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FBI Probes Possible Theft of Software

Ex-Md. Delegate Received Disks Anonymously

The FBI is investigating the possible theft of software developed by the nation's leading maker of electronic voting equipment, said a former Maryland legislator who this week received three computer disks that apparently contain key portions of programs created by Diebold Election Systems. Cheryl C. Kagan, a former Democratic delegate who has long questioned the security of electronic voting systems, said the disks were delivered anonymously to her office in Olney on Tuesday and that the FBI contacted her Thursday. The package contained an unsigned letter critical of Maryland State Board of Elections Administrator Linda H. Lamone

Former delegate gets purported Diebold code

FBI is contacted over anonymous package

By Melissa Harris, Baltimore Sun reporter

Originally published October 20, 2006

Diebold Election Systems Inc. expressed alarm and state election officials contacted the FBI yesterday after a former legislator received an anonymous package containing what appears to be the computer code that ran Maryland's polls in 2004.

Cheryl C. Kagan, a longtime critic of Maryland's elections chief, says the fact that the computer disks were sent to her - along with an unsigned note criticizing the management of the state elections board - demonstrates that Maryland's voting system faces grave security threats.

A spokesman for Diebold, which manufactures the state's touch-screen voting machines, said the company is treating the software Kagan received as "stolen" and not as "picked up" at the State Board of Elections, as the anonymous note claimed. Lawyers for the company are seeking its return.

The disclosure comes amid heightened concerns nationwide about the security of the November elections and the ability of the state to keep tight controls on the thousands of machines that will be used next month.

Maryland's September primary - which used voting machines and electronic check-in equipment made by Diebold - suffered a series of mistakes, and the outcomes of some contests were not known for weeks.

In the wake of the problems, Gov. Robert L. Ehrlich Jr. and other politicians renewed their call to jettison the equipment. The governor has urged state voters to request absentee ballots, although use of the paper alternative raises different concerns about fraud.

A spokesman for the governor said the apparent distribution of the voting-machine software was troubling.

"This raises yet another unanswered question with regard to Diebold technology," said Henry Fawell, an Ehrlich spokesman.

The availability of the code - the written instructions that tell the machines what to do - is important because some computer scientists worry that the machines are vulnerable to malicious and virtually undetectable vote-switching software. An examination of the instructions would enable technology experts to identify flaws, but Diebold says the code is proprietary and does not allow public scrutiny of it.

Diebold has not confirmed that the code received by Kagan is authentic, said Mike Morrill, a spokesman for the company in Maryland. But Johns Hopkins University computer scientist Aviel Rubin reviewed one of the disks and said he believed it was genuine. If it wasn't, he said, "someone went to great lengths to make it look like it was."

"My feeling is that it may have come out of the testing labs, which means that if that's true, their procedures for protecting their clients' valuable proprietary information have failed," said Rubin, who in 2003 published a report on Diebold security flaws after discovering a copy of the code on the Internet.

"If it came out of Diebold, it's like Coca-Cola having their recipe exposed and then not learning their lesson," he said. "If it came out of the testing labs, then it's hard to blame the manufacturer."

Kagan, a former state Democratic delegate from Montgomery County who is now executive director of the Carl M. Freeman Foundation, said the disks were delivered to her office Wednesday.

An accompanying letter refers to the State Board of Elections and calls Kagan "the proud recipient of an 'abandoned baby Diebold source code' right from SBE accidentally picked up in this envelope, right in plain view at SBE. ... You have the software because you are a credible person who can save the state from itself. You must alert the media and save democracy."

Kagan called the attorney general's office, and word of the disks began to spread. Learning of the development, Linda H. Lamone, the state's elections chief, reported Kagan's possession of the code to the FBI yesterday.

Kagan said she had been contacted by an FBI investigator but had not met with him. "I intend to cooperate" with the inquiry, Kagan said, adding that she believed evidence of a serious security breach had to be revealed.

An FBI spokeswoman could not confirm yesterday the nature of the bureau's interest.

Morrill, the Diebold spokesman, said it was unlikely that the code was obtained in the manner outlined in the letter.

The codes, which were delivered to Kagan in three versions on separate disks, are proprietary - meaning there are restrictions on their use and duplication. Violators of those restrictions could be charged with crimes.

Based on their labels, the disks appear to be created by two companies that test the software - Wyle Laboratories and Ciber Inc., whose teams are based in Huntsville, Ala. Maryland law requires such independent testing before the equipment's use.

The disks have the testing authorities' names on them, as well as other identifying features. Anyone who had permission to handle these disks would have received passwords from Diebold, enabling investigators to trace those authorized to use them.

Morrill said two of three disks were never used and that the third was version 4.3.15c, which was used in Maryland during the 2004 primary.

Ross Goldstein, the state's deputy elections administrator, said Maryland now uses version 4.6 and that the public should be confident that their votes are secure.

The disks contain "nothing that's being used in this election," Goldstein said.

Diebold marketing director Mark Radke said the company is investigating the chain of custody of the disks and is asking its testing companies to pull their logs.

"These disks contain codes used for testing purposes," Radke said. "They were shipped from the testing authority. Diebold was never in the chain of custody."

Older versions of Diebold's computer code have long been in public circulation, including the copy discovered by Rubin.

