the State’s Open Meetings law if someone challenges the proceeding. Stay tuned!
By the way, the vote that occurred on these matters was 4 to 3.
Bias Case Looms Large for Nominee
The case is under review by the Supreme Court that Sotomayor would join. If the decision is reversed -- which, from the tone of oral arguments in April, seems a distinct possibility -- the high court's ruling will probably come at the end of June, just as the Senate and the nation begin to consider Sotomayor's qualifications.
The White House, concerned that a reversal would be seen as an embarrassment for its nomination, is rolling out a multi-pronged strategy to explain the case and Sotomayor's role in it. The first step was to offer a collection of legal experts who say the ruling marks Sotomayor not as a judicial activist, or even a supporter of minority rights, but as a conservative jurist whose actions show how closely she hews to court precedent.
But White House strategists face a tough challenge in the sound-bite war. The New Haven case raises complex issues about workplace bias and how far governments may go to ensure they are not discriminating against minorities before they intrude upon the rights of those in the majority.
The white firefighters who brought the suit say it can be reduced to this: They were denied the promotions they earned because of the color of their skin.
"The opinion contains no reference whatsoever to the constitutional claims at the core of this case," Cabranes wrote. "This perfunctory disposition rests uneasily with the weighty issues presented by this appeal."
In New Haven, tensions between white and minority firefighters are the real-life consequences of the suit, and Sotomayor's nomination has ratcheted up the attention.
Gary Tinney, president of the local chapter of the International Association of Black Professional Fire Fighters, said relations are not good in the department, where no one of any race has been promoted since the test was given in 2003.
"The feeling in there is just total isolation," Tinney said. "You have to watch your back."
Indian River Inlet Bridge Monitoring Devices Installed
Indian River -- The Department of Transportation (DelDOT) will be performing maintenance work and installing various devices to monitor the condition of the existing Indian River Inlet Bridge next week, Monday June 1 through Thursday, June 4, 2009. The work will require the right lane and shoulder of Route 1 northbound in the vicinity of the Indian River Inlet Bridge to be closed from 8 a.m. to 2 p.m. each day. Therefore, only one lane of traffic will be available going northbound on Route 1 over the bridge.
The monitoring devices were installed in cooperation with research performed by the University of Delaware and are just one of many efforts being made to ensure the existing Indian River Inlet Bridge remains stable while the new bridge is built. Additional efforts include:
1. Visual Structure Inspections: As part of the monitoring program, DelDOT performs annual bridge inspections of the structure. The next inspection is scheduled for August 2009.
2. Underwater Dive Inspections: Also part of the program, DelDOT performs annual underwater dive inspections. The next inspection is scheduled for the October 2009.
3. Bathymetric Surveys: DelDOT continues to conduct annual bathymetric/fathometer surveys to examine the streambed area around and between the piers until the new bridge is complete. A fathometer study was recently conducted in April. The study indicated that there have not been any significant changes over the last year. This routine survey will be completed again in spring 2010. Additional surveys are conducted after severe storm events. In addition, the Army Corps of Engineers has provided DelDOT with their periodic bathymetric surveys, the most recent from 2007. The technology has improved over the years allowing the viewer to essentially see an underwater picture of the site. These renderings are posted on www.irib.deldot.gov.
4. Land Survey Equipment: Land survey equipment is used to monitor movement on the existing bridge on a regular basis (monthly). These readings have indicated little to no movement of the bridge. Any movement indicated is a result of normal expansion and contraction due to temperature effects.
Jesus and the Burglar
He picked up a CD player when a strange, disembodied voice echoed from the dark saying: 'Jesus is watching you.' He nearly jumped out of his skin, clicked off his flashlight and froze.
When he heard nothing more he continued. Just as he pulled the stereo out he heard: 'Jesus is watching you.'
Freaked out, he shined his light around frantically. Finally, in the corner of the room his light beam came to rest on a parrot.
Did you say that?' he hissed at the parrot. 'Yep,' the parrot confessed, then squawked, 'I'm just trying to warn you that he's watching you.'
The burglar relaxed. 'Warn me, huh? Who in the world are you?'
Moses,' replied the bird.
Moses?' the burglar laughed. 'What kind of people would name a bird Moses?'
"The kind that would name a Rottweiler Jesus
How Government Works
So they created a night watchman position and hired a person for the job. Then Congress said, "How does the watchman do his job without instruction?"
So they created a planning department and hired two people, one person to write the instructions, and one person to do time studies. Then Congress said, "How will we know the night watchman is doing the tasks correctly?"
So they created a Quality Control department and hired two people. One to do the studies and one to write the reports. Then Congress said, "How are these people going to get paid?"
So they created the following positions, a time keeper, and a payroll officer, then hired two people. Then Congress said,
"Who will be accountable for all of these people?"
So they created an administrative section and hired three people, an Administrative Officer, Assistant Administrative Officer, and a Legal Secretary. Then Congress said, "We have had this command in operation for one year and we are $18,000 over budget, we must cutback overall cost."
So they laid off the night watchman.
SUSSEX COUNTY SHINES AMIDST ECONOMIC TURMOIL
1. County workers are going to pay slightly more for their health benefits - (note: workers in the private sector are already having to pay a significantly higher portion as compared with Wicomico County workers, especially, if you are retiring school teacher - as they just voted last week . . .you guessed it for a substantial increase).
2. Here is the key - Sussex County has not grown its government amidst the boom in the housing market and then sudden crash whereby their transfer tax revenues plummeted and other housing related revenues declined.
3. Sussex County requires a public referendum on mammoth public works projects like schools, prior to, initiation of construction. This policy symbolizes accountability to the most important sector - the working taxpayers.
Sussex County, despite the declining revenues, cut its debt and spent its money prudently.
I can tell you first hand folks that having expanded my own business into this State I have seen first hand how they handle economic downturns. First, the building departments in most localities are run by Free Enterprise. In fact, they will guarantee you an inspector to your site within 24 hours in most jurisdictions.
I have watched Governor Jack Markell propose legislation that will require only one business license as opposed to carrying multiple business licenses thus streamlining the license process. This is pro-business . . . not to mention that Delaware has one of the best renewable energy policies in the entire nation. Just watch what is happening offshore as the wind turbines start to mobilize.
