How to Make Sure Your Vote Counts in November
Common Sense Staff • August 18, 2020

The Trump administration has launched a fierce attack on vote-by-mail, lately by undermining the U.S. Postal Service. Recently appointed Postmaster General Louis DeJoy, one of Trump’s major donors, has made major cutbacks both in finance and staff. Overtime has been slashed, mechanized sorters are being removed from local post offices (making it necessary for staff to sort by hand), and hundreds of corner mailboxes have been removed. Trump admitted last week that he is blocking emergency funding for the USPS to make it more difficult to process the millions of mail-in ballots expected this fall in order to limit voting by mail. The USPS recently sent letters to 46 states including Maryland warning them that the post office cannot guarantee that all ballots cast by mail for the November election will arrive in time to be counted.
These actions come at a time when states are wrestling with how to conduct elections during a pandemic, as many people will hesitate to visit a polling place to vote in person. Maryland is one of those states.
On August 7, the Maryland State Board of Elections voted unanimously to recommend holding all in-person voting at voting centers rather than the usual polling places; this would allow voters to use any center in their county. They also voted to add all Maryland’s 282 high schools to the state’s 80 early voting centers. Early voting will run from Monday, October 26 through Monday, November 2.
The Governor approved the SBE’s plan for 360 voting centers in the state, although he noted what he said were “serious concerns” with the proposal. These concerns include the system’s potential to result in long lines and unsafe conditions. The voting center plan is an alternative to opening about 1,600 polling places around the state. It is in part a response to the extreme shortage of election judges. The Washington Post reported that 4 out of 10 election judge jobs in Maryland are vacant. Additionally, Hogan has reprimanded the Board for not immediately complying with his order to mail the ballot applications. Election officials say that the applications are expected to be mailed by August 28.
According to a Baltimore Sun article, the voting center plan was a compromise between the position of election rights advocates, who wanted the state to mail all voters a ballot to discourage voting in person (as was done for the primary election in June), and the Governor’s position, calling for traditional, in-person voting in local precincts, but with mailed-in absentee ballots as an alternative to in-person voting. The ACLU of Maryland noted that when ballots were mailed to voters for the primary, 97 percent of the votes were mail-in; if that process were repeated in the fall, the result would perhaps be 90 percent mail-in and 10 percent in-person voters. In that case the 360 voting centers could handle the number of in-person voters. The added step of voters having to request absentee ballots, however, will add confusion to the process, and many voters may be caught off guard and be forced to vote in person at the last minute. At present, the locations of the 360 voting centers have not been announced, and it is not clear yet how many voting centers there will be in Eastern Shore counties.
In order to make sure your vote counts this year, plan ahead. If you choose to vote by absentee ballot, you must apply for a ballot; mail your ballot request application early, or apply online early. Then, mail your ballot back EARLY. Or, better still, Your Vote, Your Voice Maryland recommends that everyone drop their ballots off at one of the drop-off boxes in their county rather than sending them through the mail. Or vote in person at an early voting center when fewer people might be there. Spread the word. Make sure all your friends and family know this vital information. And, above all, don’t let this intentional confusion persuade you it’s too much trouble to cast your vote!
For more information:
https://iwillvote.com/
https://www.yourvoteyourvoicemd.org/
https://elections.maryland.gov/
Common Sense for the Eastern Shore

Megan Outten, a lifelong Wicomico County resident and former Salisbury City Councilwoman, officially announced her candidacy recently for Wicomico County Council, District 7. At 33, Outten brings the energy of a new generation combined with a proven record of public service and results-driven leadership. “I’m running because Wicomico deserves better,” Outten said. “Too often, our communities are expected to do more with less. We’re facing underfunded schools, limited economic opportunities, and years of neglected infrastructure. I believe Wicomico deserves leadership that listens, plans ahead, and delivers real, measurable results.” A Record of Action and A Vision for the Future On Salisbury’s City Council, Outten earned a reputation for her proactive, hands-on approach — working directly with residents to close infrastructure gaps, support first responders, and ensure everyday voices were heard. Now she’s bringing that same focus to the County Council, with priorities centered on affordability, public safety, and stronger, more resilient communities. Key Priorities for District 7: Fully fund public schools so every child has the opportunity to succeed. Fix aging infrastructure and county services through proactive investment. Keep Wicomico affordable with smarter planning and pathways to homeownership. Support first responders and safer neighborhoods through better tools, training, and prevention. Expand resources for seniors, youth, and underserved communities. Outten’s platform is rooted in real data and shaped by direct community engagement. With Wicomico now the fastest-growing school system on Maryland’s Eastern Shore — and 85% of students relying on extra resources — she points to the county’s lagging investment as a key area for action. “Strong schools lead to strong jobs, thriving industries, and healthier communities,” Outten said. “Our schools and infrastructure are at a tipping point. We need leadership that stops reacting after things break — and starts investing before they do.” A Commitment to Home and Service Born and raised in Wicomico, Megan Outten sees this campaign as a continuation of her lifelong service to her community. Her vision reflects what she’s hearing from neighbors across the county: a demand for fairness, opportunity, and accountability in local government. “Wicomico is my home; it’s where I grew up, built my life, and where I want to raise my family,” Outten said. “Our county is full of potential. We just need leaders who will listen, work hard, and get things done. That’s what I’ve always done, and that’s exactly what I’ll continue to do on the County Council.” Outten will be meeting with residents across District 7 in the months ahead and unveiling more details of her platform. For more information or to get involved, contact info@meganoutten.com