This year, a team of Princeton University computer scientists obtained a slightly older version of the code than that sent to Kagan and found that a programmer with access to the voting machines and their passwords could install malicious software or viruses.

Some of the flaws could be remedied with quick fixes, the researchers said, but others were "architectural in nature" and could not be easily corrected without redesigning the machines.

"In any case, subsequent versions of the software should be assumed insecure until fully independent examination proves otherwise," the researchers wrote.

Diebold has consistently resisted pressures from computer and political scientists to make their software available to experts for critiques, a process called open-source software development.

Not doing that is "a mistake" on Diebold's part, said Donald F. Norris, a professor at the University of Maryland, Baltimore County and director of the university's National Center for the Study of Elections.
 

Computer Voting Disks Likely Made For Testers

Md. Assembly Sought Security Check in 2003

Washington Post Staff Writer
Saturday, October 21, 2006; Page B01

A Maryland election official said yesterday that possibly stolen computer disks believed to be electronic voting software were "apparently produced" for use by a testing firm hired by the Maryland legislature in November 2003.

Ross Goldstein, deputy administrator of the Maryland State Board of Elections, said documents indicate that the disks were sent to Maryland so Raba Technologies Inc. could assess the security of the state's electronic voting system, which is provided by Diebold Election Systems. A receptionist at Raba, based in Columbia, declined to comment yesterday after consulting with her supervisor.

 

Cheryl C. Kagan, a former Maryland delegate, said she received discs believed to voting software anonymously at her office in Olney. She is scheduled to meet with FBI officials next week. (By Ricky Carioti -- The Washington Post)

 

Labels on the disks indicate that they contain the versions of two Diebold programs that powered electronic voting machines in Maryland in 2004, Goldstein said Thursday. Diebold said one version of one program is still in use in some jurisdictions elsewhere in the United States.

Cheryl C. Kagan, a former Maryland delegate who has questioned the security of electronic voting systems, said the disks were delivered anonymously to her office in Olney on Tuesday.

State elections administrator Linda H. Lamone has asked the FBI to investigate the apparent theft and leaking of proprietary voting software.

Critics of electronic voting said the most recent incident in Maryland casts doubt on Lamone's claim that Maryland has the nation's most secure voting system. "There now may be numerous copies of the Diebold software floating around in unauthorized hands," said Linda Schade, co-founder of TrueVoteMD, which has pressed for a system that provides a verifiable paper record of each vote.

Yesterday, Henry Fawell, a spokesman for Gov. Robert L. Ehrlich Jr. (R), said the suspected leak "raises yet another unanswered question about the Diebold technology on which our election system depends." Ehrlich initially supported the Diebold technology but in recent years has said Maryland should switch to a system that provides a paper trail.

Some computer scientists said the incident shows why the makers of voting systems should publicly disclose their software. "It's hard to keep a secret like this for a long time," said Edward Felten, a Princeton University computer scientist who demonstrated in September how Diebold's machines could easily be hacked. The company called Felten's work inaccurate and unrealistic.

The Washington Post, which obtained copies of the disks Wednesday to verify them, agreed yesterday to Diebold's request to return them.

Kagan said that she expects to meet with FBI agents next week and that she was prepared to grant the FBI's request to turn over the disks.

The disks bear logos from two other testing companies, Ciber Inc. and Wyle Laboratories, which Diebold hired to test its voting system. Maryland retained Raba in 2003 to conduct a security assessment after an academic study revealed vulnerabilities in Diebold's system, said Karl S. Aro, executive director of the Department of Legislative Services.

Aro said he believes that Diebold made its own arrangements to transmit the software to Raba. "To my knowledge, [Aro's staff] never touched those disks," Aro said.

Diebold spokesman Mark Radke said: "We contacted Ciber and Wyle and asked them to send the software directly to someone in Maryland." He said he could not confirm if the recipient was Raba or an intermediary.

Felten, the Princeton computer scientist, said public disclosure of the core instructions or "source code" that powers electronic voting machines would enhance security by allowing experts to find flaws that could then be corrected.

David Jefferson, a computer scientist at Lawrence Livermore National Laboratory who advises California's secretary of state on election matters, said the source code should be public precisely because it is part of voting systems. "Our democratic process has to be completely open, and we cannot conduct transparent elections on top of secret software," he said.

Michael I. Shamos, a computer scientist at Carnegie Mellon University, said the appearance of the disks in Kagan's office is "essentially meaningless." He said electronic voting source code should be disclosed because of the public's strong interest in the credibility of voting systems. "Since the disclosure of source code is a good thing," he asked, "why should we be complaining when some gets disclosed?"

"Anything that happens to convince the makers of voting software to drop the nonsensical claim of 'trade secrets' is a good thing," Shamos said.

Radke said the company was not averse to disclosing its code if the law were changed to require it. But he said disclosure would dampen innovation in the field.

Avi Rubin, a computer scientist at Johns Hopkins University who reviewed the software Wednesday at the request of The Post, said he was all but certain that the material on the disks was Diebold software.

 

 

Officials Probing Possible Theft of Voting Software in Md.

