Maryland Matters

Md. Democratic Women Hail Harris Selection as ‘Monumental’ Moment

August 12, 2020 by Maryland Matters Leave a Comment

Growing up in the suburbs of New York City, as a young girl interested in politics, Del. Wanika B. Fisher (D-Prince George’s) never imagined that she’d see someone who looked like her at the highest echelons of American politics.

Now that U.S. Sen. Kamala Harris (D-Calif.) has been selected to become former vice president Joe Biden’s running mate, Fisher — who like Harris is half Black and half Indian-American, a child of immigrants — is ecstatic.

“I’m super excited,” Fisher said in an interview Tuesday, moments after Biden’s decision was made public. “She’s like my spirit animal because we’re both half-Asian and half-Black. We’re also both former prosecutors.”

Leading Democratic women in Maryland reacted generally with approval — and in some cases, joy — after hearing the news. Some spoke or wrote of the nomination in very personal terms.

“I cannot put into words how monumental a moment this is for black and brown girls across our country,” Del. Stephanie M. Smith (D-Baltimore City) wrote on Twitter. “This is a first step. It takes the right mix of heart, smarts and AMBITION to meet this moment. Sen. Harris is ready to lead and I’m ready to battle for her chance!”

Smith, who is a graduate of two historically Black colleges and universities, hailed the fact that Harris, who did her undergraduate work at Howard University, is the first graduate of an HBCU on a national presidential ticket.

Maryland House Speaker Adrienne A. Jones (D-Baltimore County) — the first African-American and the first woman to hold the speaker’s gavel in state history — tweeted that she was “thrilled” by the choice.

“Black women are the backbone of our party and our country and I believe this is the winning ticket we need to defeat Trump,” Jones said.

“Joe was definitely listening” to people who told him how important it would be to select a Black woman, Fisher said.

State Sen. Mary L. Washington (D-Baltimore City) said Harris will enter the pantheon of other Black women who have been trailblazers in American politics, like the late congresswoman Shirley Chisholm (D-N.Y.), former U.S. Sen. Carol Moseley Braun (D-Ill.) and former U.S. secretary of State Condoleezza Rice.

“We’re witnessing history again,” Washington said in an interview, “when we are standing at a time that’s been defined by really toxic, racist, anti-LGBT culture coming from the White House.”

Women praised Biden for selecting Harris even though they clashed at times during the Democratic presidential debates — especially when Harris suggested in one televised moment that some of the policies on school busing that Biden embraced during his early career as a senator harmed Black girls like her.

“I think it says a lot for him to pick her,” Washington said. “She gave him a solid punch, and to come back to her speaks well of him.”

Harris’ performance on the debate stage — and during high-profile Senate hearings — helped her outshine other women that Biden vetted for the VP slot, Washington said.

“For me, what’s really key here is she stood on a national stage and was unafraid to call out the past, to speak truth to power,” she said.

Speaking on MSNBC Tuesday afternoon, former Maryland congresswoman Donna Edwards hailed Harris’ ability “to go toe-to-toe on policy” with any Republican.

And unlike some of the other candidates Biden was considering, Harris has relationships on Capitol Hill and executive experience from her time as California attorney general and San Francisco district attorney that would serve her well as vice president — or if she’s ever required to take over from Biden, Maryland Democrats said.

“I think she’s obviously got the skill and stamina,” Fisher said. “And she’s been around a lot of the players on the Hill. A lot of the other women would have to rely more on staff. I think Kamala is definitely in a place to govern.”

But before there can be governing, Biden and Harris must first get through an intense campaign against President Trump and Vice President Mike Pence. Asked by Chuck Todd on MSNBC Tuesday how Harris would do in a debate against Pence, Edwards paused for a moment.

“Wow,” she replied.

By Josh Kurtz

End of an Era: Md.’s Toll Roads, Bridges to Remain Cashless

August 7, 2020 by Maryland Matters Leave a Comment

Maryland stopped accepting cash at its toll plazas in mid-March, when Gov. Lawrence J. Hogan Jr. (R) pulled toll-takers off the job in response to the COVID-19 pandemic.

At the time, the Maryland Transportation Authority said it would stop accepting cash “until further notice.”

On Thursday, the governor made the switchover permanent, announcing that the state will become the fifth in the nation to go all-cashless.

In a news release, Hogan said the change will save motorists time and money.

“By combining innovation, safety, and savings, this truly is a win-win for the state government and for everyone who travels in our great state,” he said.

The announcement means even after the pandemic passes, toll-takers will not be returning to the Fort McHenry Tunnel, the Baltimore Harbor Tunnel, the I-95 toll facility in Cecil County, or the Nice/Middleton Bridge along U.S. 301 in southern Maryland.

The switch means drivers will have two options — register for an E-ZPass account or go through the toll facility without a transponder and get a bill in the mail, which the state calls “video tolling.”

Because cash hasn’t been an option in nearly six months, Thursday’s announcement will likely go unnoticed for the majority of Maryland motorists.

But for people who use toll routes sparingly and for out-of-state motorists, there may be confusion, because toll plazas will remain in place until the MdTA can replace them with toll gantries, the overhead devices that scan for a vehicle’s E-ZPass transponder.

