Raquel Guillory

A task force commissioned by Attorney General Doug Gansler (D) in May 2007 to study election irregularities in Maryland released 13 recommendations to strengthen the state's voting process, Tuesday.

The report was co-chaired by Professor Sherrilyn Ifill from the University of Maryland School of Law and Orlan Johnson, a partner at Saul Ewing LLP in Washington, D.C.

"The task force found that many of the issues brought to its attention will require long-term solutions and changes," Raquel Guillory, director of communications for the attorney general, said in a statement. "However, given the urgency of the 2008 general election, the task force decided to issue its report in two parts. The first report is limited to identifying and addressing problems that can be addressed in time for the general election this year."

Last week, Rep. Al Wynn (D-Mitchellville) announced that he would resign his position in June, leaving seven months before Donna Edwards (D-Fort Washington), the presumptive next representative in Maryland’s Fourth Congressional District, is to be sworn-in.

The resignation set off speculation as to whether Gov. Martin O’Malley will declare a special election to fill the remainder of Wynn’s term.

According to the Maryland State Code, Election Law, subsection 8-710- Congressional vacancy - Governor's proclamation, “If there is a vacancy in the office of Representative in Congress, the Governor shall issue a proclamation, within 10 days after the date that the vacancy occurs or becomes known to the Governor, declaring that a special primary election and a special general election shall be held to fill the vacancy.”

Seven months will remain on Rep. Al Wynn’s (D-Mitchellville) term when he resigns from Maryland’s 4th Congressional District in June. According to the Maryland State Code, Election Law, subsection 8-710- Congressional vacancy - Governor's proclamation, Gov. Martin O’Malley has the right to order a special primary and special general election to fill the seat, if he so desires, within ten days after the vacancy occurs or becomes known to him.

He also has the right to leave the position open, according to Raquel Guillory, a spokesperson for Attorney General Doug Gansler. O’Malley has yet to make a statement in regards to the matter, and telephone calls left with his press office have yet to be returned.

A similar event occurred in Maryland in April 1996, when Rep. Elijah Cummings (D-Baltimore) was elected to fill the open position in the Seventh Congressional District, vacated by Kweisi Mfume (D-Baltimore), who resigned to become president of the NAACP.

Republican legislative leaders filed suit yesterday in Carroll County Circuit Court with the goal of invalidating all laws approved during the special session, particularly those related to tax increases, gambling, and spending reductions. The GOP contends that the Senate violated Article III, Section 25 of the state constitution by adjourning for a six-day period from November 9 to 15, without a vote of approval from the House of Delegates.

The clause in the constitution reads, “Neither House shall, without the consent of the other, adjourn for more than three days, at any one time, nor adjourn to any other place, than that in which the House shall be sitting, without the concurrent vote of two-thirds of the members present.”

The GOP argued that this invalidates all measures adapted during the special session.

“I think we have a very good chance to win this argument,” David R. Brinkley, Senate minority leader, said during an interview with PolitickerMD.com. “The legislature ignored the constitution.”