Ex-Delegate Says FBI Contacted Her About Disks She Received

Washington Post Staff Writer
Friday, October 20, 2006; Page B01

The FBI is investigating the possible theft of software developed by the nation's leading maker of electronic voting equipment, said a former Maryland legislator who this week received three computer disks that apparently contain key portions of programs created by Diebold Election Systems.

Cheryl C. Kagan, a former Democratic delegate who has long questioned the security of electronic voting systems, said the disks were delivered anonymously to her office in Olney on Tuesday and that the FBI contacted her yesterday. The package contained an unsigned letter critical of Maryland State Board of Elections Administrator Linda H. Lamone that said the disks were "right from SBE" and had been "accidentally picked up."

Lamone's deputy, Ross Goldstein, said "they were not our disks," but he acknowledged that the software was used in Maryland in the 2004 elections. Diebold said in a statement last night that it had never created or received the disks.

The disks bear the logos of two testing companies that send such disks to the Maryland board after using the software to conduct tests on Diebold equipment. A Ciber Inc. spokeswoman said the disks had not come from Ciber, and Wyle Laboratories Inc. said it was not missing any disks.

Diebold spokesman Mark Radke and Goldstein said that the labels on the disks referred to versions of the software that are no longer in use in Maryland, although the Diebold statement said the version of one program apparently stored on the disks is still in use in "a limited number of jurisdictions" and is protected by encryption. The statement also said the FBI is investigating the disks' chain of custody.

Michelle Crnkovich, an FBI spokeswoman in Baltimore, said she had no knowledge of an investigation.

In an unrelated development, Maryland state auditors said in a report yesterday that the State Board of Elections is not properly controlling access to a new statewide database of registered voters or verifying what changes are made to it. The report comes at a time of heightened concern over the security and effectiveness of electronic voting systems.

Legislative auditor Bruce Myers said it was unusual to allow "across-the-board access" by local election officials to a sensitive database, but Lamone defended the board's practices. In a letter released with the Office of Legislative Audits report, she wrote that the board "is unaware of any allegations of the falsification of additions or deletions to the system."

The FBI investigation into the disks could focus further scrutiny on the security of Maryland's electronic voting system.

The disks delivered to Kagan's office bear labels indicating that they hold "source code" -- the instructions that constitute the core of a software program -- for Diebold's Ballot Station and Global Election Management System (GEMS) programs. The former guides the operation of the company's touch-screen voting machines; the latter is in part a tabulation program used to tally votes after an election.

Three years ago, Diebold was embarrassed when an activist obtained some of its confidential software by searching the Internet. The company vowed to improve its security procedures to prevent another lapse.

The release of such software poses a risk, computer scientists say, because it could allow someone to discover security vulnerabilities or to write a virus that could be used to manipulate election results.

In September, computer scientists at Princeton University who had obtained a Diebold voting machine demonstrated how a program they had created could secretly alter the votes cast on the machine. Diebold President Dave Byrd called the demonstration "unrealistic and inaccurate" and said it ignored the "physical security" measures used to safeguard voting machines.

The Washington Post obtained copies of the disks Wednesday and allowed Avi Rubin, a computer scientist at Johns Hopkins University, along with a colleague and a graduate student, to review the software on the condition that they make no copies of it.

"I would be stunned if it's not real," Rubin said.

Rubin, who has said that electronic voting systems that do not produce a paper record of each vote cannot be secured, led a team that produced an analysis that pointed out security vulnerabilities in the Diebold software found on the Internet in 2003.

Sam Small, the graduate student, said the version of Ballot Station "was consistent with what we've seen previously." Small could not gain access to the GEMS software because the material on two of the disks was protected by a password.

Radke, the Diebold spokesman, said the versions of Ballot Station released since the version identified on the disks have many new security features. The Diebold statement said "it would take years for a knowledgeable scientist" to break the encryption used on the software apparently contained on the disks delivered to Kagan. But Rubin said "the data and files were not encrypted" on the Ballot Station disk he reviewed.

The Office of Legislative Audits report also said the Maryland elections board has paid bills submitted by contractors without proper documentation and has not taken appropriate steps to safeguard its computer network and Web site.

Lamone said, "It seems inappropriate to base findings on a partially implemented system," referring to the new MDVOTERS database, which Maryland has established to comply with federal law.

She said it is appropriate for local election workers to have access to the database and said procedures are in place to verify changes. Lamone concurred with the auditors' criticism of her staff's accounting practices and said they had "obtained nearly all necessary documentation" for contractors' bills.

Providing the sort of local oversight envisioned by the auditors, she said, "simply cannot be conducted with existing resources."

Staff writer Eric Rich contributed to this report.

Video Version of the following story, featuring Cheryl Kagan: http://www.abcnews.go.com/Video/playerIndex?id=2598017

Electronic Voting Machines Could Skew Elections

Researchers, Candidates Have Little Confidence in Machines Designed to Make Elections Easier to Call

By JAKE TAPPER, REBECCA ABRAHAMS and EDUARDO SUNOL

Oct. 22, 2006 — Cheryl Kagan, a former Maryland Democratic legislator, was shocked when she opened her mail Wednesday morning.

Inside, she discovered three computer discs. With them was an anonymous letter saying the discs contained the secret source code for vote-counting that could be used to alter the votes cast through Maryland's new electronic voting machines.