It is not uncommon, for example, to see drivers approaching the Bay Bridge from the Annapolis area tap the brakes out of habit, even though the toll plazas on the western shore have been replaced by toll gantries east of the span.

Transportation officials have two messages for the public — get an E-ZPass account if you don’t already have one, and when you approach a toll plaza, keep moving. There is no one behind the glass to take your money.

“Since March 17, when we went to the all-electronic tolling, we have had this type of messaging on the overhead dynamic message signs along the interstates,” said Kelly Melhem, director of communications for the authority. “There are signs telling motorists to keep moving, you will receive a bill in the mail.”

Electronic toll collection systems were developed two decades ago, and most states utilize one. But only four — Massachusetts, Colorado, Pennsylvania and Washington State — have done what Maryland has done.

Some motorists believe electronic collection systems represent a form of government surveillance of their travel. In addition, thousands of workers have lost their jobs to technology.

Media reports on the trend often profile toll-takers who said they enjoyed interacting with customers, providing directions, offering motel and restaurant information, and getting to know regular commuters by name.

But proponents of technology say it makes no sense for cars to be queuing up to pay a toll, wasting gas and fouling the air in the process. Safety advocates say it’s unwise to have cars that have E-ZPass zipping past traffic that has come to a complete stop.

States that have transitioned away from cash tolling have saved millions of dollars in salaries and benefits.

In addition to E-ZPass and video tolling, Maryland plans to roll out a third option, Pay-By-Plate, in late summer. Motorists who sign up for Pay-By-Plate will register their credit card with the state for the tolls they incur.

Toll rates in Maryland vary based on the payment system drivers choose.

To pay the lowest possible toll, motorists must use E-ZPass, the state’s preferred system. Customers who use Pay-By-Plate, the middle-priced option, will save at least 20% off video tolling, which is the most expensive option.

By Bruce DePuyt

Rep. Harris Seeks Federal Probe of Montgomery Co. Decision Delaying Private Schools Opening

August 7, 2020 by Maryland Matters Leave a Comment

Maryland’s lone Republican member of Congress is calling for the federal government to investigate Montgomery County’s decision to delay in-person learning at private and parochial schools.

In a letter sent Thursday to Dr. Robert R. Redfield, director of the Centers for Disease Control and Prevention, U.S. Rep. Andrew P. Harris (R) blasted the county’s decision, announced late last Friday, to prevent private schools from opening their buildings to students in the first weeks of the academic year.

The decision by County Executive Marc B. Elrich (D) and his health director, Dr. Travis Gayles, prompted swift and significant outcry. Gov. Lawrence J. Hogan Jr. (R) this week amended an emergency order in order to prevent local governments from forcing private and parochial schools to stay shuttered.

Montgomery County Public Schools, like many other school districts in the state, is staying with remote learning until at least January due to the COVID-19 outbreak. Gayles issued an additional order Wednesday seeking to counter Hogan’s edict.

Harris suggested that Montgomery County’s move is part of “a long-fought campaign against private primary and secondary education.”

The congressman’s 1st congressional district takes in the Eastern Shore and northern parts of Harford and Baltimore counties, and comes nowhere close to Montgomery County.

In his letter to Redfield, Harris — an anesthesiologist — argues that Montgomery County’s COVID-19 positivity and hospital rates remain relatively low.

“It is not appropriate for a county health officer to preemptively impose a blanket mandate that no school can safely open, regardless of circumstance,” Harris wrote to Redfield. “…With these current metrics as a backdrop, I fear that Montgomery County, through Dr. Gayles’ repeated attempts to preemptively foreclose the prospect of any schools reopening (county public schools having already decided not to reopen), is using public health as a stalking horse to further a long-fought campaign against private primary and secondary education.”

Harris argued that a federal investigation of Montgomery County’s actions would be appropriate “[g]iven the large sum of federal funds that flow into county health departments, particularly during the present COVID-19 pandemic.”

“I respectfully request that CDC or the appropriate
authority within the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) investigate the particular situation within Montgomery County, to ensure that all decisions are being made exclusively with our children’s best interest and public health in mind,” Harris wrote. “Anything less would be an abuse of their authority, a dereliction of duty, and a misuse of our federal public health funds.”

Harris’ letter came as Gov. Lawrence J. Hogan Jr.’s (R) administration reiterated its authority over county officials on Thursday, stating that any “blanket” restrictions on in-person learning in private and religious schools goes against state policy.

“At this time, it is the health policy of the State of Maryland that non-public schools not be closed in a blanket manner,” Maryland Health Secretary Robert R. Neall wrote in a memo sent to all local health officers.

Citing Hogan’s executive order, Neall echoed that every school, public or private, should have the power to decide their own reopening plans, as long as they align with CDC recommendations and the Maryland State Department of Education’s recovery plan.

“Those determinations should be made in close consultation with the affected schools and local health departments with Maryland Department of Health guidance,” he wrote.

The memo came in response to Gayles’ order, prohibiting nonpublic schools in Montgomery County to reopen in-person through at least Oct. 1.

