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Maryland Early Voting, Question 1 (2008)

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The Maryland Early Voting Amendment, also known as Question 1, was on the November 4, 2008 ballot in Maryland as a legislatively referred constitutional amendment, where it was approved. The measure authorized the General Assemnly 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.[1]

Election results

Maryland Question 1 (2008)
ResultVotesPercentage
Approveda Yes 1,755,844 72.36%
No670,75927.64%

Election Results via: Maryland State Board of Elections

Text of measure

Legislative summary

The legislative summary was as follows:[2]

Constitutional Amendment - Elective Franchise - Early Voting and Polling Places

Summary (Prepared by the Department of Legislative Services of the Maryland General Assembly in accordance with Section 7-105 of the Election Law Article of the Annotated Code of Maryland)

  • Amends Section 1 and Section 3 of Article I - Elective Franchise - of the Maryland Constitution to authorize the enactment of legislation to:
    • (1) allow any qualified voter who chooses to do so to vote by absentee ballot.
    • (2) allow qualified voters to vote at polling places in or outside the voters’ election districts or wards or, during the two weeks immediately preceding an election, on no more than 10 other days prior to election day.
  • Absentee Voting: The Maryland Constitution currently authorizes the enactment of legislation to provide for absentee voting only by “qualified voters … who are absent at the time of any election … and for voting by other qualified voters who are unable to vote personally ….” (Art. I, § 3). This constitutional amendment would expressly authorize the enactment of legislation to allow a qualified voter who chooses - for whatever reason - to vote by absentee ballot.
  • Early Voting and Voting Outside the Election District or Ward in Which the Voter Resides: The Maryland Constitution also currently designates the Tuesday after the first Monday in November as the calendar date for general elections (See, e.g., Art. II, § 2; Art. XV, § 7; Art. XVII, § 2; et al) and specifies that a qualified voter is entitled to vote “ … in the ward or election district in which … [the voter] resides ….” (Art. I, § 1). This constitutional amendment would expressly authorize the enactment of new legislation to allow qualified voters:
    • (1) to vote early on no more than 10 other days during the two weeks immediately preceding an election.
    • (2) to vote at polling places in or outside voters’ election districts or wards.

[3]

Full text

The text of the measure can be read here.

Background

The Maryland General Assembly passed similar early voting legislation in 2005 and 2006. A circuit court judge in Anne Arundel County ruled that both of those those measures were unconstitutional. The legislature responded by putting this measure on the ballot.

Supporters

Supporters included:

  • Delegate Jon Cardin (D-11), chair of the Maryland House Election Law Subcommittee.
  • Delegate John P. Donoghue (D-2C)[4]
  • Dorothy Kaetzel, Washington County Election Director
  • Common Cause Maryland[4]

Arguments in favor

Notable arguments made in support included:

  • It will increase turnout and decrease long lines.
  • Early voting makes it more convenient to vote, and encourages voter participation by those that don't have time on election day.[4]
  • Absentee voting isn't sufficient in all cases, including unforeseen circumstances that may keep a voter from making it to the polls before they close[4]

Opposition

Opponents included:

Arguments against

Notable arguments made in opposition to the measure included:

  • It is politically motivated to get more Democrats to vote in a state where they have a 2-to-1 advantage in voter registration.
  • Because Maryland is a state that doesn't require voters to show photo ID, this measure increases the chances of vote fraud.
  • Those who cannot make it to the polls on time can already vote absentee.
  • Implementing the measure will be costly.

See also

External links

Additional reading

Footnotes


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