Maybe Maryland's lower shore Counties could learn a lesson or two and take heed to some of Delaware's policies as they embark on next years budget.
Saturday, May 30, 2009
Susan Boyle Takes 2nd Place
Dream over: Boyle finishes 2nd in UK reality show
By JENNIFER QUINN, AP
LONDON — She dreamed a dream, and it very nearly came true.
But Susan Boyle 's reality show journey finished Saturday with a second-place finish in the finals of "Britain's Got Talent," an ending that didn't fit the fairy tale. Instead of the 48-year-old internet sensation, an exuberant dance troupe called "Diversity" took the 100,000-pound ($159,000) prize and will perform for Queen Elizabeth II at the Royal Variety Show.
Boyle paced around the stage as the hosts named the top three of the ten final acts, and looked almost relieved when her name was called as the runner-up. She recovered in time to graciously praise the dancers.
"The best people won," Boyle said. "They're very entertaining. Lads, I wish you all the best."
Boyle then curtsied several times to the audience, gave them her signature shimmy, and strolled offstage.
It had been a tumultuous week for Boyle, a woman previously unused to the limelight. She lost her cool during a confrontation with two reporters, and the police intervened. One contest judge said Boyle had contemplated pulling out of the competition to soothe her frazzled nerves
But when she stepped into the spotlight Saturday, Boyle seemed more polished — and animated — than in previous appearances.
She wore a modest, but glamorous, floor-length gown, and chose to go back to the song that rocketed her into the international spotlight: "I Dreamed a Dream," from the musical "Les Miserables."
Her hometown of Blackburn, Scotland — a small, working class village about 10 miles (16 kilometers) west of Edinburgh — rallied round her, stringing up posters and signs in her support. Friends and neighbors gathered at a local pub to watch the performance.
"I've known her for many years," said 72-year-old neighbor Margaret Yule. "She's a lovely lassie and she will do well whatever happens. Susan is about the singing, and fame and fortune won't change her."
Millions tuned in to the live program and voted by telephone afterward.
Boyle was up against a host of everyman acts determined to find stardom on reality television, including Shaheen Jafargholi, a 12-year-old whose voice has been compared to Michael Jackson's, Hollie Steel, a 10-year-old who turned in a solid performance after a tearful semifinal meltdown, and a grandfather-grandaughter singing duo.
And then there was "Stavros Flatley," a father-son act who parodied "The Lord of the Dance" by romping around the stage shirtless, in blond wigs and leather pants, combining Greek and Irish dancing and music.
But it was Boyle whom people tuned in to watch.
After her first appearance in April, Boyle became the favorite to win the competition. As she stepped on stage during auditions, her frumpy appearance drew condescending looks from the studio audience and the judges, but her soaring, evocative voice silenced the doubters and turned her into an Internet sensation.
The first moment Boyle sang was one that has been viewed millions of times, the fifth-most watched clip in history on YouTube. It was a moment that went down in reality-show history.
As Boyle hit a high note at the end of the song's first line, judge Simon Cowell's eyebrows rose along with her voice. The audience went mad. And a star was born.
She has since appeared on the "Oprah Winfrey Show." Demi Moore tweeted about Boyle on her Twitter feed. Boyle dominated Britain's tabloids — but there were signs she was feeling the heat.
She acknowledged Saturday that it had been a stressful few weeks, but said onstage that it had been "well worth it."
Cowell said that she'd been given a rough ride, but that she was "a nice, shy person who wants a break."
AP Writer Ben McConville contributed to this report from Blackburn, Scotland.
Today's Daily Special
Hi, my name is Joe and I will be your Server today.
Welcome to the Salisbury Ho Restaurant. Our normal specials are Salisbury Steak but today we have a different kind of meat.
This is not the kind of beef you can purchase in a Store. It's not raised on a farm. Well, it could be, I'm not really sure.
Anyhow, for fast food, (a quickie) it's $10.00.
Today's back seat special is $20.00, it includes the rack.
Our Weekend Special includes a room for $34.99 a night.
Any complaints can be directed to the Salisbury SPD. You may get an answering machine but they'll get back to you.
If YOU happen to capture any more HOOKERS on the street please forward them to alberobutzo@wmconnect.com and we'll be sure to put up Today's Daily Special until Chiefy Webster takes this serious enough to do something about it.
A Comment Worthy Of A Post
What in the world is Louise Smith thinking? How many times does that area have to be cleaned up for free? I take that back it isn't going to be free. There are going to be members of public works, Neighborhood Services and Code Compliance and the Salisbury Police Department working overtime that day. I am quite confident they won't be "volunteering." This is a typical welfare environment and mentality. If you continue to give handouts they will continue to take. Have you ever noticed when you go to parks and/or zoos there are signs that read "Don't Feed the Animals?" This is for a reason, if you continue to feed the animals they will continue to become dependent on you and won't fend for themselves. If that area is in that bad of shape that it needs to be cleaned up every two months then it is time to allow NSCC to do their jobs and issue violations. It is obvious this area is a nuisance and these are problem properties. It is time to go after the major violators, the Slum Lords.
Mayor Ireton you promised "Help Is On The Way."
http://www.delmarvanow.com/article/20090530/NEWS01/905300341/1002/Our+Towns
Council president to host cleanup
SALISBURY -- City Council President Louise Smith plans to host another neighborhood cleanup in the Church Street and Doverdale neighborhoods June 6.
Smith said she is looking for more volunteers.
The cleanup is set for 9:30 a.m. Volunteers will meet at the Christian Shelter Parking lot on Barclay Street. In case of inclement weather, the event will be canceled.
Call 410-341-3597.
Reminder - Humphreys Dam Break Ceremony - Today at 11:00
Rt. 13 Gets Shut Down Last Night
Fitzwater Street Gets Shut Down Too
Shorebirds Game Called For Heavy Rain And Flooding
Fortunately for the CAC they were able to complete much of their fundraising before the storm actually hit. WMDT was able to make their announcements and then all heck broke loose.
Why So Many Empty Seats At At JMB Graduation?
The Latest Update On Little Brooke Mulford ;-)
Just wow! What a week for everyone. Wanted to let everyone know what is going on. After arriving at CHOP in the wee hours of Tuesday morning Brooke and Mommy got a little sleep. On Tuesday Brooke had to receive platelets and another blood transfusion. Her counts were super low to have a blood transfusion 2 days in a row. At least Tuesday night Brooke got to play hospital bingo, where she won two games.