"My understanding is that with these disks a malicious person could skew the outcome of an election," Kagan said.

Diebold, the company that makes the voting machines, told ABC News, "These discs do not alter the security of the Diebold touch-screen system in any way," because election workers can set their own passwords.

But ABC News has obtained an independent report commissioned by the state of Maryland and conducted by Science Applications International Corporation revealing that the original Diebold factory passwords are still being used on many voting machines.

The SAIC study also shows myriad other security flaws, including administrative over-ride passwords that cannot be changed by local officials but can be used by hackers or those who have seen the discs.

The report further states that one of the high risks to the system comes if operating code discs are lost, stolen or seen by unauthorized parties — precisely what seems to have occurred with the discs sent to Kagan, who worries that the incident indicates the secret source code is not that difficult to obtain.

"Certainly, just tweaking a few votes in a couple of states could radically change the outcome of our policies for the coming year," she said.

Worry That Elections Could Be Hacked

Computer experts and government officials have voiced serious concerns that if these machines malfunction, no paper record will exist for a recount. Even worse is the fear that an election could be hacked.

Princeton University researchers using an Accuvote TS — a touch screen version of the Diebold machine — showed how easy it would be to deploy a virus that would, in seconds, flip the vote of any election.

"We're taking the vote-counting process and we're handing it over to these companies — and we don't know what happens inside these machines," said Edward Felten, a professor and a researcher at Princeton's Center for Information Technology Policy, which ran the study.

Diebold called the Princeton study "unrealistic and inaccurate."

But many computer scientists, including cyber-security expert Stephen Spoonamore, disagree, pointing out that the Accuvote TS was used in the 2004 presidential election and is still used in at least four states — including all machines in Georgia and Maryland. Spoonamore said the hack attacked the operating system layer of software and would affect any touch screen machine built by Diebold.

Diebold argues that the software from the 2004 elections has been updated to fix any possible security problems. But Spoonamore is not convinced, saying Diebold's "system is utterly unsecured. The entire cyber-security community is begging them to come back to reality and secure our nation's voting."

There is also the matter of computer glitches. In primary elections and test runs this year, there were glitches with electronic voting machines from Diebold and other companies.

Machines malfunctioned in Texas, where 100,000 votes were added.

In California, directions for voters with vision problems came out in Vietnamese.

And in Maryland, screens froze and memory cards went missing.

Gov. Robert Ehrlich, a Republican running for reelection, advised residents to vote by absentee ballot because he had no confidence in the machines.

"I don't care if we paid half a billion dollars or $1 billion," Ehrlich said. "If it's going to put the election at risk, there's no price tag for a phony election or a fraudulent election."

Many are concerned about how the confusing technical issues will be handled by poll workers, who tend to be senior citizens and who are not necessarily tech-savvy.

Electronic voting machines were supposed to be the solution to the paper ballot problems from the 2000 presidential election. But to many critics, America's voting system has gone out of the frying pan and into the fire.

http://www.abcnews.go.com/WNT/Technology/story?id=2596705&page=1

 

Nine Women Honored

Washington Post, October 12, 2006

As County Executive Douglas M. Duncan faces the final weeks of his 12-year tenure, county groups are starting to offer kudos and awards to his administration.

But Duncan may have to wait a little longer for his. Next week, the Montgomery County Business and Professional Women, and the county government's Commission for Women will honor nine county women, including Duncan's wife, Barbara C. Duncan , a longtime patron of the arts, whose day job is director of community relations at Sunrise Senior Living in Rockville.

The Tuesday night dinner will be at the Gaithersburg Holiday Inn. Also being honored are:

· Cheryl C. Kagan , a former member of the House of Delegates who is executive director of the Carl M. Freeman Foundation.

"It is amazing how many incredible women there are in Montgomery County who work for us every day," said Pat Cornish , a former national president of the businesswomen's organization.

The event is part of National Business Women's Week.

 

Kagan Takes Shots at Forehand, But Won't Make a Run for Her Seat

By Tim Craig
Washington Post Staff Writer
Thursday, December 8, 2005; GZ02


Residents who enjoy a good ol' political dogfight might be disappointed to learn that Cheryl Kagan , a former member of the House of Delegates, has decided not to challenge incumbent state Sen. Jennie M. Forehand in next year's Democratic primary.

But it's pretty clear Kagan and Forehand will remain rivals at best and political enemies at worst.

For months, Kagan has been exploring a run against Forehand, who was bracing for her most serious challenge in years. Forehand, 68, has represented District 17 in the state Senate since 1995.

Before that, Forehand represented District 17 -- which includes parts of Rockville and Gaithersburg -- in the House of Delegates for 16 years.

Kagan, who represented the district in the House from 1995 to 2003, had been preparing a campaign based on the argument that Forehand was ineffective and had been in office too long.

Forehand in turn charged that Kagan, 43, was planning to use age as a wedge issue in the race.

But Kagan, executive director of the Carl M. Freeman Foundation, announced Tuesday she is dropping her exploratory campaign to remain focused on her job.  "My life is very full right now with community service," said Kagan, who also serves on the board of directors of several community organizations.  "I knew I would win the race, but the challenge for me was to find the hours to talk to voters, so I ultimately chose volunteer service over another campaign."