Over the last week, the county and the state have been disputing over who has the authority to decide when and how private schools should reopen.

In his letter to the CDC, Harris expressed concern about the detrimental behavioral effects on children if they continue to stay at home during the next school year.

“The continued rise in suicide and opioids death, coupled with the recognized mental health consequences of keeping children isolated, are of great concern to myself, Maryland’s First Congressional District, and the country at large,” he wrote.

Harris said the appropriate role of a local health officer should “to inspect the school to ensure proper guidelines are in place and being followed, not to override decisions made by a school or school system in compliance with the best available science and guidance.”

Harris wasn’t the only member of Maryland’s congressional delegation to weigh in on the controversy.

When asked Thursday what he thinks about the clash between Montgomery County and the state, U.S. Sen. Benjamin L. Cardin (D) wrote in an email, “We all want schools to reopen but it has to be done safely.”

By Elizabeth Shwe

Local Elections Officials Urge Fewer Voting Sites Due to Poll Worker Shortage

August 6, 2020 by Maryland Matters 2 Comments

Election officials from around Maryland urged the State Board of Elections to reduce the number of voting locations because they do not expect to have enough election judges to staff polls.

“This is your final opportunity to adjust course and save the election in Maryland,” David Garreis, the president of the Maryland Association of Election Officials (MAEO), told the board at its online meeting Wednesday.

So far, local officials estimate they are short about a third of the workers they would need to open all polling sites as Gov. Lawrence J. Hogan Jr. (R) ordered last month.

Recruiting volunteers to work long hours steering thousands of voters through polling sites during a pandemic has been difficult. Many longtime poll workers initially agreed to work the election, but dropped out after consulting with families and friends, Garreis said.

Instead of opening every polling location, the association wants the State Board of Elections to allow jurisdictions to open several centralized voting centers.

MAEO’s plan calls for opening the same number of election-day voting centers as early voting sites, with the option of adding two additional centers in each jurisdiction, if needed.

Deputy State Elections Administrator Nikki Charlson said 79 or 80 early voting sites already are designated across Maryland.

The MAEO proposal allows up to 128 voting centers — far fewer than the more than 1,000 called for in Gov. Hogan’s plan. Vice Chairman Patrick J. Hogan (D) floated the idea of allowing local boards of elections to open even more centers.

Traditional polling centers, of the kind Gov. Hogan wants open for the November election, are neighborhood-based. But the voting centers MAEO recommends would pull voters from several precincts across a larger geographic area.

Garreis said local boards would seek large facilities for the voting centers, such as high schools, that would allow for more social distancing.

Under MAEO’s recommendations, voting centers would be open from Oct. 29 through Election Day, hosting both early and election-day voting.

The Nov. 3 election is about 90 days away, and Garreis said time is running out to change the election format.

“Failure to give us the tools we need to be successful is going to put the outcome of the entire election in doubt,” said Garreis, who is also Anne Arundel County’s deputy elections director.

State elections board member William G. Voelp (R) and Patrick J. Hogan agreed that the board may not have the authority to mandate the consolidated voting centers. The decision rests with the governor.

MAEO also asked the state elections board to set up a center to help local boards process mail-in ballot applications.

Board members will decide on the MAEO recommendations at a meeting at 2 p.m. Friday.

MAEO’s requests came days after Gov. Hogan slammed local officials’ requests to close some election-day polling centers.

Hogan issued his decision to hold a more traditional election after errors in the state’s largely vote-by-mail June 2 primary led to delayed results and long lines at polls.

In a letter to the State Board of Elections on Monday, Hogan wrote that Prince George’s County officials’ request to close 229 precincts and open only 15 could disenfranchise minority voters and keep many voters of color from making it to the polls.

But the governor didn’t seem to take issue with consolidating certain polling locations in that letter, and wrote that merging a few precincts is under local boards’ jurisdictions. The idea of opening such a limited number of polling centers as Prince George’s proposed, however, is one Hogan won’t entertain.

“Under existing state law, local boards do have the authority to make decisions regarding the consolidation of polling places in case of an emergency,” Hogan wrote. “However, merging two polling places into one is very different than closing 90% of all polling places in a county.”

In a statement Wednesday, Prince George’s County Executive Angela Alsobrooks (D) defended her county’s request to limit in-person voting in the Nov. 3 election.

“Rather than mail ballots to homes as he did for the primary, the Governor wants us to believe it is in our best interest to put voters, election judges and volunteers at risk, or to engage in the unreliable and overcomplicated process of sending absentee ballot applications because he refuses to mail ballots to the homes of Marylanders,” Alsobrooks wrote.

“The fact that the Governor, who is well aware that Prince George’s County has experienced the greatest amount of COVID-19 illness and death in the state, mocked our concern regarding a safe and responsible voting process for our citizens, demonstrates his high disregard for the health and well-being of the people in my County.”

Vice-chairman Hogan and fellow board member Malcolm L. Funn, the two Democrats on the panel, still hoped to recommend a largely mail-in election to the governor.

