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Maryland Question 2, Election-Day Voter Registration Amendment (2018)

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Maryland Question 2
Flag of Maryland.png
Election date
November 6, 2018
Topic
Voting policy measures
Status
Approveda Approved
Type
Constitutional amendment
Origin
State legislature


Maryland Question 2, the Election-Day Voter Registration Amendment, was on the ballot in Maryland as a legislatively referred constitutional amendment on November 6, 2018. It was approved.

A "yes" vote supported amending the state constitution to authorize the state legislature to enact a process for registering qualified individuals to vote at a precinct polling place on election day.
A "no" vote opposes amending the state constitution to allow election-day voter registration, thereby leaving in place same-day voter registration during the early voting period but not on election day.

Election results

Maryland Question 2

Result Votes Percentage

Approved Yes

1,456,168 67.77%
No 692,603 32.23%
Results are officially certified.
Source

Overview

Measure design

Question 2 amended the state constitution to authorize the Maryland Legislature to enact a process for registering qualified individuals to vote at a precinct polling place on election day. The amendment added the following text to the Constitution:

The General Assembly shall have the power to allow a qualified individual to register and vote at a precinct polling place on election day.[1]

How did this measure get on the ballot?

Question 2 was sponsored by 30 Democratic delegates of the Maryland House of Delegates. Rep. Al Carr (D-18), one of the sponsors of the bill, said, “A number of states are making it harder and harder to vote but in Maryland, we’re trying to make it easier. Passing this measure is a step forward in the right direction.”

As of 2018, how was voting done in Maryland?

Going into the election, Maryland allowed voters to register or update their existing registration during the early voting period, but not on election day.[2] In 2013, the Maryland State Legislature approved a bill that authorized same-day voter registration during the early voting period. It also expanded the early voting period from six days to eight days. The law became effective on July 1, 2013.[3][4] As of June 2018, 16 states and the District of Columbia permit or will soon permit Election Day registration, which allows voters to register or update their existing registration on Election Day.

Text of measure

Ballot title

The ballot title for Question 2 was as follows:[5]

Authorizes the General Assembly to enact legislation to allow a qualified individual to register and vote at a precinct polling place on Election Day. The current law requires voter registration to close before Election Day.[1]

Constitutional changes

See also: Article I, Maryland Constitution

The measure added a Section 2A to Article I and amended Sections 1 and 2 of Article I of the Maryland Constitution. The following underlined text was added, and struck-through text was deleted:[6] Note: Hover over the text and scroll to see the full text.

Section 1

All elections shall be by ballot. Except as provided in Section 2A or Section 3 of this article, every citizen of the United States, of the age of 18 years or upwards, who is a resident of the State as of the time for the closing of registration next preceding the election, shall be entitled to vote in the ward or election district in which the citizen resides at all elections to be held in this State. A person once entitled to vote in any election district, shall be entitled to vote there until the person shall have acquired a residence in another election district or ward in this State.

Section 2

The Except as provided in Section 2A of this Article, the General Assembly shall provide by law for a uniform Registration of the names of all voters in this State, who possess the qualifications prescribed in this Article, which Registration shall be conclusive evidence to the Judges of Election of the right of every person, thus registered, to vote at any election thereafter held in this State; but no person shall vote, at any election, Federal or State, hereafter to be held in this State, or at any municipal election in the City of Baltimore, unless [his] the person's name appears in the list of registered voters; the names of all persons shall be added to the list of qualified voters by the officers of Registration, who have the qualifications prescribed in the first section of this Article, and who are not disqualified under the provisions of the second and third sections thereof.

Section 2A

The General Assembly shall have the power to allow a qualified individual to register and vote at a precinct polling place on election day.[1]


Readability score

See also: Ballot measure readability scores, 2018
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.


The FKGL for the ballot title is grade level 14, and the FRE is 25. The word count for the ballot title is 35, and the estimated reading time is 9 seconds.

In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here.