Forehand said she is "not surprised" Kagan decided not to run.  "I think it would have been hard to run a campaign when there was no difference on major issues," Forehand said, adding "maybe her polls told her something."

Forehand also took a subtle swipe at Kagan's reasons for shying away form the race. "I think that serving in the legislature is community service," Forehand said. "I see it as public service, and politics to me is not a game."

Forehand isn't in the clear yet, however. Kagan said she plans to support Forehand's opponent for the Democratic nomination, if anyone else decides to challenge her.  "If someone else runs, I would absolutely support him or her," Kagan said, adding District 17 residents are "yearning for more effective and energetic leadership in Annapolis."


Forehand's response: "Bring it on."

 



 

Kagan drops Senate bid

Wednesday, Dec. 7, 2005, The Gazette


Former District 17 delegate Cheryl C. Kagan, who had toyed with the idea of running against Jennie M. Forehand for her state Senate seat next year, said this week she would not.

In an e-mail sent out late Monday night, Kagan, who served in the state House of Delegates from 1994 to 2002, spoke at length of a need for ‘‘independent-minded” legislators in Annapolis. But running a winning campaign would have demanded too much time away from her job as executive director of the Carl M. Freeman Foundation and other activities, she said.

‘‘My first responsibility was to commitments I had already made,” she said in an interview Tuesday afternoon.

 

After serving two terms in the General Assembly as part of the delegation headed up by Forehand, Kagan, 44, said this week she did not seek re-election in 2002 for ‘‘a whole lot of reasons.” She took the helm at the Olney-based Carl M. Freeman Foundation in the spring of 2003.

 

In announcing her interest in a Senate run in early May, Kagan called Forehand ‘‘a predictable vote for the status quo” and said the district needs a senator ‘‘whose ties to the community are fresh and whose knowledge of the issues affecting our neighborhoods is recent.”

 

The two women line up similarly on most issues, from support for the Intercounty Connector to a woman’s right to choose an abortion.

 

‘‘[Forehand] and others who have held office for a long time should make room for younger leaders,” Kagan said Tuesday, before revising her thought. ‘‘I don’t want to say younger. For new leadership.”

 

Kagan was prepared to run an aggressive campaign. In response to a pro-Forehand mailing, she sent a mass e-mail in October accusing Senate President Thomas V. ‘‘Mike” Miller (D-Dist. 27) of Chesapeake Beach ‘‘and others” of ‘‘frittering away” money needed to help ‘‘vulnerable Democrats in swing districts” on campaign materials in ‘‘solidly Democratic” districts.

 

The original mailing had a ‘‘by-authority” line from the Forehand campaign but a Maryland Democratic Senatorial Committee return address, Kagan said, describing that as ‘‘Miller’s group.”

 

‘‘It was a fluff piece, pretty pictures of Jennie sitting in front of the state capital and Jennie pointing and smiling at things. It was an inappropriate pressure tactic from someone from rural Maryland who wants to preserve the status quo,” Kagan said of Miller this week.

 

Kagan received some pressure from the state Democratic Party not to run, she said, adding there were some people who ‘‘tend to support incumbents.”

 

‘‘It’s easier to support an incumbent that’s already in the job, but there were countless numbers who were ready for a change and expressed that to me,” she said.

 

Kagan is not talking about personal plans past 2006, and said she would keep her options open.

 

Reached in Annapolis on Tuesday, Forehand said she was not surprised to hear Kagan dropped out and said the news won’t change her plans for next year ‘‘at all.”

 

‘‘I have all my plans lined up,” Forehand said. ‘‘I’m still raising money. I don’t know who else will come along to run in that race, but I am prepared for it.”

 

Forehand was first elected in 1978 as a delegate from Rockville, and served in the House of Delegates until she was elected to the Senate in 1994. In her last contest in 2002, Forehand handily defeated Democratic challenger Sidney Altman of Gaithersburg in the primary, earning almost 82 percent of the vote, and defeated Republican Roy A. Burke II of Gaithersburg in the general election.

 

Forehand said ‘‘many groups and many, many community leaders,” endorsed her after Kagan announced her exploratory committee in the spring.

 

When asked if Forehand’s friendship with Miller may have played a role in Kagan’s decision, Forehand said ‘‘not at all” and laughed.

 

‘‘She may have taken into consideration that almost with the exception of just a small number, all my colleagues in Annapolis were supporting me and it wasn’t just based on courtesy,” Forehand said.

 

At 69, Forehand is noncommittal about her political future, and said ‘‘there’s always more to be accomplished.” She is ‘‘absolutely” running next year, she added.

 

 

 

Forehand Lines Up Support

 

Washington Post, July 14, 2005 -

 

The possible District 17 race next year between incumbent state Sen. Jennie M . Forehand and former delegate Cheryl Kagan has a new twist.

 

Kagan, a longtime Democratic activist who served in the House of Delegates from 1995 to 2003, has formed an exploratory committee to consider whether to challenge Forehand. In the past, she has said a number of Annapolis insiders have been urging her to run.

 

Forehand, who could face her toughest challenge in two decades, had a fundraiser scheduled for last night at Glenview Mansion at Rockville Civic Center Park.