Vice-chairman Hogan said he’d lost sleep worrying about the shortage of election workers, and urged Republican board members to recommend automatic mail-in voting.

“I’m pleading one last time for this board … to recommend mailing every registered voter a ballot, and having as many early voting sites, and as many election day sites as possible with the staffing that the [local boards of elections] can produce,” the vice-chairman said.

The five-member board previously split along party lines in recommending an elections format to the governor. Funn and Vice-chairman Hogan recommended automatic mail-in voting and the board’s Republican majority recommended applications for mail-in ballots, citing concerns over voter confidence and fraud.

Funn pushed back on those claims during the Wednesday afternoon meeting.

“There has been no factual indication that mail-in ballots has created fraud,” Funn said.

Republican Voelp said he wants to work to make Hogan’s plan work rather than change the board’s recommendation at this late stage.

Eleven Maryland counties say they won’t be able to open all of their polling locations for early voting and election day as they face a massive shortage of workers.

Allegany, Anne Arundel, Carroll, Charles, Frederick, Harford, Howard, Queen Anne’s, St. Mary’s, Talbot and Washington counties all requested polling location changes during the virtual meeting.

Board members will consider the consolidations at their Friday meeting, after they mull the MAEO recommendations.

Calls for the governor to reverse course and conduct a mostly mail-in election on Nov. 3 have grown since he decided to hold a more traditional election.

The governor has repeatedly said state law requires all polling centers to open, but voting rights advocates, local election officials and Democratic lawmakers say his plan will disenfranchise voters.

Advocates have touted the successes of the June 2 largely-mail-in primary — including very high voter turnout and a vast majority of ballots being delivered correctly — as reasons to hold the upcoming general election by mail.

Also at the meeting Wednesday, Del. Michele Guyton (D-Baltimore County) floated the idea of opening curbside voting for the Nov. 3 election. Guyton said curbside voting, wherein voters remain in their car to cast their ballot, would be safer for voters and election workers.

“I’m not willing to stand in line with a lot of other people at polling places, or to volunteer as a poll worker,” Guyton said, adding that many might be comfortable with both if curbside voting was in place.

In keeping with the governor’s decision, the State Board of Elections approved a draft for the state’s mail-in ballot applications Wednesday.

Board members also set the deadline for requesting a mail-in ballot to Oct. 20.

MAEO had requested the deadline be moved from Oct. 27 to give election officials more time to process vote-by-mail requests and send out ballots.

By Bennett Leckrone

Maryland Needs 13,000+ Election Judges

August 5, 2020 by Maryland Matters 2 Comments

Local election officials are scrambling to fill more than 13,000 election judge jobs that remain vacant after Gov. Lawrence J. Hogan Jr. (R) ordered a more traditional election for Nov. 3 despite health concerns in the COVID-19 pandemic.

About a third of election judge positions are unfilled across the state. Maryland Association of Election Officials President David Garreis said the number of vacancies before an election is unprecedented.

“In my 15 years of doing elections, I can’t remember us ever having a 35 percent vacancy rate,” said Garreis, who is also the deputy director of the Anne Arundel County Board of Elections.

Garreis added that older, more experienced election judges seem to be dropping out in greater numbers. He said many initially agreed to work the election, but dropped out after consulting with their families and friends.

For election day, 27,239 election judges are needed, and 9,654 — or 35% — of the jobs are vacant.

Early voting centers will need 12,831 election judges to run as normal, but 4,083 — or 31% — of the positions are vacant as of the state’s most recent update on July 30.

The risks of conducting an election in the midst of the coronavirus pandemic have led election judges in Maryland and across the country to call it quits. And owners of some private properties used as polling centers have declined to let their properties be used for the November 3 election.

One veteran Maryland poll worker called Hogan’s plan for an in-person election an “unnecessary suicide mission” and said she wouldn’t be working as an election judge in November.

Hogan wants every voting center and early voting location open for the November election, but local election boards have said that a lack of poll workers could mean they will have to consolidate polling centers.

Fewer election judges likely will mean fewer polling locations, David Garreis, president of the Maryland Association of Election Officials, warned members of the State Board of Elections.

“It’s becoming impossible to fill all of these vacancies,” Garreis told the State Board of Elections. “We’re not going to be able to make up for this election judge shortfall.”

Every registered voter will receive an application for a mail-in ballot under Hogan’s plan, instead of automatically receiving a mail-in ballot as they did in the state’s June 2 primary. Turnout was high for the primary, but many voters received late or incorrect ballots, and those who voted in person found long lines at the limited number of voting centers.

Health experts, voting rights advocates, Democratic lawmakers and local election officials have asked Hogan to reverse course and conduct the election largely by mail. They say his decision isn’t just a herculean lift for local boards of elections, but also limits choices for voters in the midst of a pandemic.

The governor has defended his plan for a more traditional election, arguing that he was following state law when he ordered voting centers open. In a WBAL interview last week, Hogan said he took an extra step by sending out ballot applications to every voter, and blasted criticism as “complete nonsense”.

“It’s not my plan for the election, it’s what state law requires,” Hogan said.