Brooke was very happy to see Grammy on Tuesday and Wednesday as well. Wednesday Brooke started feeling a little better and ate a little. Of course she was pumped up for Wednesday night to watch the show Wipeout. She has been talking about this for months. Amy has had to keep her satisfied with taped shows from last year.
After that it was time for bed, because Thursday morning was a very big test, a full body MIBG Scan. First thing Thursday morning Brooke was wheeled off for the scan. Brooke did amazing again. She sat perfectly still and did not move. Afterward she told Mommy that she had a very bad itch on her nose for about 10 minutes and did not scratch it. Everyone was just so amazed. Amy the tech who did the scan, told Brooke she was very pleased to meet her and had been following her story everyday, isn’t that so cool?
As the day went on Brooke got to see Grammy, Uncle Johnny, Aunt Johanna and Daddy. Later that day a doctor came in and gave the results of the scan and Dr. Weiser would be in later to elaborate more. Talk about pure torture to Dr. Weiser arrived. The results of the scan were as follows: Everything was clear except 3 areas. At the top of both femurs and in the skull were very slight traces of Neuroblastoma uptake residual cells.
To put things in perspective on a scale of 1 to 100 When Brooke arrived at CHOP she was 99 and currently she is 1. Dr. Weiser stated the Team is very happy, because sometimes the Chemo does not work and all signs point to that Brooke is responding and her course of treatment is still on track. These 3 spots are not tumors and are very slight. They are so small that radiation is not even required before proceeding. Of course Amy and I just wanted to here no traces all clear!
As Brooke’s counts continue to come up she will have other tests this weekend. Those tests consist of some cat scans. Brooke is scheduled to have another Bone Marrow Biopsy next Thursday. That along with the MIBG really confirms where Brooke is in the treatments. She is still on tract for the transplant in a couple weeks.
Today Brooke really made a big jump on her counts and was running all over the room according to Amy. Hopefully she will be able to come home Sunday. Well that is where we are right now. I need to sign off, because I need to get up at 5:30AM and be in Medford NJ tomorrow for Children Capture the Cure Event. First there is a motorcycle ride for Brooke put on by the Cyclone Riders MC, NJ Chapter with around 200 riders and I hear the secret celebrity is the host and speaker for the show Deadliest Catch. How cool, but need to be in Burlington NJ by 9:30AM.
Then its off to the main event, The Children Capture the Cure Event which will feature the Little Miss Rose Pageant. This event takes place from 10AM to 5 PM at the Indian Acres Tree Farm in Medford NJ. There is 75 contestants signed up for the pageant and they are expecting around 600 people. The event is to benefit the American Cancer Society and The Brooke Mulford Foundation. This is going to be some kind of event!
Well another late night, another early morning and a very long day. Hopefully after the event I can slip up to CHOP and say hi to the celebrity of the day and Mommy. Then get some sleep and bring everyone home! Rob
Wicomico Recreation Now Offering Junior Golf League
(Salisbury, MD) Wicomico Recreation, Parks and Tourism is teeing off a Junior Golf League for players ages 8 to 18. An interest meeting is scheduled for Monday, July 6 at 6:00pm. The meeting will take place at the Salisbury Elks Club (401 Church Hill Ave. Salisbury, MD).
The League will be divided between players ages 8 to 13 and 14 to 18. Teams will be formed based on skill level. Skill assessments are scheduled for Wednesday, July 8 for players 8 to 13 and Thursday, July 9 for players 14 to 18. Once teams are formed, parent coaches will schedule weekly practices, and matches will be played at least once per week beginning July 20th. The League will run until October 2009 and formats include scramble, best ball and individual matches.
Please register before June 30th at the Wicomico Youth & Civic Center Box Office (500 Glen Avenue Salisbury, MD) or online at www.wicomicorecandparks.org. The cost to join the League is $70. This fee covers a team-logoed golf shirt, trophy and season ending banquet. In addition to the $70 fee, players will be responsible for practice and playing fees at individual courses. Typically, the fee is no more than $5 depending on the course. Coaches will be responsible for informing players and parents of what fees to expect each time.
Fundraiser Deers Head Hospital
Eleventh Wedding.....
What? said the puzzled groom.
How can that be possible if you’ve been married ten times.?
Well, husband#1 was a Sales Representative; he just kept telling me how great it was going to be.
Husband #2 was in Software Services; he was never really sure how it was supposed to function; but he said he would look into it and get back with me.
Husband #3 was from Field Services; he said that everything checked out diagnostically but he just couldn’t get the system up.
Husband #4 was in Telemarketing; even though he knew he had the order, he didn't know when he would be able to deliver.
Husband #5 was an Engineer, he understood the basic process but he wanted three years to research, implement, and design a new state of the-art method.
Husband #6 was from Administration; he thought he knew how but he wasn’t sure whether it was his job or not.
Husband #7 was in Marketing; although he had a product, he was never sure how to position it.
Husband #8 was a Psychiatrist; all he did was talk about it.
Husband # 9 was a Gynaecologist; all he did was look at it.
Husband #10 was a Stamp Collector; all he ever did was … God I miss him.
But now that I’ve married you, I’m so excited.
Wonderful, said the husband, but why?
To which she replied,Your with the GOVERNMENT . ..This time I KNOW IM gonna get SCREWED.
Friday, May 29, 2009
A New Contributor From Pocomoke
It's a beautiful part of the Eastern Shore, much like Princess Anne and we have been encouraging this individual for quite some time to encourage people to visit Pocomoke.
Clearly Salisbury News has become the hot spot for such information on the Eastern Shore and while other Blogs come and go or simply fade away, we have been around for 4 years now and we continue to grow.
Preliminary discussions with Pocomoke have also delivered encouraging interest in posting their Public Notices as well, so you may see that coming in the very near future too.
We certainly appreciate all the new interest from Ocean City, Princess Anne and now Pocomoke and welcome any other municipalities and their residents to get more involved with Salisbury News. The handshakes of congratulations I received in Princess Anne today was enjoyable as well. Everywhere I go, people are happy to see I won the lawsuit with the former Mayor Barrie Tilghman and it has opened new doors for us to move forward.