 

Judging by the invitation, a who's who of elected officials are supporting Forehand. Senate President Thomas V. Mike Miller Jr. (D-Calvert) and House Speaker Michael E. Busch (D-Anne Arundel) were listed as honorary co-chairs of the committee.

 

In all, 20 state senators and 20 Democratic House members, including almost the entire Montgomery County delegation, also were listed on the invitation as Forehand supporters.

In an interview, Forehand said the list shows Kagan doesn't have the support she thought she had.

 

Forehand said she has been flooded with offers of support ever since Kagan sent out a letter announcing her exploratory campaign. The Kagan letter said Forehand was no longer effective in Annapolis.

 

Forehand, 68, took that to mean that Kagan, 43, was saying she was too old.

 

 

 

Cheryl Kagan named as one of “Maryland’s Top 100 Women”

 

Foundation Director and Former Lawmaker Second Time Award Winner

(Baltimore, May 2005)  Carl M. Freeman Foundation Director and Former State Delegate Cheryl Kagan was awarded the distinction as one of Maryland’s Top 100 Women.  This was the 10th year that such awards are distributed, and it was the second time that Kagan was selected for this prestigious award.

 

Established in 1996 by The Daily Record, the annual award program recognizes the outstanding achievements of professional women who live or work in Maryland and who are making a significant impact on the state.  It is designed to recognize women who not only have achieved professional success, but who also have contributed to bettering the communities in which they work and live. Additionally, they play an active role in mentoring the next generation of leaders.

 

Nominations for this award are solicited from economic development agencies, chambers of commerce, women’s organizations and businesses.  More than 400 women were nominated for this year’s awards.

 

Among the items featured in Cheryl’s application was her leadership of the 45-year old Carl M. Freeman Foundation.  As its first-ever Executive Director, Cheryl has enhanced its grantmaking and increased its capacity-building programs.  Through her service on many Boards of Directors including the Arts & Humanities Council, the American Jewish Committee, and the Universities of Shady Grove, Cheryl continues to contribute to the quality of life in Montgomery County and the region.  Finally, Cheryl’s eight-year tenure as a member of the Maryland House of Delegates showed her tenacity and effectiveness on issues that did not always have an advocate.

 

Cheryl Kagan was honored by the recognition, saying, “Having helped judge the 2004 contest and knowing the caliber of women nominated, I am even more humbled at having been included among this year’s recipients.”

 

According to Carl M. Freeman Foundation’s Chair Josh Freeman, “Cheryl Kagan makes a difference in our community every day.  She and the other honorees exemplify leadership commitment and actions needed to propel our state forward.”

 

 

 

 

Senate smackdown looms

 

 

Former delegate Cheryl Kagan made it official this week: She's exploring a bid to unseat Sen. Jennie Forehand in District 17 next year in what would be a royal Rockville rumble.

 

Forehand was elected to the House of Delegates in 1978 and to the Senate in 1994. Kagan served two terms in the House before dropping out in 2002. She now is the executive director of the Carl M. Freeman foundation and worked on the Kerry presidential campaign.

 

In an announcement sent while Forehand was vacationing in Sicily, Kagan called Forehand a predictable vote for the status quo: "We need a Senator whose ties to the community are fresh and whose knowledge of the issues affecting our neighborhoods is recent."

 

Ouch.

 

The county needs "tougher, stronger leadership" and "can no longer politely wait in line for solutions," Kagan said.

 

Forehand, who has long heard rumors of Kagan's ambitions, has dismissed her potential challenger in earlier interviews.

 

"It's easy to get out of touch when you stay in office for a long time," Kagan told us Thursday. "I am a lifelong Democrat so running against another Democrat elected official is something that I would not do lightly."

 

-- Steven T. Dennis

 

 

Kagan Eyes Senate Seat

The Washington Post, Thursday, May 5, 2005

For the first time in her career as a state senator from District 17, Sen. Jennie M. Forehand may face a serious challenger in next year's Democratic primary.

Cheryl Kagan , a longtime Democratic activist who served in the House of Delegates from 1995 to 2003, announced Tuesday that she is forming an exploratory committee to consider whether to challenge Forehand.

 

"While state Senator Jennie Forehand has served us honorably for 28 years, she has become a predictable vote for the status quo," Kagan said in a statement. "I believe it's time for a tougher, stronger leader to represent mid-Montgomery County in the state Senate."

 

Kagan retired from the House of Delegates in 2003. Since then, she has been executive director of the Carl. M. Freeman Foundation and served as co-chairman of Sen. John F. Kerry's Montgomery campaign last year. 

 

Forehand, who was elected to the Senate in 1994 after representing District 17 in the House for 16 years, was out of the country and unavailable for comment earlier this week.

District 17 includes Gaithersburg, Rockville and Garrett Park.

 

 

Kagan announces committee to explore run for State Senate
by Noelle Barton
May 4, 2005

The Gazette (Rockville, Gaithersburg editions)

Several months after announcing she was considering a run for State Senate in 2006, former state delegate Cheryl C. Kagan has formed an exploratory committee to study doing just that.

Kagan, 43, who is now the executive director of the Carl M. Freeman Foundation, may challenge Sen. Jennie M. Forehand (D-Dist. 17) of Rockville, who has served 28 years in the Maryland House and Senate. Kagan said in an announcement this week she will make a final decision on a run by this fall.