Way back in 1935, the Supreme Court determined that independent agencies like the Consumer Product Safety Commission (CPSC), the National Labor Relations Board (NLRB) and the Merit Systems Protection Board (MSPB) do not violate the Constitution’s separation of powers. Humphrey’s Executor v. United States (1935). Congress provided that the CPSC, like the NLRB and MSPB, would operate as an independent agency — a multi-member, bipartisan commission whose members serve staggered terms and could be removed only “for neglect of duty or malfeasance in office but for no other cause.” Rejecting a claim that the removal restriction interferes with the “executive power,” the Humphrey’s Court held that Congress has the authority to “forbid their [members’] removal except for cause” when creating such “quasi-legislative or quasi-judicial” bodies. As a result, these agencies have operated as independent agencies for many decades under many different presidencies. Shortly after assuming office in his second term, Donald Trump began to fire, without cause, the Democratic members of several of these agencies. The lower courts determined to reinstate the discharged members pending the ultimate outcome of the litigation, relying on Humphrey’s , resulting in yet another emergency appeal to the Supreme Court by the administration. In the first such case, a majority of the Court allowed President Trump to discharge the Democratic members of the NLRB and the MSPB while the litigation over the legality of the discharges continued. Trump v. Wilcox (May 22, 2025). The majority claimed that they do not now decide whether Humphrey’s should be overruled because “that question is better left for resolution after full briefing and argument.” However, hinting that these agency members have “considerable” executive power and suggesting that “the Government” faces greater “risk of harm” from an order allowing a removed officer to continue exercising the executive power than a wrongfully removed officer faces from being unable to perform her statutory duty,” the majority gave the President the green light to proceed. Justice Kagan, joined by Justices Sotomayor and Jackson, dissented, asserting that Humphrey’s remains good law until overturned and forecloses both the President’s firings and the Court’s decision to award emergency relief.” Our emergency docket, while fit for some things, should not be used to “overrule or revise existing law.” Moreover, the dissenters contend that the majority’s effort to explain their decision “hardly rises to the occasion.” Maybe by saying that the Commissioners exercise “considerable” executive power, the majority is suggesting that Humphrey’s is no longer good law but if that is what the majority means, then it has foretold a “massive change” in the law and done so on the emergency docket, “with little time, scant briefing, and no argument.” And, the “greater risk of harm” in fact is that Congress provided for these discharged members to serve their full terms, protected from a President’s desire to substitute his political allies. More recently, in the latest shadow docket ruling in the administration’s favor, the same majority of the Court again permitted President Trump to fire, without cause, the Democratic members of another independent agency, this time the Consumer Product Safety Commission (CPSC). Trump v. Boyle (July 23, 2025). The same three justices dissented, once more objecting to the use of the Court’s emergency docket to destroy the independence of an independent agency as established by Congress. The CPSC, like the NLRB and MSPB, was designed to operate as “a classic independent agency.” In Congress’s view, that structure would better enable the CPSC to achieve its mission — ensuring the safety of consumer products, from toys to appliances — than would a single-party agency under the full control of a single President. “By allowing the President to remove Commissioners for no reason other than their party affiliation, the majority has negated Congress’s choice of agency bipartisanship and independence.” The dissenters also assert that the majority’s sole professed basis for the more recent order in Boyle was its prior order in Wilcox . But in their opinion, Wilcox itself was minimally explained. So, the dissenters claim, the majority rejects the design of Congress for a whole class of agencies by “layering nothing on nothing.” “Next time, though, the majority will have two (if still under-reasoned) orders to cite. Truly, this is ‘turtles all the way down.’” Rapanos v. United States (2006). * ***** *In Rapanos , in a footnote to his plurality opinion, former Supreme Court Justice Scalia explained that this allusion is to a classic story told in different forms and attributed to various authors. His favorite version: An Eastern guru affirms that the earth is supported on the back of a tiger. When asked what supports the tiger, he says it stands upon an elephant; and when asked what supports the elephant, he says it is a giant turtle. When asked, finally, what supports the giant turtle, he is briefly taken aback, but quickly replies "Ah, after that it is turtles all the way down." John Christie was for many years a senior partner in a large Washington, D.C. law firm. He specialized in anti-trust litigation and developed a keen interest in the U.S. Supreme Court about which he lectures and writes.

The House Agriculture Committee recently voted, along party lines, to advance legislation that would cut as much as $300 million from the Supplemental Nutrition Assistance Program. SNAP is the nation’s most important anti-hunger program, helping more than 41 million people in the U.S. pay for food. With potential cuts this large, it helps to know who benefits from this program in Maryland, and who would lose this assistance. The Center on Budget and Policy Priorities compiled data on SNAP beneficiaries by congressional district, cited below, and produced the Maryland state datasheet , shown below. In Maryland, in 2023-24, 1 in 9 people lived in a household with SNAP benefits. In Maryland’s First Congressional District, in 2023-24: Almost 34,000 households used SNAP benefits. Of those households, 43% had at least one senior (over age 60). 29% of SNAP recipients were people of color. 15% were Black, non-Hispanic, higher than 11.8% nationally. 6% were Hispanic (19.4% nationally). There were 24,700 total veterans (ages 18-64). Of those, 2,200 lived in households that used SNAP benefits (9%). The CBPP SNAP datasheet for Maryland is below. See data from all the states and download factsheets here.