Support

Legislative sponsors

The following legislators sponsored Question 2 in the legislature:

Supporters

Arguments

Rep. Al Carr (D-18), one of the sponsors of the bill, said, “A number of states are making it harder and harder to vote but in Maryland, we’re trying to make it easier. Passing this measure is a step forward in the right direction.”[8]

Opposition

Ballotpedia did not identify committees, organizations, or individuals opposing the ballot initiative. If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Media editorials

See also: 2018 ballot measure media endorsements

Support

  • The Washington Post wrote: "Democracy is best served when all voices are heard. Arbitrary deadlines that prevent many citizens from exercising a basic right for no good reason need to be eliminated. Political scientists who analyzed and ranked state election laws for the “time and effort” it takes to vote concluded that same-day registration offers the most effective means of getting more citizens to participate in elections. [...] We urge a yes vote on Question 2."[9]

Opposition

  • The Baltimore Sun wrote: "Regarding Question 2, we are against the constitutional amendment that would allow “Same-Day Registration and Voting at the Precinct Polling Place on Election Day. [...] While we do not believe voting fraud is as rampant as some might have you believe, it certainly is an issue, and allowing people to register to vote on Election Day could create more headaches than it is worth during what is already a chaotic day for election judges. Not only that, same-day registration could cause already long lines at polling places to become even longer [...] Right now, there are plenty of opportunities to register to vote [...]."[10]

Campaign finance

See also: Campaign finance requirements for Maryland ballot measures


Total campaign contributions:
Support: $13,175.64
Opposition: $0.00


Ballotpedia identified one committee registered to support Question 2: Yes on 2- Election Day Registration. The committee reported $13,175.64 in contributions and $13,175.39 in expenditures. The Maryland Promise Committee, supporters of Question 1, was the top donor to the committee, providing $7,500 to the Yes on 2 committee.

Ballotpedia did not identify any committees registered in opposition to Question 2.[11]

Support

The top five donors in support of Question 2 provided 96.07 percent of the total contributions to the support campaign.[11]

Committees in support of Maryland Question 2
Supporting committeesCash contributionsIn-kind servicesCash expenditures
YES on 2 - Election Day Registration$8,518.18$4,657.46$8,517.93
Total$8,518.18$4,657.46$8,517.93
Totals in support
Total raised:$13,175.64
Total spent:$13,175.39

Top donors

Donor Cash In-kind Total
Maryland Promise Committee $7,500.00 $0.00 $7,500.00
Common Cause $0.00 $3,312.62 $3,312.62
AFL-CIO $0.00 $672.42 $672.42
Democracy Initiative $0.00 $672.42 $672.42
Susannah Goodman $500.00 $0.00 $500.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

See also: Voting in Maryland

States with same day voter registration

As of June 2018, the following 16 states and the District of Columbia permit or were soon expected to permit Election Day registration, which allows voters to register or update their existing registration on Election Day:[2]

Voting in Maryland

THE BASICS
  • Maryland permits online voter registration.
  • Maryland allows no-excuse absentee voting and early voting.
  • Most voters in Maryland do not have to present identification at the polls.
  • According to the Maryland State Board of Elections, to register to vote in Maryland one must be a United States citizen and Maryland resident who is at least 16 years old. Although a 16-year-old can register to vote, he or she cannot vote in an election until he or she is 18 years old.[12]

    At the time of the election, Maryland allowed voters to register or update their existing registration during the early voting period, but not on election day.[2] In 2013, the Maryland State Legislature approved a bill that authorized same-day voter registration during the early voting period. It also expanded the early voting period from six days to eight days. The law became effective on July 1, 2013.[13][14]

    Election policy on the ballot in 2018



    Election Policy Logo.png

    Electoral system
    Electoral systems by state
    Ranked-choice voting (RCV)
    Academic studies on RCV
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    Ballotpedia's Election Administration Legislation Tracker

    Public Policy Logo-one line.png

    Voters considered ballot measures addressing election policy in 15 states in 2018.

    Redistricting:

    See also: Redistricting measures on the ballot
    • Missouri Amendment 1, Lobbying, Campaign Finance, and Redistricting Initiative (2018) Approveda - The PAC Clean Missouri collected signatures to get the initiated amendment on the ballot. The measure made changes to the state's lobbying laws, campaign finance limits for state legislative candidates, and legislative redistricting process. The position of nonpartisan state demographer was created. Amendment 1 made the demographer responsible for drawing legislative redistricting maps and presenting them to the House and Senate apportionment commissions.

    Voting requirements and ballot access:

    • Florida Amendment 4, Voting Rights Restoration for Felons Initiative (2018) Approveda - The committee Floridians for a Fair Democracy collected more than the required 766,200 signatures to get Amendment 4 placed on the ballot. The measure was designed to automatically restore the right to vote for people with prior felony convictions, except those convicted of murder or a felony sexual offense, upon completion of their sentences, including prison, parole, and probation. It was approved.
    • North Carolina Voter ID Amendment (2018) Approveda - This amendment was referred to the ballot by the state legislature along party lines with Republicans voting in favor of it and Democrats voting against it. It created a constitutional requirement that voters present a photo ID to vote in person. It was approved.