When I was confronted today about it my reply was simply, it should have never happened in the first place and we're all moving forward now. Pocomoke needs a new voice. A place where citizens can come to and see the good in their community, we plan on delivering just that.
Have a great weekend everyone and hopefully we'll have some new news from Pocomoke City next week.
Don't Forget The Ocean City Boat Races This Weekend
Hi Joe,
Looks like we’ll have a beautiful weekend for the boat races. Please remind your readers that Sunset Marina is hosting the dry pits and all the race boats can be seen Saturday and Sunday. Please visit www.oparacing.org for the full schedule of events. The actual races are Sunday at noon and two and can be seen between 4th and 36th streets in Ocean City. The boats are put in the water via crane at Sunset Marina and is really a cool site to see. Enjoy your weekend!
Abbotts Mill Pond Bridge Closed
Delaware Department of Transportation officials said Thursday that the bridge on Abbotts Pond Road between Shawnee Road and Lindale Road will remain closed until further notice.
Detours have been posted in the area, but local access will be maintained for residents and emergency vehicles.
Wicomico County Sheriff's Office Press Release
Incident: Leaving the Scene of an Accident
Date of Incident: 27 May 2009
Location: West Road at Chippewa Blvd., Salisbury, MD
Suspect: Juvenile, 16, Salisbury, MD
Narrative: On 27 May 2009 at 5:27 PM, a deputy from the Wicomico County Sheriff’s Office responded to a reported Motor Vehicle Accident in the intersection of West road and Chippewa Blvd. Upon arrival, the deputy discovered a motorcycle lying on its side in the intersection with no operator present. Investigation revealed that the motorcycle rider apparently failed to stop for a stop sign and lost control upon attempting to negotiate the turn onto West Road from Chippewa Blvd. The deputy managed to locate the operator of the motorcycle at Peninsula Regional Medical Center where the operator was being treated for injuries received in the accident. Also during the investigation, the deputy discovered that the operator was a juvenile and did not have a driver’s license.
The juvenile was charged on a juvenile referral and released to a relative pending action by the Department of Juvenile Services
Charges: Driving Without a License
Failure to report Accident to Law Enforcement
Incident: Obstructing and Hindering / Fugitive Arrest
Date of Incident: 28 May 2009
Location: 200 block of Gold Street, Salisbury, MD
Suspect:
1. Daniel T. Wiltbank, 33, Salisbury, MD
2. Jeanine Theresa Mamolito, 26, Salisbury, MD
Narrative: On 28 May 2009 at 4:50 PM, deputies from the Wicomico County Sheriff’s Office arrived at a residence in the 200 block of Gold Street for the purpose of locating Jeanine Mamolito on behalf of the Harford County Sheriff’s Office. Mamolito was wanted by Harford County authorities on three Failure to Appear Bench Warrants, two of which were already pre-set at a no bond status. Upon arrival to the residence, the deputies were greeted by Daniel Wiltbank, who denied any knowledge of Mamolito’s presence. Looking though the windows the deputies saw evidence to the contrary that led them to believe Mamolito was present. That along with the fact that Mamolito’s vehicle was in the driveway made it apparent that Mamolito was hiding inside. Wiltbank continued to deny that Mamolito was present and the deputies eventually managed to enter the residence where they found Mamolito hiding in the bathroom.
Wiltbank was arrested for Hindering and Obstructing the deputy and was transported to the Central Booking Unit where he was processed and taken in front of the District Court Commissioner. After an initial appearance, Wiltbank was released by the Commissioner on Personal Recognizance.
Mamolito was arrested on the outstanding Harford County warrants and was held at the Wicomico County Detention Center without bond pending transfer to Harford County.
Charges: (Wiltbank) Hindering and Obstructing
Mamolitio:
Failure to Appear for Traffic Charges
Failure to Appear for Bad Check / Theft
Failure to Appear for Theft
Prostitution For Sale Again In Salisbury
The Thrift Travel Inn is you key destination when it comes to buying a Babe. GO HERE to one of our older Posts to get an idea of your selection.
Calls have been made to the SPD but they don't seem to be very interested in these women standing on the side of Rt. 13 waving down cars TODAY.
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WYMZIE, STEPHANIE BURKE LOSES ELECTION COMPLAINT
Joel J. Todd
State’s Attorney
Office of the State’s Attorney for Worcester County
One West Market Street
Suite 208 Court House
Snow Hill, Maryland 21863
Michael W. Farlow Paul Haskell
Deputy State’s Attorney Deputy State’s Attorney
Circuit Court Division District Court Division
May 29, 2009
POCOMOKE CITY ELECTION COMPLAINT INVESTIGATIVE FINDINGS
Background Information
On April 7, 2009, a Town Council election was held in the Town of Pocomoke City, Maryland for the District 4 Council seat. On that same date, Mrs. Stephanie Burke, one of the candidates for the contested council seat, complained to the Office of the State’s Attorney that absentee ballots may have been illegally handled and undue influence had been practiced over many of the absentee voters. She asked that a criminal investigation be conducted to determine whether any violations of the Pocomoke City election laws had occurred, and if so, that said violations be charged and prosecuted.
More specifically, Mrs. Burke’s complaint was as follows:
1. That her opponent, either directly or through others,
a.) had solicited for absentee ballots;
b.) had completed portions of the applications for absentee ballots;
c.) had handled completed absentee ballots; and
d.) had marked portions of the absentee ballots;
2. That most of the absentee votes cast were by voters who could have voted in-person, and therefore should not have been permitted to vote absentee;
That the Pocomoke City Board of Supervisors of Elections had failed in performing their duties by:
not maintaining a current list of registered voters;
allowing citizens who did not live in the proper district to vote;
allowing non-registered citizens to vote;
not accurately maintaining a list of absentee voters to prevent an absentee voter from physically voting as well; and
“tipping off” persons when absentee ballots were going to be mailed.
Despite what has been reported in some local media and alleged in a subsequent complaint of voter irregularity in the Town of Snow Hill, Maryland, Mr. Edward Lee was not, and is not, the “subject” of this investigation. In fact, now that the investigation is complete it can be reported that there is no evidence that Mr. Lee has committed any criminal act, nor is there any evidence that he has acted inappropriately. While this office would not normally go to such lengths to point out the absence of evidence as to a particular person, because of the inaccurate information reported, the undersigned feels that it is only fair to set the record straight as to this individual. Additionally, it should be noted that the Mayor, Town Manager and employees of the Town of Pocomoke City have been, as far as this office can tell, completely cooperative with this investigation and provided all information requested.
