Early voting won?t be happening in Maryland?s elections this year.
The Court of Appeals, Maryland?s highest court, agreed Friday with an Anne Arundel County Circuit judge that the law permitting people to vote at designated polling places a week before the election violated the state constitution requiring voting be held on a single Tuesday in November.
The decision is a major political victory for Gov. Robert Ehrlich, who had vetoed the early voting but had his veto overturned by the Democratic-controlled legislature.
Ehrlich said the bill did not have enough safeguards against fraud. Democrats said they simply wanted to expand the opportunity to vote for working people, and that the governor wanted to suppress voter turnout.
In a statement, Ehrlich called Friday?s decision “a victory for the Maryland Constitution and for citizens who want fair and accurate elections in Maryland. ? The General Assembly?s early voting scheme was flawed, irresponsible and a blatant overreach of its authority under the Maryland Constitution.”
House Speaker Michael Busch said, “Obviously, the legislature believed that it was constitutional,” relying on the opinion of the attorney general and the fact that nine other states with similar language in their constitutions already had early voting.
But “you live with the judges? decision. That?s the democratic process,” Busch said. “It?s unfortunate that [voters] won?t have the same rights they have in 35 others states.”
Baltimore Mayor Martin O?Malley, running for governor against Ehrlich, said he was “disappointed in today?s decision because it will make it more difficult for hardworking Marylanders, who are struggling to provide for their families and cannot afford to take time off on election day, to vote. It?s unfortunate that Bob Ehrlich doesn?t feel the same way.”
A number of judges on the appeals court questioned how voting a week before the actual election could be reconciled with the clear language that the election occur on the first Tuesday after the first Monday in November.
There is a separate constitutional provision allowing for absentee voting when the voter is actually “absent.”
Attorney Albert Figinski who argued the case, told the court, “It?s not to say early voting isn?t good ? convenient, but they didn?t do it correctly.”
Ehrlich agreed, saying: “I look forward to working with lawmakers next year to ensure that the laudable concept of early voting is implemented in a far more thoughtful, nonpartisan and constitutional manner.”
