Early Voting; Polling Places; Absentee Ballots
From: Lu Pierson, LWVMD President October 2008

Question 1 - Constitutional Amendment
(Chapter 513, Acts of 2007)
Early Voting; Polling Places; Absentee Ballots
Authorizes the General Assembly to enact legislation to allow qualified voters to vote at polling places inside or outside of their election districts or wards and to vote up to two weeks before an election. This amendment also authorizes the General Assembly to enact legislation to allow absentee voting by qualified voters who choose to vote by absentee ballot, in addition to voters who are absent at the time of the election or who are unable to vote personally.
(Amends Article I, §§1 and 3 of the Maryland Constitution)
· For the Constitutional Amendment
· Against the Constitutional Amendment

Present Practice: Article I, Section 1 of the Maryland Constitution states that a voter “shall be entitled to vote in the ward or election district in which he resides.” As currently interpreted, this means that a voter cannot vote at an early voting location outside the voter’s election district and that a provisional ballot cast by a voter outside his or her election district cannot be counted. Article XV, Section 7 of the Maryland Constitution designates the “Tuesday after the first Monday of November” as the date of the general election. This has been interpreted by the Court of Appeals to mean that early voting, in person voting at polling places established prior to Election Day, is not permissible.

Absentee ballots are only for use by voters who are absent at the time of an election or who are unable to vote personally. The absentee ballot application requires a voter affirmation of this fact.
Proposed change: Would authorize General Assembly to enact laws to allow a qualified voter who chooses to do so to vote by absentee ballot and to vote during specified hours at designated polling places inside or outside the voters’ election district during two weeks prior to Election Day.

Pros: Allows for in person voting by voters who are unable to vote during limited hours of Election Day voting due to work hours, long commutes or other reasons to be away from polls. Early voting should ease long lines and lengthy wait times at precincts on Election Day and ease the workload of precinct workers. Increases likelihood that a voter’s provisional ballot will be counted by allowing a provisional ballot cast outside voter’s election district to be counted for eligible races.

Cons: There will be increased costs associated with providing polling locations prior to Election Day. Voters who vote during early voting may not have access to late campaign information on which to base their election decisions.


Background
Early voting: In 2005 and in 2006, the Maryland General Assembly passed legislation authorizing early voting in Maryland. In both instances, the legislation was vetoed by the Governor and the veto was subsequently overridden by the legislature. The 2006 bill repealed the 2005 early voting legislation (which contained specifics relating to the number and location of early voting polling places) and created early voting as follows: a voting period for 11 hours each day for a five-day period beginning the Tuesday before a primary or general election through the Saturday before election day at designated sites.

In August 2006, pursuant to a suit filed alleging that early voting violate state constitutional provisions, the Court of Appeals declare the early voting legislation unconstitutional and void. The Court held that allowing voters to cast ballots Tuesday through Saturday preceding an election was “inconsistent with the words of and plain meaning of constitutional provisions that specify the “Tuesday next after the first Monday of November” as the date of the general election. The Court also interpreted Article I, Section 1 of the Constitution to mean that a voter can only vote in the election district of ward in which the voter resides, meaning that a provisional ballot cast outside the voter’s district cannot be counted, even for statewide candidates.

Opponents of early voting note the increased potential for vote fraud by potentially allowing for a voter to cast more than one vote at different times and locations. However, the use of electronic poll books which contain voter information for all voters in a jurisdiction should eliminate that possibility, because when a voter casts a ballot, the database is updated to include this information. An additional argument against early voting is that it could a voter who casts a ballot early would not have access to last minute campaign information, including withdrawal of candidates and late-breaking negative candidate information. Early voting may change the nature of campaigns by decrease the likelihood of candidates relying on last minute negative revelations about opponents.

Thirty-one states currently allow early voting, either on a voting machine or in-person absentee voting.

Vote Centers: Although not yet proposed for Maryland, this Constitutional Amendment would allow for the creating of vote centers, also known as super precincts. A vote center is a centrally located polling place in which any voter in a particular jurisdiction would be allowed to cast a ballot in person on Election Day. Vote centers may replace some traditional polling places or may complement existing polling places. Vote centers are located in places where they are convenient for workers who would not have to miss work to vote.
Provisional voting: The Court of Appeals ruling that determined that a voter can only vote in the voter’s election district or ward also has ramifications for provisional balloting. In the 2006 elections, if a voter cast a provisional ballot at a precinct that was outside the voter’s election district or ward, the ballot would be counted for all races for which the voter is eligible to cast a vote. In the 2008 elections, only provisional ballots that are cast within a voter’s election district or ward can be counted. Passage of this Constitutional Amendment would allow a provisional ballot to be counted to the fullest extent possible even if it was cast outside the voter’s election district.
Absentee voting: Although the Court’s opinion did not deal directly with a newly-enacted no-excuse absentee voting law, the Court held that early voting is not a form of absentee voting and that “the inability to vote personally applies to ‘absent’ voters, not those who find the voting day to be inconvenient.” Although no-excuse absentee voting was allowed in November 2006, it has not been available to Maryland voters since the issuance of the Court’s opinion in December, 2006. Currently, voters who wish to vote by absentee ballot must affirm that the voter will be absent or will be unable to vote in person on Election Day. If this Constitutional Amendment passes, any registered voter who wishes to vote by absentee ballot would be allowed to do so. 28 states currently allow no-excuse absentee voting by mail.

The League of Women Voters of Maryland believes that voting is a fundamental citizen right that should not be abridged. We support expansion of the franchise to all eligible citizens. We support expanded voting opportunities such as early voting at a limited number of sites to assure ballot security and no-excuse absentee ballots as necessary conveniences for some citizens. We support the full use of provisional ballots, including counting provisional ballots to the extent allowable by law of those cast outside the voter’s home precinct.