The purpose of this investigation was to determine whether any criminal violations were committed by anyone in regard to the April 14, 2009 municipal election in Pocomoke City, Maryland. This office has attempted to be completely objective—to gather facts and then make legal conclusions as opposed to entering the investigation with any preconceived conclusions.
When the ballots cast election day were counted, the result was 58 votes for Stephanie Burke and 58 votes for the incumbent Tracey Cottman. The 184 absentee ballots were then counted. Two of those contained no votes at all. Of the remaining ballots, 178 were cast in favor of the incumbent Mrs. Cottman and four in favor of Mrs. Burke.
During the course of this investigation, this office has issued subpoenas or obtained court orders for the following information:
Copy of the voter registration list and the certification envelopes that accompanied the absentee ballots;
Application for Absentee Ballot forms
Map of Voting District 4
Absentee Ballots
Original Voter Registration List used the day of the election together with the envelopes in which they were mailed to the Board of Supervisors of Elections for Pocomoke City.
Interviewed during this investigation were the following:
Stephanie and William Burke
City Clerk Carol Justice
Tracey and Bruce Cottman
50 absentee voters from the April 14, 2009 election (the names of which will be kept confidential)
Retired City Clerk Janet Hood
Discussion
The philosophy for the founding of the United States is best detailed in the Declaration of Independence, signed July 4, 1776 and drafted by Thomas Jefferson.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights,…. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.
Based upon that philosophy, it is difficult to imagine a right more important to a citizen of these United States than the right to vote. Additionally, I believe that it is no accident that the first article in the Maryland Constitution deals with the elective process. It is through the ballot box that the citizens now exercise their right to “alter or abolish” their government and to “institute new Government.” It is for this reason, therefore, that this office has taken the complaint of Mrs. Burke so seriously. Whether the election be federal, state, county or municipal, the right to vote is fundamental to our democratic process and cannot be taken lightly.
During the course of this investigation we have discovered some irregularities in the elective process in Pocomoke City. I will attempt to identify those irregularities, but it must be remembered that it is only in the criminal process that this office has any influence. The Pocomoke City Charter provides for a criminal penalty to violations of its election laws in §C-43. It is that section which gives this office jurisdiction to review the complaint at issue.
Most of the irregularities relate directly to the complaint of Mrs. Burke. The most obvious irregularity is one which confronted us as we examined her complaint.
Complaint 2: People were voting absentee when they were physically available to vote at the polls
It is my desire to deal with the second part of Mrs. Burke’s complaint first, because it will shed light on legal issues in general, and the applicability of State law for the remaining issues as well. This issue is the complaint that most of the absentee votes cast were by voters who could have voted in-person, and therefore should not have been permitted to vote absentee. The application for an absentee ballot by a registered voter of Pocomoke City contains the following language, which must be signed by the voter in order to get an absentee ballot: “I do swear or affirm that I am legally qualified to vote in the election to be held, that I am legally registered to vote in the City of Pocomoke City, Maryland as stated in this application and that I will be unable to vote in person on election day. … (emphasis added). The Oath of Absentee Voter, contained on the ballot envelope, which must be signed before the vote can be counted, states, similarly “I do hereby swear (or affirm) that I am legally qualified to vote in the Municipal Election to be held ; … that I will be unable to vote in person on the day of such election and am entitled to vote by absentee ballot under Article 33 of the Maryland Code…” (emphasis added)
There are two issues with this language. First of all, Article 33 of the Annotated Code of Maryland ceased to exist on January 1, 2003 when it was replaced by the Election Law Article. It is unclear why the Town of Pocomoke City continues to refer to this, or any other language from the State Election Law since §1-101(v)(3) of that Article states that “‘election’ does not include … a municipal election…” On February 17, 2006, under the State Election Law, absentee ballots became permissible in all state elections, unless preempted by federal law. Since much of Maryland’s Election Law does not apply to municipal elections, that change had no affect on Pocomoke City. The last Pocomoke City Ordinance which affected election law was Ordinance No. 385, enacted January 2006, and it did not relate to absentee balloting.
It is even more unclear why that language has appeared on the ballot application or on the absentee ballot envelope since March 1, 1999. Paragraph 3.b of Resolution No. 312, approved that date, states that “Anyone may request an Application for Absentee Ballot…” (emphasis added) There is no prohibition anywhere in Paragraph 3 that states that in order to be eligible to vote absentee a voter must be “unable to vote in person.” Accordingly, there is no merit to this complaint, but it would appear that to avoid confusion in the future, the language on these forms should be altered.
Complaint 1: Mishandling of Absentee Ballot Applications and Ballots
I. Ballot Applications
Ms. Burke described in great detail her complaint as to the absentee application and ballot process. Quoting from the Case Investigation Report of Special Investigator Shawn Sarver, the application process was described as follows:
They [the Burkes] advised that the mere number of absentee ballots indicated that there was clearly an issue with fraud in this election. … Stephanie [Burke] advised that this was accomplished by a candidate or representative thereof, going door to door with absentee ballot applications. An application is given to a voter and the candidate either assists the voter in completing the ballot or completes the majority of it for them. Then the candidate takes the application and advises the voter that they will mail the application for them. The candidate then creates a list of the voters who completed the applications. The candidate mails all of the applications on the same date to City Hall.
The issue under this complaint is a) whether a candidate or her representative has the right to receive absentee ballot applications; b) to pass them out to prospective voters; c) to assist them in filling out those applications; d) to collect the ballots; e) to compile a list of those voters who filled out applications; f) and then to mail the applications for the voters.