Common Cause Maryland Executive Director Joanne Antoine called Hogan’s defense “disingenuous” in a statement Friday and urged the governor to adopt a mostly mail-in election format. She noted that mailing voters ballot applications is expected to add about $5.6 million to election costs.

“There is still time for Governor Hogan to change his mind and direct the SBE to use the same election procedures as were used on April 28 and June 2,” Antoine said. “It would save at least $5.6 million and a lot of voter confusion.”

Meanwhile, the Hogan administration is encouraging state workers to fill the slew of poll worker vacancies.

In a letter to state employees last week, Maryland Department of Budget and Management Secretary David R. Brinkley offered holiday pay and 16 hours of administrative leave for state employees who volunteer as election judges, compared with the eight hours he has offered in the past.

Registered voters in Maryland who are physically and mentally able to work at least a 15-hour day and can speak, read and write English can sign up to be election judges.

People as young as 16 years old can register to vote and can sign up to be election judges, with a parent or guardian’s permission. But they cannot vote unless they will be 18 years old by the general election.

By Bennett Leckrone

Much to Consider, Much At Stake in Who Makes School Closing Decisions and How

August 5, 2020 by Maryland Matters Leave a Comment

After months of deferring to local health officials for reopening decisions, Gov. Lawrence J. Hogan Jr. (R) issued an emergency order Monday, overturning Montgomery County’s order prohibiting private and religious schools from holding classes on-site, in-person.

Reactions were strong and divided.

Some say Hogan seems to be contradicting himself.

“On the one hand, Hogan gave authority to local officials, but not any leadership. But then he doesn’t accept a situation that he does not like,” said Sen. Paul Pinsky (D-Prince George‘s). “He is cherry picking what group should get what.”

Sen. Paul G. Pinsky (D-Prince George’s). Photo by Danielle E. Gaines/Maryland Matters

At a press conference last week, Hogan said that it is the local governments’ job to enforce public health orders. “What the county leaders wanted was to make their own decisions,” Hogan said. “They don’t have to follow our plans when deciding when to close, they can do what they want.”

All counties must follow state law, but they can decide to be more restrictive than the state law, Hogan said. “That’s what the state constitution allows for, that’s what the federal plan calls for, what the state plans call for,” Hogan said. “They have those powers.”

But when Hogan issued his executive order Monday, in a statement, he called Montgomery County’s decision to shutter all schools “overly broad and inconsistent with the powers intended to be delegated to the county health officer.”

Public systems and private schools across the state are in the process of determining what instructional model they will adopt this fall. While Montgomery and other larger counties have indicated they will hold online classes, Hogan predicted last week that smaller systems will opt for on-site instruction.

While Montgomery County’s public schools have announced plans to hold virtual classes at least until January, the county’s order on private schools was to last only until Oct. 1, “to give people time to figure out appropriate plans and to give us time to get the numbers [the infection rate] down,” Elrich told Maryland Matters.

Montgomery County health officer Dr. Travis Gayles noted that school systems in Indiana, Texas, Mississippi and elsewhere were forced to close soon after reopening because students, teachers and/or staff tested positive for COVID-19.

Even under the executive order as Hogan revised it Monday, local health officials can still close individual schools if they are considered unsafe.

In times of emergency such as COVID-19, the governor has absolute authority to issue emergency orders, which takes precedence over any county order, said former Maryland attorney general Douglas F. Gansler (D).

Still, it is unclear where the line is on how much authority local health officials have, said Maryland Association of Counties’ executive director Michael Sanderson.

Sanderson said it is also ambiguous for related organizations, such as daycare and camp, that can be shut down at the county level. Some of these facilities might also want the same blank slate that the governor has given to private schools, he said.

Del. Eric G. Luedtke (D-Montgomery) called the governor’s actions hypocritical.

“To tell local governments to take responsibility and then take away their power to do their job — that’s frustrating,” Luedtke said.

Del. Trent Kittleman (R-Howard). Photo by Danielle E. Gaines/Maryland Matters

But Del. Trent M. Kittleman (R-Carroll & Howard) said she’s concerned that so much power had been delegated to one top health official in each county.

“It doesn’t sound very democratic,” Kittleman said. “For one person to have that much power and to make that decision for private schools is simply wrong.”

Luedtke said people should trust public health officials more than politicians during this pandemic.

Through his executive order, Hogan is suggesting that “public health decisions should not be made by a public health expert,” Luedtke said.

Luedtke and Pinsky expressed doubt that Hogan’s emergency order was scientifically driven, but rather politically driven to secure himself in the Republican party. After Friday’s announcement that Montgomery County banned in-person learning at private schools, the Republican caucus penned a letter, urging the governor to act.

“There is not a different science for private schools and public schools,” Pinsky said.

Kittleman did not view Hogan’s emergency order as a political decision, but instead, consistent with his general perspective that people should have a choice.

It is enough for the state to lay out the data of COVID-19 transmission rates and deaths and offer no more than guidance to local counties, she said. After parents review the data and the state’s suggestions, they should be able to decide for themselves whether they want to keep their children out of school or not, Kittleman said.

However, Pinsky criticized the state’s lack of specific “reopening metrics” for each county.