Kagan called Forehand "a predictable vote for the status quo."

Forehand was out of the country and unavailable for comment on Tuesday. A Senate staffer said that until Forehand heard the news, no one in her office would comment.

An updated version of Kagan's Web site can be found at www.cherylkagan.org.

 

 

 

Politics follows her everywhere

Ex-state delegate an AJCommittee fellow                                          

by Eric Fingerhut 
Staff Writer 

Thu, Apr 14, 2005
                                                                           

Cheryl Kagan has been to more than two dozen countries over the years, but she says that none was quite like Egypt.                             

It was quite a contrast coming after a week in Israel, said the Rockville resident, where "everything is so open and warm and welcoming and you felt like you were with family.


In Egypt, "everyone was proclaiming they loved Jews, how there was no anti-Semitism ever in Egypt, how happy they were to have us," but "while their words were welcoming ... their actions were quite different."      

"We had a phalanx of armed guards with us everywhere we went," said Kagan, noting that she was not sure if the guards were "trying to protect us, trying to monitor us, or both."                                      
 Then there were the warnings to "assume our hotel rooms were bugged ...to assume that our luggage would be [searched] when we were out of our  hotel room."                                                             
"I've never been to [that] sort of a police state, never experienced that level of oppression," she said.                                          
 

The recent trip to the Middle East, where the group met with government officials and opinion leaders in Israel and Egypt, highlighted Kagan's experience as an American Jewish Committee Comay Fellow, a program cultivating younger leaders for AJCommittee.                             
 

The 43-year-old was one of nine people from around the country selected for the program, which has included a Florida retreat this winter, attendance at two AJCommittee board meetings and a trip to the organization's national conference next month.                           

"It was a pretty heady opportunity for all of us to be in the Middle East at such a momentous time," said Kagan, adding that she felt "cautious optimism" in Israel that a resolution to "the problems that have been intractable so long" may be in the offing.                               
 

Kagan arrived in Israel before the rest of the group in order to visit the Mevasseret Zion absorption center, a Jewish education center being built by Aish Hatorah and Yemin Orde, a home for immigrant and at-risk youth. The three sites are all beneficiaries of the Carl M. Freeman Foundation, where she has served as executive director for the past two years.         

 

The nonprofit foundation donates more than $1 million a year to projects primarily in Montgomery County and in Sussex County, Del., where most of the late real estate developer's properties -- such as Cabin John Shopping Center and Sea Colony -- are located. That includes donations to a number of Jewish organizations, topped by $100,000 a year to the Jewish Federation of Greater Washington.

 

A cousin of Josh Freeman's, Carl's son and the current head of Freeman Companies, Kagan said one of the most exciting aspects of the foundation is a program she suggested three years before she took the helm.         

F.A.C.E.S. -- Freeman Foundation Assists Community With Extra Support -- provides what she sometimes calls "get-to-know you" grants of between $500-$2,000 "targeted toward smaller nonprofits that are often overlooked." 

 

For example, she points to the purchase of CPR dummies for Central Familia, an organization that trains Hispanic day-care providers.        

"For a small amount of money, it totally makes a difference in their ability to do a better job in their community," said Kagan.

 

Many in Montgomery County may recognize Kagan's name from her eight-year stint in Annapolis, where she served as a delegate in the State House representing Maryland's 17th District. She chose not to run for re-election in 2002 for several reasons.                                 
 

"I left because I think some people stay in office too long," she said.  "I think fresh blood and new insights are always valuable in representative government." 

 

She also was frustrated by the "good old boy network" that governs the legislature, and "wasn't sure a Jewish feminist woman from Montgomery County was going to make very much progress very quickly."

 

For example, she remembers when Holy Cross Hospital was working with Montgomery College to set up a clinic for low-income women. Kagan found it difficult to get an agreement that the Silver Spring hospital would provide, or at least offer referrals for, women's services such as pap smears and treatment of sexually transmitted diseases.     

 

Opponents falsely accused her of trying to force the Catholic hospital to perform abortions, and she succeeded only after some state senators saw an article in the media about Kagan's struggle.

 

"It was an uphill battle on some issues that seemed so logical ... and too often seemed to fall on deaf ears," she said. "I thought I could make more of a difference [working] in the community." 

 

But Kagan -- who with her husband, David Spitzer, is an avid folk music fan -- notes that she "never got out of politics, I got out of elective office."                                                                 
She was an early co-chair of John Kerry's presidential campaign in Montgomery County, does political analysis and commentary for local television and radio outlets, and worked as a consultant on Rep. Chris Van Hollen's (D-Md.) successful 2002 House campaign.

 

She also is pondering another attempt at elective office, considering a primary challenge to Md. Sen. Jennie Forehand (D-Dist. 17) -- whose 28 years in the General Assembly has led some to look for new leadership. 

 

"I have learned so much in this job with the foundation that could only make me a better elected official," said Kagan, adding that there is "so much I could do in the State Senate that could benefit the nonprofit community." 

 

 In fact, Kagan says politics seem to follow her everywhere. A member of  Potomac's Congregation Har Shalom, she was in Jerusalem during the Comay trip, having Shabbat dinner at her rabbi's sister's house, when she checked a Blackberry she had borrowed and was greeted by a stream of  e-mails.