    Arkansas Issue 3, a legislative term limits initiative, was certified for the ballot but was blocked by an Arkansas Supreme Court ruling. The measure would have imposed term limits of six years for members of the Arkansas House of Representatives and eight years for members of the Arkansas Senate. The ruling came too late to remove the measure from the ballot, but the supreme court ordered election officials to not count or certify votes for Issue 3.

    Campaign finance, political spending, and ethics:

    • Colorado Amendment 75, Campaign Contribution Limits Initiative (2018) Defeatedd - Proponents collected more than the required 136,328 valid signatures and met the state's distribution requirement to qualify this initiative for the ballot. The measure would have established that if any candidate for state office directs (by loan or contribution) more than one million dollars in support of his or her own campaign, then every candidate for the same office in the same primary or general election may accept five times the aggregate amount of campaign contributions normally allowed. It was defeated.


    Election policy legislation

    The following is a list of recent election bills that have been introduced in or passed by the Maryland state legislature. To learn more about each of these bills, click the bill title. This information is provided by BillTrack50 and LegiScan.

    Note: Due to the nature of the sorting process used to generate this list, some results may not be relevant to the topic. If no bills are displayed below, no legislation pertaining to this topic has been introduced in the legislature recently.


    Path to the ballot

    See also: Amending the Maryland Constitution

    In Maryland, a constitutional amendment must be passed by a 60 percent supermajority vote in each house of the state legislature during one legislative session.

    2018 legislative session

    This amendment to allow same-day voter registration on election day was introduced in the 2018 legislative session as House Bill 532 and received a first hearing on January 26, 2018. The state House approved HB 532 in a vote of 91-47 on March 8, 2018. The vote was along partisan lines, with two Republicans joining 89 of 91 Democrats to vote in favor of the amendment. The other two Democrats did not vote. Of the remaining 48 Republicans, 47 voted against the amendment, and one was absent. On March 26, 2018, the state Senate voted along partisan lines to approve HB 532. All 33 Democrats voted in favor of the amendment, and all 14 Republicans voted against it in the Senate. As of March 2018, Maryland was one of 16 states under divided government.[15]

    Vote in the Maryland House of Delegates
    March 8, 2018
    Requirement: Three-fifths (60 percent) vote of all members in each chamber
    Number of yes votes required: 85  Approveda
    YesNoNot voting
    Total91473
    Total percent64.54%33.33%2.13%
    Democrat8902
    Republican2471

    Vote in the Maryland State Senate
    March 26, 2018
    Requirement: Three-fifths (60 percent) vote of all members in each chamber
    Number of yes votes required: 29  Approveda
    YesNoNot voting
    Total33140
    Total percent70.21%29.79%0.00%
    Democrat3300
    Republican0140

    2017 legislative session

    A similar proposal to allow election-day voter registration was introduced on January 27, 2017, as Senate Bill 423 (SB 423). On March 10, 2017, the Maryland Senate voted 32 to 13, with one member not voting and one member absent, to approve the amendment. The House Ways & Means Committee voted to amend SB 423. The Maryland House of Delegates approved the amended version of the bill on April 7, 2017. The vote was 88 in favor to 49 against. The Senate did not concur with the House amendments, which included provisions concerning verification of residence and identification. The measure was not approved for the ballot during the 2017 legislative session, which ended on April 10, 2017.[16][17][18]

    Senate vote

    March 10, 2017[16]

    Maryland SB 423 Senate Vote
    ResultVotesPercentage
    Approveda Yes 32 71.11%
    No1328.89%

    House vote (as amended)

    April 7, 2017[16]

    Maryland SB 423 House Vote
    ResultVotesPercentage
    Approveda Yes 88 64.23%
    No4935.77%

    How to cast a vote

    See also: Voting in Maryland

    Poll times

    In Maryland, all polling places are open from 7:00 a.m. to 8:00 p.m. Eastern Time. An individual who is in line at the time polls close must be allowed to vote.[19]

    Registration requirements

    Check your voter registration status here.

