Md. Board Fails to Remove Elections Chief

TOM STUCKEY

Associated Press 13 September 2004

ANNAPOLIS, Md. - A judge issued a temporary restraining order Monday that blocks state officials from suspending Maryland's top elections administrator until a decision is made on whether to fire her.

Judge Ronald A. Silkworth said dismissing Linda Lamone so soon before the general election carried "the potential to create chaos and detract from the public confidence in the election process."

Administrative charges were filed last week against Lamone, a Democrat, by the mostly Republican state Board of Elections. The allegations have not been made public.

The board has been criticized for its adoption of a touchscreen voting system, which some allege is vulnerable to fraud. But like board chairman Gilles Burger and Republican Gov. Robert Ehrlich, Lamone has been a staunch defender of the machines.

Burger said he did not know whether the board would appeal the judge's order, but said he will proceed with plans to fire Lamone.

The judge's ruling was "a narrow decision on our authority to place her on administrative leave" and will not alter the board's intention to replace her, Burger said.

A judge will review the administrative charges filed against Lamone on Oct. 15. Unless Silkworth's order is thrown out on appeal, Lamone could not be forced out before then.

Burger said he is concerned that allowing Lamone to continue working will distract the elections staff at a time when it needs to concentrate on final plans for the Nov. 2 election.

But Lamone's lawyer, Timothy Maloney, said questions remain over whether the board can fire her because the Legislature granted special protections to her position, hoping to shield it from partisan politics.

Silkworth agreed, saying "the legislative intent was in all ways possible to try to depoliticize the office."

Lamone praised the judge's ruling. "I thought it was very appropriate," she said. "I'm looking forward to getting back to work."

Lamone testified last week that she refused a request from the board to resign in August 2003, about seven months after Ehrlich took office.

Republicans held three of the five positions on the elections board, but they could not fire her because state law requires the votes of at least four members. Ehrlich appointed a new board member, Democrat Gene Raynor, in July.