 

Sen. Paul Sarbanes (D-Md.) had announced his retirement, and she was receiving not only announcements from those considering a run, but press inquiries about whether she would be interested in running for something.

 

"I thought I was going to get away from everything for two weeks," said Kagan. "Instead, I was completely immersed." 

                     
Copyright 2005

Washington Jewish Week
1500 East Jefferson St.

Rockville, Maryland


 

 

Kagan out of office, still in public service
By Sarah Michael
Frederick News

News-Post Staff

June 16, 2003

POTOMAC -- Former state delegate Cheryl Kagan left public office with the idea there was a better way for her to make a difference in Montgomery County.

Although seen as a rising political star with more than two decades of experience, Ms. Kagan had had enough. She soon found herself spearheading the transformation of a $10 million foundation as the first executive director of the Potomac-based Carl M. Freeman Foundation.

"It's a different way of being out in the county and making a difference," Ms. Kagan, 41, said of her new position, which she started in February. It marked a change both for a legislator known for her independent streak and a more than 40-year-old, somewhat haphazard, family foundation.

After her departure from the District 17 seat, Josh Freeman, chairman of the foundation, began to court her to join the charitable organization. Mr. Freeman was looking to strengthen and focus the foundation.

Carl M. Freeman, Mr. Freeman's father, started the foundation's parent development company, Carl M. Freeman Associates, in 1947. The foundation was born in 1960, and for many years Carl Freeman relied on his vision to shape the grant process, awarding grants to organizations that interested him rather than through an organized administration, Josh Freeman said.

While maintaining his father's vision, Mr. Freeman wanted to build partnerships with the grantees. For example, rather than simply awarding the Olney theater $20,000, the foundation made an agreement that requires the theater put on a few free shows a week for a beach community without a theater.

"Now we're measuring things a little differently," Josh Freeman said.

The foundation awarded a little more than $1 million last year, a feat Ms. Kagan credits to good investments and the Freeman family's generosity to the endowment. The foundation gives grants in four major areas: Religion, social services, education and arts. Among the beneficiaries are Jerusalem-based Aish International, the National Gallery of Art, the Olney Boys and Girls Club and the Montgomery College Foundation.

Ms. Kagan's first major contribution to the job was forming the Freeman Foundation Assisting Communities with Extra Support, or FACES. The program, which just finished its first grant cycle, supports smaller organizations often overlooked by large foundations.

Robert Newsome, a FACES board member and long-time Montgomery County activist and sports coach, said Ms. Kagan "sees the big picture and then can pull the right people together to meet those goals."

Despite her success at the foundation, Ms. Kagan hasn't ruled out politics and may consider a run for the Maryland Senate in 2006. And while she is not voting on legislation, she's found some of the skills and the issues overlap.

"In my mind, she has not left politics or public service. She will still be in the trenches on a lot of issues," said Delegate Bill Bronrott, D-Montgomery, a former colleague in Annapolis.

"She's got a very bright future ahead of her," Mr. Bronrott said. "We would be very lucky to have her back in the political circle."

Cheryl C. Kagan Named Executive Director of Carl M. Freeman Foundation
Former Maryland State Legislator to Manage Family Foundation

February 25, 2003 (Potomac, MD) -- Cheryl Kagan has been named as the first Executive Director of The Carl M. Freeman Foundation, a family Foundation based in Potomac, MD. The Foundation will continue to be led by Chairman, Joshua M. Freeman. Kagan will oversee the day to day operations of the Foundation, will serve as the liaison to the Board of Directors and will act as the primary contact for beneficiary organizations.

"We are thrilled to have Cheryl as the first Executive Director and look forward to raising the profile and awareness of the Carl M. Freeman Foundation in the coming months and years," said Joshua M. Freeman, Chairman of the Foundation established by his father in 1968.

"Over the years, our Foundation has served and supported hundreds of organizations in the greater Washington, DC area and in the Delmarva region and we will continue to fund and support causes that fit within our vision and mission," Freeman added. "Cheryl will be key to helping us determine the best future for the Foundation both as an organization and related to the causes we support."

Kagan will spend the first 90 days of her tenure recruiting new board members and developing a structured giving cycle for the Foundation. "This is a perfect extension of my previous public and community service activities and I look forward to all the Foundation can accomplish," said Kagan.

Kagan, a native of Montgomery County, has worked for political, legislative and social change since 1980. She served in the Maryland House of Delegates for eight years, representing Maryland's 17th Legislative District. She also served as the Executive Director of Independent Action to elect progressive Democrats and was the sole representative of the House of Delegates to the Maryland State Arts Council which distributes more than $10 million annually to almost 300 artists and arts organizations across the state. She has spent time working with groups such as the Cystic Fibrosis Foundation and the Multiple Sclerosis Society. She also serves on the Board of the American Jewish Committee.

A 2002 graduate of Leadership Montgomery, Kagan has been recognized by The Greater Washington Board of Trade and was named as a "Rising Star" by the Baltimore Sun in May of 1996. A product of the Montgomery County public schools, she received a B.A. in Political Science from Vassar College.

 

   
   

 

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