“If there are no metrics set as to what are the right conditions to reopen schools and they open prematurely, it is going to endanger the whole population,” Pinsky said.

Although keeping children at home may lower COVID-19 transmission rates, Centers for Disease Control and Prevention guidelines have also highlighted the negative impacts of extended school closure on children, especially on social and emotional development.

It is important to understand that there are downsides to both keeping children at home and bringing children back into school buildings, Kittleman said.

“The impact [of school closures] on children is more important to me than even if Hogan’s emergency order was somewhat inconsistent with his previous orders,” Kittleman said.

Gansler noted the ambiguity involved. “In some sense, there is some politics underscoring Hogan’s decision, but also actual health concerns,” he said. “This isn’t one of those things where there is a right or wrong answer.”

Independent schools have spent the summer figuring out how to balance academics and well-being of their students, so having the rug pulled out from under them on Friday is also something to consider, Gansler said.

As first reported by the Bethesda Beat, six families in Montgomery County private schools filed a federal lawsuit against Gayles on Monday, outlining the benefits of attending schools in-person and safety measures that the schools planned.

When lawmakers wrote the provisions of law under emergency declarations, they were mostly considering natural disasters, which typically last for just a few days, Sanderson said. “I am not sure all those laws hold up perfectly in the current circumstance, where we have been in a state of emergency for months.”

“It’s breathtaking how broad the emergency declaration powers are and what comes with it,” Sanderson said.

This executive order in response to a county order is a very rare situation in recent history because we haven’t had an emergency of this magnitude, Gansler said. “It is very unusual on many levels.”

By Elizabeth Shwe

Hogan Demands Answers, Action on Delayed Mailing to Voters

August 4, 2020 by Maryland Matters 2 Comments

Gov. Lawrence J. Hogan Jr. (R) slammed the Maryland State Board of Elections in a letter Monday, demanding to know why voters haven’t been mailed applications to request mail-in ballots yet.

In his letter, Hogan gave the State Board of Elections 48 hours to explain why those ballot applications have not been mailed to voters, and reiterated his call for election officials to open every available polling center for the Nov. 3 general election.

“Under existing law, and to save voters the extra step of having to request an application for an absentee ballot, I directed you to promptly mail applications to every single Maryland registered voter,“ Hogan wrote. “It has now been 26 days, and you have failed to take action.”

Hogan’s letter came as state election officials are looking for a new vendor to do printing for the November election. State Election Administrator Linda H. Lamone has blamed printing vendor SeaChange for late and incorrect ballot deliveries in the June 2 primary.

The State Board of Elections issued a request for proposals from printers last month. Officials hope to have a contract in place by Aug. 17 so the new vendor can prepare for the unprecedented tasks of mailing millions of registered voters both applications for ballots and actual ballots during a pandemic.

Maryland Senate President Bill Ferguson (D-Baltimore city) responded to Hogan’s letter with a detailed timeline that Lamone sent to him and Sen. Paul Pinsky (D-Prince George’s). In that letter, dated July 30, Lamone wrote that the State Board plans to approve a revised mail-in ballot application by Aug. 5.

Maryland voters should start receiving mail-in ballot applications, with pre-paid return envelopes, after they are mailed on Aug. 28, according to Lamone’s letter. Mail-in ballots will be sent starting Sept. 24, according to her timeline.

Election officials across the state have scrambled to find election workers and polling centers since Hogan announced his intent to hold a more traditional election in November. Advocates have repeatedly asked Hogan to reverse course and hold another largely mail-in election, as Maryland did for the June 2 primary. But Hogan said state law requires in-person polling centers to be open.

“Let me be clear — this is not ‘my plan,’ it is what Maryland law requires you to do,” Hogan wrote.

The governor also slammed local officials who want to limit the number of in-person locations for voting in the general election. Hogan wrote that he’d received a letter from Prince George’s County officials requesting to close 229 precincts and only open 15. Hogan said such a move would suppress voters of color.

“Local leaders have suggested massive closures of polling places, particularly in some of our minority communities,” Hogan wrote. “This would likely result in voter suppression and disenfranchisement on a significant scale, disparately impacting Marylanders of color.”

Democratic lawmakers, local election officials and voting rights advocates have, in turn, accused Hogan of voter suppression due to his decision to require voters to apply for a mail-in ballot instead of automatically sending them one.

By Bennett Leckrone

Hogan Strips Counties of Power to Issue Blanket Restrictions on In-Person Instruction

August 4, 2020 by Maryland Matters Leave a Comment

Amid pushback against a Montgomery County order that impacted the school President Trump’s son attends, Gov. Lawrence J. Hogan Jr. (R) moved on Monday to prohibit counties from issuing “blanket” restrictions on in-person instruction.

The two-word revision to the emergency order Hogan issued in early April follows Montgomery County’s decision to ban classroom instruction at private schools until Oct. 1. That decision, made on Friday, meant that Barron Trump would be unable to attend classes at St. Andrew’s Episcopal School in Potomac.