Pocomoke Resolution No. 312 is entitled “A RESOLUTION OF THE MAYOR AND COUNCIL OF POCOMOKE CITY, MARYLAND TO REPEAL RESOLUTION NO. 173 AND TO REENACT CERTAIN PROVISIONS OF THAT RESOLUTION TO CLARIFY AND ESTABLISH PROCEDURES INVOLVED WITH THE MUNICPAL ELECTIONS OF POCOMOKE CITY, MARYLAND”
Paragraph 3 of that resolution deals with absentee voting. Subparagraph b states as follows:
Anyone may request an Application for Absentee Ballot by telephone, facsimile, or in person at City Hall during normal business hours. All Applications for Absentee Ballot will be numbered. Photocopies will not be accepted. When an application is issued, a record will be kept at City Hall of the application number and to whom it was issued. If requested, applications will be issued by facsimile. (emphasis added)
The word “anyone” is defined by the American College Dictionary as “any person; anybody.” The resolution does not use the words ‘any voter’ but ‘anyone’. Under the plain meaning approach of statutory interpretation, that seems to indicate that any person may request an application for an absentee ballot. That interpretation is complicated, however, by the fact that the resolution goes on to state “an” application. Both ‘an’ and ‘application’ are in the singular and not the plural. The paragraph goes on to speak in the singular and not plural. It is not until the last sentence of the paragraph that “applications” is used in the plural sense.
Our investigation has revealed that records were kept by the City Clerk as required by this paragraph. Numbers were assigned to the applications before being issued to the candidate seeking those applications and as required, they recorded to whom the applications were issued. It is clear that the City Clerk perceived no problem with the request of the candidates for absentee application ballots and it is unclear how the candidates could or should have known anything to the contrary. This paragraph of the resolution is overly vague, and hence unenforceable from a criminal standpoint.
There is nothing in Paragraph 3 of Resolution No. 312 that expressly prohibits anyone from performing any of the remaining actions complained of insofar as the ballot applications are concerned. Reading the remaining paragraphs of Resolution No. 312 it is clear that the Town Council was aware of how to prohibit these actions because they did so expressly when providing for the actual absentee ballots, as opposed to the applications for the same. The fact that these matters were expressly prohibited by the Town Council when dealing with the ballots and did not do so when dealing with the ballot applications is indicative that they did not intend to do so. Therefore, I can see no evidence of criminal wrongdoing insofar as the handling of the applications for absentee ballots is concerned.
II Absentee Ballots
The Case Investigation Report of Special Investigator Sarver goes on to detail Mrs. Burke’s complaint regarding the absentee ballots themselves:
The candidate is then ‘tipped off’ when the actual ballots are about to be mailed from City Hall to the voter. The candidate then follows the list they made of voters who completed applications for absentee ballots and goes from address to address asking the voter if they received their absentee ballot in the mail. When the voter produces the ballot and certification envelope, the candidate assists the voter in completing the certification envelope and waits until the voter completes the ballot. The candidate then tells the voter that he/she will mail the ballot for them and takes the absentee ballot and certification envelope from the voter. The candidate then mails all of the absentee ballots on the same date. The Burkes advised that the fraud comes in when the candidate shows up with more than one person to intimidate older or more shy voters, the candidate completes the certification or actually marks the ballot for the voter, the candidate has access to the ballot and could substitute a real ballot with one the candidate has marked …
Mrs. Burke’s allegation that the candidate who collected and turned in the applications was “tipped off” by someone in City Hall has actually been confirmed by Tracey Cottman who stated to S/I Sarver that City Clerk Carol Justice would tell them what day she was going to process the applications and send out the ballots. Mrs. Cottman would then go the homes of the people from whom she had collected applications when the mail containing their ballots was delivered. Ms. Justice has confirmed that she “tipped off” Mrs. Cottman. While she did not give Mrs. Cottman specific names of voters to whom she had mailed ballots, she did tell Mrs. Cottman that ballots had been issued to the voters from whom Mrs. Cottman had collected applications.
This violates at least the spirit of Paragraph 3.d of Resolution No. 312 which states, in the second to last sentence, “The list of absentee ballots issued shall not be made available to the public.” This Resolution was issued in accordance with §C-42 of the Pocomoke City Charter: “The Council shall have the power to provide by ordinance or resolution…for the prevention of fraud in connection [with elections]…” (emphasis added). The Pocomoke City Charter at §C-43 makes this conduct a misdemeanor.
Did Ms. Justice, however, actually violate the specific terms of this paragraph as opposed to its intent? Clearly the Town Council intended to prevent fraud in the voting practices of Pocomoke City in adopting Resolution No. 312 Paragraph 3.d. Their own employee, however, has allegedly made the above detailed admission. While this alleged conduct may have been inappropriate, unprofessional, and perhaps even unethical, it is not clear that her alleged action constitutes making “available to the public” the list of absentee ballots. There is no evidence from either Mrs. Cottman or Ms. Justice that any names were given to Mrs. Cottman by Ms. Justice. Again, while this alleged behavior violates the spirit of the resolution, we are dealing with statutory interpretation from a criminal law perspective. It appears that this matter could more appropriately be handled as a personnel issue by the town government rather than the criminal justice system. As far as Mrs. Cottman is concerned, the paragraph prohibits the dissemination of this material, and not the receipt of it. She, therefore, has violated neither the spirit nor the letter of that part of the paragraph.
The paragraph goes on, however to state as follows: “Candidates will not be allowed to inspect completed absentee ballots.” The investigation by S/I Sarver has revealed, and in fact Mr. and Mrs. Cottman have admitted to him, that they “had sealed a number of [absentee ballots] as some of the voters requested they seal the envelopes for them.” Case Investigation Report, Supplement 2, S/I Shawn Sarver. They went on to indicate that “some voters would just sign the signature line on the certification and check the ballot before handing all of the documents back to them to be sealed and mailed.” Id. While they both adamantly denied marking even a single ballot, they admitted to Sarver that they had filled out the address portion on the “Oath of Absentee Voter” contained within the sealed ballot. They indicated that they felt that was acceptable, but admitted that marking the actual ballot would have been unethical.
Early in this document, it is stated that 50 voters were interviewed by this office. Those 50 voters were selected because of apparent differences in handwriting on the oaths attached to the absentee ballots. It appeared to the investigator that parts of the ballot may have been filled out by one person, and parts of it filled out by a second. Of those 50 voters, 26 were asked whether their ballots were sealed or unsealed when given to the Cottmans. Eleven of them stated that they were unsealed. Additionally, of those 26, 12 of them indicated that they only signed the Oath of Absentee Voter, and the address was filled in by the Cottmans. [This, of course, means that the oath those voters signed was inaccurate, in that it stated that they, the voter, marked the ballot secretly, then enclosed it and sealed it in the Ballot Envelope.]
