ACLU Challenges Petition to Overturn Dream Act

The American Civil Liberties Union of Maryland is questioning the online petition being used by opponents of the Dream Act, the recently passed legislation that would allow some illegal immigrants to pay in-state tuition.

In a May 31 letter, the ACLU asked the State Board of Elections to "carefully examine the legality" of automated forms on a website set up by opponents of the Dream Act, saying that the use of pre-filling and self-verifying forms "circumvents Maryland's strict rules for petition signing and circulation, opening up opportunities for fraud in the process."

State lawmakers passed the Dream Act by narrow margin earlier this year. It is set to go into effect on July 1.

Del. Neil Parrott is helping lead the effort to put the Dream Act to referendum next year. Opponents have collected signatures by traditional means—sending out volunteers and canvassing the public—and started the website where registered voters print out a form, sign it and mail it in.

Roughly half of the 60,000 unverified signatures submitted so far have come from the online form, Parrott said.

It is thought to be the first time that such methods have been used.

"I have been here for 10 years and I have not seen this technology before," said Mary Cramer Wagner, director of voter registration for the State Board of Elections.

The ACLU of Maryland opposes the use of the automated forms.

"We cannot see how this computerized 'pre-filling' of forms ... can be squared with the Maryland Election Code's mandate that information on a petition signature form be provided by the signer, not the petition sponsor or any third party," wrote Deborah A. Jeon, ACLU of Maryland's legal director, in the May 31 letter.

The Board of Elections has forwarded the ACLU’s concerns to the Maryland Attorney General’s office for review, Cramer Wagner said.

Dream Act opponents need to collect 55,736 signatures, which will then be verified by the Boards of Elections, in order to put the legislation on state ballots in November 2012. Parrott said he wants to collect 100,000.

"The computer interface and website is a tool that has been designed to enhance the democratic process," Parrott said. "What the ACLU is doing in trying to hamper the democratic process is hypocritical. … I think they are grasping at straws to try to disenfranchise as many Maryland voters as possible who have signed this petition in good faith."

Signatures will be collected through June 30. Verification will not be completed until the end of July.