The Law and Your Voting Rights in Maryland

Voting in local, state, and national elections is one of the most important things you can do as an American. You can help decide what happens here in Maryland and across the United States by choosing who you want to represent you in public office. When you vote, your voice is heard.

• Who can vote?
• How do I check to see if I registered? Problems?
• What if I have been convicted of a crime?
• What if I am homeless?
• What if I move or change my name?
• Do I need ID to register?
• Do I need ID to vote?
• I want to learn more about the candidate. What information is there?
• How do I find out if my provisional vote was accepted?
• What are my rights if they try to keep me from voting?
• What if I suspect my vote was not counted?

The Maryland State Board of Elections has a Rumor Control page to dispel some rumors that have been circulating in the public surrounding the upcoming elections.  Frequently asked questions regarding foreclosures, campaign merchandise, voter registration, college students, absentee ballots, registering before election, provisional voting, and undercover officers are addressed.

The Election Protection Coalition provides useful information on voting throuht the 1-866-OUR-VOTE and 1-888-Ve--Y-Vota.

Who can vote?
In order to vote in Maryland, you must be a:

• Be a U.S. citizen;
• Be a Maryland resident;
• Be at least 18 years old by the next general election;
• Completed the voter registration form by the deadline.
• Not be under guardianship for mental disability;
• Not have been convicted of buying or selling votes;
• Not have been convicted of a felony, or if you have, you have completed serving a court ordered sentence of imprisonment, including any term of parole or probation for the conviction.  

See the Board of Elections website for deadlines for each election.

Even if you meet these requirements, you cannot vote if:

• You are under guardianship for a mental disability; or
• You have been convicted of certain crimes.

How do I check to see if I am registered? Problems?
About three weeks after you register, you should receive a voter registration card in the mail. This verifies that you are registered.

You can also call your local Board of Elections.

You can also look on-line at a website created by the secretaries of state to allow voters who move to see information from other states as well as their own state www.canivote.org

The National Association for the Advancement of Colored People (NAACP) publishes a Voter Empowerment Guide on your right to vote and what you should do if you encounter problems at your local polling center.

The American Civil Liberties Union (ACLU) has a Maryland Voter Empowerment Card availble for download.

What if I did not receive a voter registration card after I registered?
If you do not receive the card in the mail, there may have been a problem and you may not be registered even if you completed the voter registration form (pdf).  You should contact your local Board of Elections immediately.

What if I moved or changed my name?
You do not need to re-register if you move to another place within Maryland,  but you will need to contact your local Board of Elections to update your address. Md. Ann. Code art. EL, § 3-304.

• When you complete a change of address form at the Motor Vehicle Administration (MVA) this information will be sent to your local Board of Elections.
• You can choose not to change your voter registration information, for example if you are military personnel being deployed overseas or are a student who is attending college out of state who chooses to remain a Maryland resident.
• If you move from Maryland to another state, you will need to register to vote in that state.
• You also need to update your information with the local boards of election if you legally change your name.

If you moved or changed your name and did not update your information with your local Board of Elections, you must use a provisional ballot. Your new address determines which candidates you are able to vote for.  You have two options:

• You may  fill out a provisional ballot at your old precinct. 

• If you choose to vote at your old precinct, only your votes for candidates whose name also appears on the ballot at your new voting location will be counted.

• You may fill out a provisional ballot at you new precinct. 

  •  If you chose to vote at your new precinct, your ballot will have the names of all the candidates for whom you are eligible to vote.  Therefore, all your votes will count.

You may not vote at your old precinct without informing the election judge of your change of address and asking for a provisional ballot.  Voting in an election district where you do not currently reside is illegal.  MD Const. art. I, § 5.

Do I need ID to register?
You will need to provide a Maryland driver’s license number or Motor Vehicle Administration identification card number, or your Social Security number to complete the voter registration.

Do I need ID to vote?
Election judges prefer that you take a picture ID to the polling place. You must have identification if:

• It is your first time voting in Maryland,
• You sent your voter registration in by mail on or after October 14, 2008, and
• You have not already met the identification requirements of the federal Help America Vote Act (Pub. L. 107-252, 42 U.S.C. 15301 et seq.)

Acceptable picture IDs are:

• Maryland driver's license
• Student, employee, or military ID card
• U.S. passport

If you do not have a picture ID, you may also use:

• utility bill,
• bank statement,
• government check,
• paycheck (Pub. L. 107-252, 42 U.S.C. 15301 et seq.)

If you are already registered and you are denied the right to vote because you do not have a picture ID, you may cast a provisional ballot. When the board of elections confirms that you are in fact a registered voter, your provisional ballot will be counted.

I want to learn more about the candidates. What information is there?
You can find a great deal of information on the candidates for local, state, and national elections on the internet:

•  Project Vote Smart - nonpartisan organization protecting democracy through education, provides extensive information on Maryland candidates. Project Vote Smart provides citizens with many candidates' answers to the "National Political Awareness Test," (NPAT) a series questions exploring his/her stance on several important issues such as "National Defense" and Welfare and Poverty Issues".   Some candidates chose not to answer the NPAT and therefore Project Vote Smart was not able to provide much information about him/her.  The website also provides the  voting record of incumbent candidates on such topics as "Budget, Spending and Taxes" and "Education."  
• Vote-USA.org - a nonpartisan group providing citizens with information directly from the candidates. Simply by entering your address Vote-USA.org will generate your sample ballot and provide you with comparisons of each candidate.  The candidates wrote their own entries.
• League of Women Voters of Maryland - a nonpartisan group dedicated political education and participation, provides a voter's guide with information on candidate's positions.

What are my rights if they try to keep me from voting?
Polling officials must allow you to vote on a provisional ballot if:

• you do not have picture ID
• if an error at the polls leaves you off of the registered voter list OR
• if the election judge says you are not eligible to vote Md. Ann. Code art. EL, § 9-404.   

Information about the requirement and procedures of provisional voting on the Maryland Board of Elections website.

If you are registered and they refuse to allow you to vote on a provisional ballot, you may contact the Maryland Board of Elections or the Maryland Attorney General's Office or 1-866-OUR-VOTE

If you are in foreclosure proceedings you are still eligible to vote in the district in which you reside and you retain that right to vote in that ward or district until you establish a residence in another ward or district.  For more information see Attorney General Gansler's letter to the State Board of Elections addressing concerns about voters and foreclosures.

How do I find out if my provisional vote was accepted?
The federal Help America Vote Act (Pub. L. 107-252, 42 U.S.C. 15301 et seq.) requires states to create a system where individuals can find out if their provision ballot was accepted or why it was rejected. In Maryland, there are two ways to obtain this information:

• By calling 1-800-222-8683 or
• By entering your information in the University of Maryland Baltimore County (UMBC) database.