Some of these voters indicated that they felt intimidated by having a candidate with them when they filled in their ballot. One of the blank ballots was, according to that voter, left blank because they did not want to have to fill in the ballot with the candidate present.
The issue here, however, is whether the last sentence of Resolution 312 Paragraph 3.d, which if violated constitutes a misdemeanor criminal offense, applies to a candidate, i.e. Tracy Cottman. The answer to that question is ‘no’. Resolution No. 312 applies to the Pocomoke City government, the Board of Supervisors of Elections, the City Clerk, and any other town employee involved in the election process. Clearly Tracey Cottman, as a member of the Town Council, is part of the town government, but she was not working in her capacity as a member of the Town Council when she was on the campaign trail. She was working in her capacity as a candidate—a private citizen. Therefore absent any evidence that she was working in her official capacity, the resolution does not apply to Mrs. Cottman.
As to the Burkes’ contention that “the fraud comes in when the candidate shows up with more than one person to intimidate older or more shy voters, the candidate completes the certification or actually marks the ballot for the voter, the candidate has access to the ballot and could substitute a real ballot with one the candidate has marked,” while it appears to be true that some of the voters expressed that they felt uncomfortable and/or intimidated by having Mrs. Cottman present when they voted, there is no evidence that they asked Mrs. Cottman to leave, or that it was the intent of Mrs. Cottman to intimidate them. Additionally, there is no provision in the Pocomoke City election law which prohibits this conduct by a candidate. Finally, as to this point, there is no evidence that any ballots were substituted. To the contrary, because all of the absentee ballots were numbered by the city, and there is no evidence that those numbers were provided to the Cottmans, it would have been difficult to make a substitution. The Pocomoke City Board of Elections has attempted, by way of its Oath of Absentee Voter, to make sure that all voters have voted without the intimidating influence of another. If a voter chooses to sign that oath when it is not true, it is unclear how the Board of Supervisors of Elections can be expected to police the process.
Complaint 3: Pocomoke City Board of Supervisors of Elections failed in performing their duties
A. “Tipping Off” candidates
This issue was discussed in Complaint 1, above and will not be discussed any further.
B. Not maintaining a current list of registered voters
Pocomoke City Charter §C-32 provides that voters are to register to vote with the Board of Supervisors of Elections in Pocomoke City. §C-33 provides for an appeal process to the Council if a person feels aggrieved by decision not to permit him or her to vote. Resolution No. 312 paragraph 1 provides additional details on voter eligibility, proof of residency and the like. All of this has been supplanted by Subtitle 4 of the Election Law Article, Annotated Code of Maryland. By state law, municipal voter registration lists are now compiled by the County election office. That list may then be supplemented by the Town, (§3-403 (g)).
This matter was specifically discussed with City Clerk Carol Justice.
I then asked Justice who was in charge of maintaining the registry by removing the names of dead and relocated voters. Justice advised that she would remove the names of those voters who she knew had moved or died and the election board would do the same. Justice stated that she and the election board workers were familiar with most of the residents and would adjust the list if they learned of a death or move. Justice stated that she would contact the Worcester County Board of Elections with the names of any voters they were not sure of and the Worcester County Board of Elections would check their registry to provide an address. Case Investigation Report, Supplement 1, S/I Sarver
This statement attributed to Ms. Justice mirrors the dictates of §C-32 of the Pocomoke City Charter. Additionally, as a part of this investigation, S/I Sarver unsuccessfully attempted to find evidence that people no longer alive had voted or that people who had moved out of the town limits of Pocomoke City had voted. He checked with the Office of the Register of Wills for Worcester County to see if estates had been opened for any of the people who had voted in the recent election. Additionally, he checked, to no avail, the obituary lists to see if he could find the names of any of those who had voted in Pocomoke City. There is no evidence that there is any merit to this allegation.
C. Permitting citizens to vote who had no right to vote
For the purposes of this discussion, I am combining subparagraphs b, c, and d from complaint 3 on the first page of these investigative findings.
1. Allowing Citizens from a different voting district to vote in this district
Election Law Article § 3-403 provides that district lines for municipal elections are to be agreed upon by the County Election office and the town. Once agreed upon, those district lines are the appropriate lines. A grievance policy exists to challenge these lines if a voter feels aggrieved or disenfranchised.
This investigation has not uncovered any information which would indicate that citizens who lived in a different voting district were permitted to vote for this district council seat. Accordingly, there is no evidence that there is any merit to this allegation.
2. Allowing Non-Registered Citizens to Vote
There is no evidence that any non-registered citizens were permitted to vote. Accordingly, there is no merit to this allegation.
3. Not Accurately Maintaining a List of Absentee Voters to Prevent an Absentee Voter from Physically Voting as Well
Pocomoke City was provided with a “Precinct Register” by the Worcester County Election Office. This register contained the names of all of the registered voters for the voting district at issue. Once an absentee ballot was issued to a voter, an “A” was placed on the precinct register by the name of that voter. This register was then provided to the precinct workers so that if a person who had received an absentee ballot attempted to vote in person, the precinct worker would know that they were disqualified. This is consistent with Resolution No. 312.3.g: “If a voter has been issued an absentee ballot, then that person will not be allowed to vote in person at the polling place.”
The practice at the polling place was for the precinct worker to place his/her initials beside the name of a voter who voted in person. A cursory examination of the Precinct Register shows that none of the names of registered voters contained both an ‘A’ and initials of a precinct worker, indicating that no voter cast ballots both ways.( A more detailed examination of the record, however, reveals an irregularity.
The record is clear that 116 people voted at the polls. As expected, 116 names had initials placed beside them on the Precinct Register. Curiously, while the record is clear that 184 absentee ballots were returned, there are only 167 ‘A’s on the Precinct Register. Therefore, it would have been possible for 17 voters to cast ballots in person, as well as by absentee.
As part of the investigation, this office was able to retrieve all of the absentee ballot envelopes returned to Pocomoke City’s post office box which were subsequently opened and counted on election night. The investigator was then able to determine who the additional 17 voters were. Reviewing those names on the Precinct Register the record is clear that none of the additional 17 absentee ballots had initials beside their names. It can be concluded, therefore, that nobody who voted by way of absentee ballot also voted at the polling place on election day.