The decision generated national headlines and was immediately denounced by General Assembly Republicans and Hogan, who reacted on Twitter. The president did not address the matter directly, but at 8:03 a.m. Monday he tweeted “Cases up because of BIG Testing! Much of our Country is doing very well. Open the Schools!”

Hogan’s revision to his April 5 executive order added “(except schools)” to a section granting the counties and Baltimore city the power to impose tighter restrictions on business activity and social interaction than the state’s.

His revised order was issued at 12:45 p.m., moments after Montgomery County Executive Marc B. Elrich (D) and Health Officer Dr. Travis Gayles began an online interview with reporters.

“Private and parochial schools deserve the same opportunity and flexibility to make reopening decisions based on public health guidelines,” Hogan said in his statement. “The blanket closure mandate imposed by Montgomery County was overly broad and inconsistent with the powers intended to be delegated to the county health officer.”

Local health officials would retain the power to shut down individual schools for not following public health guidelines.

Montgomery County Executive Marc B. Elrich (D). Photo by Bruce DePuyt/Maryland Matters

Elrich and Gayles vigorously defended their decision to bar private schools from holding in-person classes at this stage of the coronavirus crisis.

“We’re operating in a pandemic situation,” Gayles said. “We continue to see increases in cases across the country, across the state and across the region, suggesting that we do not have control over the virus to date.”

A former public school teacher, Elrich suggested that Hogan — a potential 2024 presidential candidate — “may be under a different set of political pressures.”

“These kids deserve to be safe. The teachers deserve to be safe. And the staff deserves to be safe,” Elrich said.

In a follow-up interview, Elrich said he’s “really disappointed with the governor.”

“His change talks about plans but it doesn’t talk about conditions,” the executive said. “He has done the thing that really bothers me — you can have the best plan in the world for conditions that don’t exist. And since he started opening up the state, our numbers have traveled in the opposite direction. And this is just one more decision that I don’t think is based on any scientific basis and could cause us more problems, not less problems.”

“That really bothers me,” he added. “There’s nothing in there that talks about caseload and risk in the context of the decision he’s making. Nothing.”

Senate President Bill Ferguson (D-Baltimore City), also a former school teacher, criticized Hogan’s executive order on Twitter.

Senate President Bill Ferguson (D-Baltimore City). Photo by Danielle E. Gaines/Maryland Matters

“One might think there’s been sufficient evidence that science should trump politics during a pandemic, apparently not,” he said. “Clarity and certainty are essential for Marylanders. Arbitrary, discretionary second-guessing will only worsen this crisis.”

What was unclear in the immediate aftermath of Hogan’s revised executive order is whether Elrich could issue his own executive order prohibiting private schools from holding live classes — and if he has that authority, would he choose to use it, given the potential impact on the president’s son and the many influential people whose children attend elite schools in the county.

“As long as schools develop safe and detailed plans that follow CDC and state guidelines, they should be empowered to do what’s best for their community,” the governor said in his news release.

Gayles noted that school systems in Indiana, Texas, Mississippi and elsewhere were forced to close soon after reopening because students, teachers and/or staff tested positive for COVID-19.

Every day an average of 80 additional people become infected, Gayles said; 16% of the new cases involved individuals under the age of 20.

Gayles said the county’s order was prompted by reports that some private schools were thinking about starting classes — news that led to a town hall meeting.

“From that conversation it was very clear that there were significant gaps in terms of understanding COVID, understanding the principles of transmission, understanding very clearly the types of things that should be implemented to keep students safe, and the types of environment and the types of best practices that have been recommended as transmission-mitigation strategies,” he added.

Elrich and Gayles said the county’s daily infection rate dropped to 40-50 cases a day prior to the state’s move to Phase 2 of its reopening plan and Ocean City’s easing of restrictions on visitors. Since then, they said, the county’s “progress” against the virus had slipped.

Gayles noted that Montgomery County’s prestigious private schools draw from across the Washington, D.C. region and around Maryland. “In these jurisdictions, we’re seeing increases in cases, which again confirms that we are not seeing lower community transmission and we have not put a firm hold on the impact of the virus,” he said.

Within hours of Friday’s announcement that Montgomery County banned in-person classes at private schools, Republicans in the House of Delegates called on Hogan to take action.

“The Maryland Board of Education has said schools can open to in-person instruction if they comply with CDC guidelines and the guardrails established by the state,” said Minority Leader Nicholaus R. Kipke (R-Anne Arundel). “Every public school administration in the state has been given the opportunity to make a decision on reopening, the same opportunity should be afforded to private and religious schools.”

”This is a blatant abuse of power by an unelected bureaucrat,” House Minority Whip Kathy Szeliga (R-Baltimore and Harford counties) said, apparently referring to Dr. Gayles.

“To threaten imprisonment for the act of reopening a religious schools is draconian and flies in the face of the religious freedoms this state was founded on,” Szeliga added.

But Gayles said the numbers don’t support reopening schools of any kind.

“Reopening is built upon the premise of having lower community transmission and lower daily case loads,” Gayles said. “That is what should be driving the decision.”

On Twitter, Maryland Comptroller Peter V.R. Franchot (D) stood with Elrich and Gayles against Hogan’s move.