    According to the Maryland State Board of Elections, to register to vote in Maryland, one must be a United States citizen and Maryland resident who is at least 16 years old. Although a 16-year-old can register to vote, he or she cannot vote in an election unless he or she will be 18 at the time of the next general election (i.e., 17-year-olds are permitted to vote in primary elections, so long as they'll be 18 by the time of the corresponding general election).[12]

    Maryland allows same-day voter registration during the early voting period and on Election Day.[12]

    Voters may register online, by mail, or in person at one of the following locations:[12]

    • Local board of elections
    • The State Board of Elections
    • Local Department of Health office
    • Maryland Department of Human Services local offices
    • Maryland Motor Vehicle Administration (MVA) offices
    • Local Area Agency on Aging offices
    • MTA Paratransit Certification Office
    • All public institutions of higher education
    • Recruitment offices of the U.S. Armed Forces
    • Marriage license offices
    • Offices for students with disabilities at all Maryland colleges and universities

    Automatic registration

    Maryland automatically registers eligible individuals to vote through the Motor Vehicle Administration.[20]

    Online registration

    See also: Online voter registration

    Maryland has implemented an online voter registration system. Residents can register to vote by visiting this website.[20]

    Same-day registration

    Maryland allows same-day voter registration.[20]

    Residency requirements

    Maryland law requires 21 days of residency in the state before a person may vote.

    Verification of citizenship

    See also: Laws permitting noncitizens to vote in the United States

    Mayland does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

    Several local jurisdictions in Maryland permit noncitizens to vote in at least some local elections. These jurisdictions maintain separate voter registration systems for noncitizen voters. See here for more information.

    All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[21] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

    Verifying your registration

    The voter lookup page, run by the Maryland Board of Elections, allows residents to check their voter registration status online.

    Voter ID requirements

    Maryland does not require voters to present identification while voting, in most cases.[22]

    A voter will be asked to show ID in the following circumstances:

    • The voter registered by mail and did not provide proper identification;
    • The voter’s identity is challenged; or
    • The voter registers to vote during early voting or changes his or her address during early voting.

    The following list of accepted ID was current as of October 2024. Click here for the Maryland Attorney General's voting information page to ensure you have the most current information.

    • A Maryland Driver's License or other Motor Vehicle Administration (MVA) issued identification
    • A student ID card that contains a photo
    • An employee ID card that contains a photo
    • A passport or other government issued ID,

    OR, if you do not have those forms of ID:

    a utility bill, bank statement, government check or paycheck that shows your name and address and is less than 3 months old. If you are showing ID because you are voting for the first time, your name and address on the document must match the information on the voter registration roll.[1]

    See also

    External links

    Footnotes

    1. 1.0 1.1 1.2 1.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
    2. 2.0 2.1 2.2 Brennan Center for Justice at New York University School of Law, "Automatic Voter Registration and Moderniation in the States," accessed June 13, 2018
    3. Washington Post, "O’Malley signs death penalty repeal, medical marijuana bill and other measures," May 2, 2013
    4. General Assembly of Maryland, "SB 0279," accessed June 10, 2014
    5. Maryland Board of Elections, "2018 Ballot Question," accessed August 29, 2018
    6. Maryland Legislature, "House Bill 532 - Text," accessed March 12, 2018
    7. ACLU, "Voters Choose to Defend Democracy by Approving Voting Rights Measures," accessed January 23, 2020
    8. My MC Media, "MD. House of Delegates Passes Bill to Allow Same-Daw Voter Registration," March 8, 2018
    9. The Washington Post, "Vote ‘yes’ on Maryland Question 2," October 26, 2018
    10. The Baltimore Sun, "Editorial: On Maryland ballot questions, yes on casino revenues for education, no on same-day voter registration," October 30, 2018
    11. 11.0 11.1 Maryland State Board of Elections, "Ballot Issue Committee Search," accessed May 22, 2018
    12. 12.0 12.1 12.2 12.3 Maryland State Board of Elections, "Introduction," accessed June 10, 2014 Cite error: Invalid <ref> tag; name "mdreg" defined multiple times with different content
    13. Washington Post, "O’Malley signs death penalty repeal, medical marijuana bill and other measures," May 2, 2013
    14. General Assembly of Maryland, "SB 0279," accessed June 10, 2014
    15. Maryland State Legislature, "House Bill 532 - Overview," accessed March 12, 2018
    16. 16.0 16.1 16.2 Maryland Legislature, "SB 423 Overview," accessed March 24, 2017
    17. Maryland Legislature, "Senate Bill 423," accessed March 24, 2017
    18. Maryland Legislature, "Committee on Ways and Means Amendments to Senate Bill 423," accessed April 7, 2017
    19. Maryland State Board of Elections, "Rules and Information for Voters," accessed April 18, 2023
    20. 20.0 20.1 20.2 NCSL, "State Profiles: Elections," accessed August 25, 2024
    21. Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
    22. Maryland Attorney General, "Voting FAQ," accessed April 13, 2023