The issue then becomes whether the person or persons responsible for marking the ‘A’ on the Precinct Register and failed to do so for these 17 voters have committed a criminal violation. The Pocomoke City Charter provides at §C-43 that:
“Any person who (a) fails to perform any duty required of him under the provisions of this Title or any ordinances passed thereunder, (b) in any manner willfully or corruptly violates any of the provisions of this Title or any ordinances passed thereunder, or (c) willfully or corruptly does anything which will or will tend to affect fraudulently any registration, nomination or City election, shall be deemed guilty of a misdemeanor.”
There is nothing to indicate that the person[s] who failed to mark the Precinct Register with an ‘A’ when the absentee ballots were mailed from the town to the voter had any mens rea or criminal intent. Keep in mind that there is no evidence that the failure to mark the ‘A’ on the Precinct Register was done so willfully or corruptly. It is quite likely that the employee simply forgot to make the required notation. It is not difficult to imagine a scenario where an office worker is mailing ballots, answering telephones, and dealing with citizens at a counter when that citizen visits an office for official business. It is difficult to imagine that the town intended to criminalize a negligent act on the part of one of its employees. While every citizen has the right to a fair election, and every candidate has the right to expect neutrality on the part of the election board, there can be no expectation for any system to be perfect.
Issue discovered during the investigation but not included in complaint: numbering of the absentee ballots.
In Pocomoke City, when a person returns an application for an absentee ballot to the Board of Elections Supervisors, the Board then places a Voter I.D. Number on that application, fills in the appropriate District Number and assigns a Ballot Number, in accordance with Resolution No. 312.3.d. A blank absentee ballot, together with a ballot envelope, and a self-addressed stamped envelope is then provided to the voter, in accordance with Resolution No. 312.3.e.
The problem is that the ballot itself is marked with the ballot number. This contradicts another provision of Resolution No. 312. At paragraph f, the resolution provides for how the absentee ballots are to be approved when returned to the Board of Elections Supervisors:
The Board of Elections Supervisors (and appointed election workers) will open the ballot envelopes checking to be sure that the envelopes are signed, that there are not distinguishing marks on the ballot, that only one box has been checked, etc. The Board of Elections Supervisors has the authority to disqualify an absentee ballot for failure to sign oath, making distinguishing or identifying marks on the ballot, or checking more than one box. (emphasis added).
The procedure witnessed election night by S/I Sarver was completely appropriate. The first envelope, which contained the absentee ballot number was opened and placed in one stack. The Ballot Envelope was then reviewed, and if found to have the oath of absentee voter signed and filled out, was placed into another stack. Finally the absentee ballot itself was reviewed, and if only one box was signed, was placed into a third stack. After all of the envelopes were opened, the stack of qualified absentee ballots was then counted.
If the purpose of assigning a ballot number is, as stated by Resolution No. 312.3.d “to track how many ballots have been issued and returned in order to prevent the reproduction of absentee ballots”, then the ballot number on the ballot envelope would accomplish that purpose. There should be “no identifying mark” on the ballot itself. In this election, the “identifying mark” was placed on the absentee ballot not by the voter, but by the Board of Elections Supervisors itself. The Board has the authority to disqualify each and every absentee ballot cast in the April 7 municipal election, accordance with Resolution No. 312, because of its own action.
Clearly, the ballot number enables a party to identify not only who the voter was, but how the voter voted. That, in fact, is how S/I Sarver was able to identify the blank votes cast and then to interview those voters. If a voter can be identified and interviewed for investigative purposes, it is possible that they could be identified and interviewed for any other legitimate or nefarious purpose.
Sarver’s report goes into some detail in an attempt to resolve this issue:
I asked Justice if she had received any training in election procedure from anyone and she advised she had not. Justice further stated that the city clerk before her, Janet Hood, had performed many elections during her tenure and had followed Justice through her first election so she could see how and what the city clerk did. S/I Sarver, Case Investigation Report, Supplement 1
I contacted the retired city clerk, Janet Hood. I contacted her to ascertain approximately when the numbering of the ballots began. Hood stated that she thought it began in the 1990’s but could not remember exactly. I asked Hood why the ballot numbering started but she advised she did not recall. Hood stated that she taught Justice to number the ballots when she trained Justice to preside over the elections. S/I Sarver, case Investigation Report, Supplement 2
This is an issue which must be remedied before the next Pocomoke City municipal election. Countless military people have died over the course of this nation’s history to protect the constitutional rights of the rest of us. Chief among those rights is the right to a secret ballot and a fair election. If the town employees and volunteers working for the Board of Elections Supervisors need additional training, and it seems apparent that they do, then that training must be provided. To foster participation in the democratic process, all citizens, as well as non-victorious candidates, should have the ability to have confidence in the outcome of the election process.
There is a common-law criminal offense in Maryland known as “Misconduct in Office”. This offense provides that a public officer (such as a member of the Board of Elections Supervisors) who, acting within their official capacity, corruptly commits an unlawful act, corruptly fails to perform an official act required by his/her duties, or fails to do an act as a result of a corrupt purpose rather than as a result of the exercise of official discretion, is guilty of a common-law misdemeanor criminal offense.
In the case at hand, on this issue, Justice only did what she was taught to do by her predecessor. Ms. Hood is neither a public officer nor did she have any roll in this election. As to the members of the Board of Elections Supervisors, due to lack of knowledge on their part, I find no “corrupt” act or failure to act. However, this document may constitute notice to them, and if not corrected before the next municipal election, the conclusion could be different.
Whether the Board of Elections Supervisors chooses to disqualify the absentee ballots in the most recent election because of the identifying marks they placed on the ballots is up to them. Whether the election results should be overturned because 17 voters had the ability to vote twice, even though there is no evidence that they did vote twice, is up to the Board of Elections Supervisors.
The role of this Office is to determine, based upon the facts revealed by the extensive investigation of S/I Sarver and the law of Pocomoke City and the State of Maryland whether there is probable cause to believe that any crime was committed. It is my conclusion that there is not.
Respectfully submitted,
Joel J. Todd
State’s Attorney
for Worcester County, Maryland
( As discussed earlier, this investigation revealed that one of the absentee ballots was left blank because that voter felt intimidated by the presence of Mrs. Cottman as the voter filled out the ballot. The voter then attempted to vote at the polls but was denied the right to do so because of the 'A’ on the precinct register beside the voter’s name.