“I disagree with Gov. Hogan’s decision here. If counties can decide when our public schools can re-open for on-site instruction, then why aren’t they empowered to follow the science and exercise basic common sense on behalf of all students & teachers?” Franchot tweeted.

“The top priority must be preserving public health — without which there will not be an economic recovery or a functioning education system. This is particularly true now that we can see that the COVID-19 disease is surging throughout the country at a truly alarming rate,” Franchot added.

But the Roman Catholic Archdiocese of Washington was “grateful” to learn about the order, it said in a statement Monday afternoon, WTOP News reported. “We will continue to work with our educators and communities to ensure the safe re-opening of the schools of the Archdiocese of Washington and continue to place the health and well-being of our children at the forefront of our efforts.”

By Bruce DePuyt

Hogan Tightens Rules on Masks; Public Health Chief Announces Retirement

July 30, 2020 by Maryland Matters Leave a Comment

Although Maryland is doing relatively well when it comes to positive COVID-19 cases compared to other states, a recent 28% increase in hospitalizations “is enough to trigger a stop sign, calling for a pause in further reopening plans,” Hogan said in the afternoon news conference. The total number of coronavirus-related hospitalizations in the state was 571 as of Wednesday morning.

Maryland has hit a critical “fork in the road,” Hogan said, where the state could either continue health safety precautions or ignore warning signs and risk a surge in positive cases.

In response, Hogan imposed stricter mask-wearing restrictions. As of 5 p.m. on Friday, face masks will be required inside public buildings and at outdoor events where social distancing at least 6 feet apart is not possible.

“While it can be an inconvenience, especially in the heat, wearing a mask is the single best mitigation strategy that we have to fight the virus,” Hogan said.

Dr. Jinlene Chan, the state’s assistant health secretary and chief medical officer since 2018, called the mask guidelines “one of the small inconveniences” Marylanders will have to put up with to keep themselves and their neighbors safe.

Hogan also issued a travel advisory to states with a positivity rate greater than 10%: Florida, Texas, Georgia, Louisiana, Arizona, Alabama, South Carolina, Nebraska and Idaho. Hogan clarified that this was “a public health advisory and not a ban.” If Marylanders do come back from these states, they should immediately get tested, he said.

On Tuesday, the federal government labeled 21 states as “red zones” given their rapidly rising case numbers. Although Maryland was not one of them, the state is “not immune,” Hogan said.

It would not be surprising if the state experiences an increase in COVID-19 deaths in the next few days, according to Cyrus Shahpar, director of the Prevent Epidemics Team at the Resolve to Save Lives, a global health initiative.

“I would characterize Maryland as having a rising case incidence since the first week of July, a rise in hospitalizations since the second week of July, and we know deaths tend to come three to four weeks after exposure,” he said.

“So Maryland is due for a rise in deaths…The rise will be kind of muted but there will be a rise in the next week or two.”

Shortly after Hogan’s news conference, the Maryland Public Interest Research Group urged Hogan to close non-essential businesses and limit restaurant services to take out.

“If we want to prevent a surge of new cases, people should stay home, going out only if they work in an essential service, need to get food and medicine, or to exercise and get fresh air,” Emily Scarr, the director of Maryland PIRG, said in a statement.

Hogan said the main activity of individuals who have tested positive recently was attending family gatherings. The two other consequential activities were house parties and outdoor events.

More than half of those who tested positive were working outside their homes. Other high-risk locations include shopping centers and retail stores, in addition to restaurants, Hogan said.

Fran Phillips, state government’s top public health officer, who has helped lead Maryland’s response to the COVID-19 pandemic, announced Wednesday that she is retiring.

In her 33-year public health career, Phillips has moved back and forth between the Anne Arundel County Health Department and the state’s Department of Health and tackled epidemics like SARS in 2003 and H1NI1 “swine flu” in 2009.

Phillips will be replaced on at least an interim basis by Chan.

“Dr. Chan, you have some very big shoes to fill,” said Gov. Lawrence J. Hogan Jr. (R) at a State House news conference Wednesday.

Phillips had served as the state’s public health chief under former Gov. Martin J. O’Malley (D) and then returned to Anne Arundel County. In 2018, Robert R. Neall begged Phillips to return to the deputy secretary role at the Department of Health after he was appointed to serve as department secretary. Neall is a former Anne Arundel County executive.

Although Phillips initially agreed to serve only one more year before retirement, Hogan noted that she stayed for almost two years.

“It seems like we’ve actually gotten an extra five years out of her just in the past five months of this pandemic,” Hogan said Wednesday. He added that Phillips will stay on in an “advisory capacity” as the state continues to navigate the novel COVID-19 crisis.

“It is now time for me to return to retirement,” Phillips said.

She expressed confidence that the state would be left in good hands.

“No one in the department has been more present or worked harder with good humor than Dr. Jinlene Chan,” Phillips said. “I know she will carry on the state’s public health work with dedication and with resolve.”

Chan has worked with Phillips for many years, both in state government and in Anne Arundel County.

By Elizabeth Shwe

Sections

More