Anti-Trans Referendum Draws Legal Challenge in MD

In Montgomery Country, MD, a referendum aimed at undoing protections based on gender identity has come under challenge.

The Washington Post reported in an Apr. 16 story that a lawyer for the transgender protection measure, Jonathan Shurberg, called into question not only the inclusion of a referendum on the law on the November ballot, but also the means by which the referendum’s supporters gathered signatures and the certification of those signatures.

Said Shurberg, "We believe we have information that will end this thing if the judge agrees with our interpretation."

At issue is whether a number of signatures gathered by anti-GLBT opponents to the measure meet the criteria set out in law for such petitions. Shurberg argues that over 4,000 signatures on the petition do not meet the standard, because they are not signed in the same way as the signatories’ alleged registration on voter rolls, thus increasing the chances that a person who signed is not in fact registered to vote.

If, for example, a person is registered by his or her full name rather than a short form of that name, or is registered with a middle initial, and the short form of that same name appears on the petition, or the middle initial (or full middle name beginning with that same initial) is missing from the signature on a petition, then the signature, by Maryland law, cannot be counted as valid, said Shurberg.

At least 4,200 signatures on the petition to put the referendum on the ballot did not meet that requirement, by Shurberg’s count.

Shurberg also identified another alleged irregularity, this time with signatures gathered from online. Copies of the petition printed up and signed must include both the signature of the person adding his or her name to the overall petition, as well as the signature of the person charged with verifying the signing. In a number of cases, Shurberg said, the only signatory was the person who printed and signed the petition, with no verifying signature appearing.

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