Student Voting Project | Maryland

Voting at School

ID Requirements

Only first-time voters who register by mail and whose identifying numbers (Marylanddriver's license or non-driver ID number, or last four digits of a SocialSecurity number) have not been matched by the state have to provide identification,either when they vote in person or by submitting a copy of their ID with theirabsentee ballot or at any time before the election.  Acceptable forms of photo ID include acurrent and valid Maryland driver's license, non-driver ID card, student ID,employee ID, military ID, a U.S. passport, and any other state orfederal-government-issued ID card;acceptable forms of non-photo ID include a current utility bill, bankstatement, government check, paycheck, or other government document that has yourname and address.  Cell phone bills will count as utility bills; local boards of elections have discretion to decide to accept student housingbills or online printouts with your name and address.  If you're required to and can't show ID,you'll be able to cast a provisional ballot,which will be counted if you bring ID to the county office by 10:00 a.m. on theMonday after the election.

Registration Requirements

The registration deadline is 21 days before the election,and mail-in forms must be postmarked by that date.

Residency Requirements

In Maryland,the most important factor in determining voting residence is your intent tomake a place your principal home.  If you intend to make your Maryland schooladdress your home and you don't intend to move back to wherever you livedbefore school, you should be able to establish Maryland voting residency-evenif you don't necessarily plan on staying in Maryland after graduation.

The Marylandconstitution and election code do not define residency, other than to say thatyou must be a resident on the day you register to vote.Courts have defined residence to mean domicile.  In order to establish a new domicile, you haveto abandon your old home (that is, your parents' home, or wherever else youlived before attending school), and have a new place that you intend to makeyour home.  It's clear that students can establish a newdomicile and register under these rules.

Students who lived in Marylandprior to attending school and who wish to establish or keep their Maryland votingresidency (i.e., at their parents' address), should have no problem doing sounless they've already registered to vote in another state. Like allstates, Marylandallows students to keep their voting residency even if they move out of thecounty or state to attend school.  The only way you might lose thisresidency is if you "abandon" it by asserting residency in a new state. Whileregistering to vote in another state is not automatically considered anabandonment of residency in Maryland,some judges or officials might view it as such.

The local board of elections can deny your registrationapplication if they don't think you're a resident, but they must notify you ofthe reasons for denial.  You can appeal that denial to the State Boardof Elections, and appeal the State Board's decision to the Circuit Court for Anne ArundelCounty; any appeal of theCircuit Court's decision has to be made within five days.  

Absentee Requirement

If you apply for an absentee ballot, you won't have to specify a reason for doing so, but when you return your ballot you'll have to swear that you "will be absent or unable to vote in person in the election."  If you mail or fax in your application for an absentee ballot, it must be received by the local registrar no later than the Tuesday before the election (seven days if the election is on a Tuesday). Blank applications are available on the web site of the State Board of Elections.  If you fax in your application, you have until midnight, but otherwise, the application is due by 4:30 p.m.  Your absentee ballot must be received by Election Day, or postmarked by Election Day and received by ten days after the election.  Neither your application nor your ballot needs to be notarized or witnessed.

Voting at Home

ID Requirements

Onlyfirst-time voters who register by mail and whose identifying numbers (Marylanddriver's license or non-driver ID number, or last four digits of a SocialSecurity number) have not been matched by the state have to provide identification,either when they vote in person or by submitting a copy of their ID with theirabsentee ballot or at any time before the election.  Acceptable forms of photo ID include acurrent and valid Maryland driver's license, non-driver ID card, student ID,employee ID, military ID, a U.S. passport, and any other state orfederal-government-issued ID card;acceptable forms of non-photo ID include a current utility bill, bankstatement, government check, paycheck, or other government document that has yourname and address.  Cell phone bills will count as utility bills;local boards of elections have discretion to decide to accept student housingbills or online printouts with your name and address.  If you're required to and can't show ID,you'll be able to cast a provisional ballot,which will be counted if you bring ID to the county office by 10:00 a.m. on theMonday after the election.

Registration Requirements

The registration deadline is 21 days before the election,and mail-in forms must be postmarked by that date.

Residency Requirements

In Maryland, the most important factor in determining voting residence is your intent to make a place your principal home.  If you intend to make your Maryland school address your home and you don't intend to move back to wherever you lived before school, you should be able to establish Maryland voting residency-even if you don't necessarily plan on staying in Maryland after graduation.

The Maryland constitution and election code do not define residency, other than to say that you must be a resident on the day you register to vote. Courts have defined residence to mean domicile.  In order to establish a new domicile, you have to abandon your old home (that is, your parents' home, or wherever else you lived before attending school), and have a new place that you intend to make your home.  It's clear that students can establish a new domicile and register under these rules.

Students who lived in Maryland prior to attending school and who wish to establish or keep their Maryland voting residency (i.e., at their parents' address), should have no problem doing so unless they've already registered to vote in another state. Like all states, Maryland allows students to keep their voting residency even if they move out of the county or state to attend school.  The only way you might lose this residency is if you "abandon" it by asserting residency in a new state. While registering to vote in another state is not automatically considered an abandonment of residency in Maryland, some judges or officials might view it as such.

The local board of elections can deny your registration application if they don't think you're a resident, but they must notify you of the reasons for denial.  You can appeal that denial to the State Board of Elections, and appeal the State Board's decision to the Circuit Court for Anne Arundel County; any appeal of the Circuit Court's decision has to be made within five days.  

Absentee Requirement

If you apply for an absentee ballot, you won't have to specify a reason for doing so, but when you return your ballot you'll have to swear that you "will be absent or unable to vote in person in the election."  If you mail or fax in your application for an absentee ballot, it must be received by the local registrar no later than the Tuesday before the election (seven days if the election is on a Tuesday). Blank applications are available on the web site of the State Board of Elections.  If you fax in your application, you have until midnight, but otherwise, the application is due by 4:30 p.m.  Your absentee ballot must be received by Election Day, or postmarked by Election Day and received by ten days after the election.  Neither your application nor your ballot needs to be notarized or witnessed.

[1] See Blount v. Boston, 718 A.2d 1111, 1121 (Md. 1998).

[2] Interview with Roger Stitt, Voter Registration Operation, Maryland Bd. of Elections (July 9, 2008); see Dorf v. Skolnick, 371 A.2d 1094 (Md. 1977) (referring to "present intention"); Maryland State Board of Elections, "Students Enrolled in a Maryland Institution of Higher Education" at http://www.elections.state.md.us/voter_registration/students.html (last visited July 26, 2008).

[3] Md. Ann. Code art EL § 3-102.

[4] See, e.g., Rasin v. Leaverton, 28 A.2d 612 (Md. 1942); Blount v. Boston, 718 A.2d 1111 (Md. 1998).

[5] See, e.g., Blount, 718 A.2d at 1122.

[6] Bainum v. Kalen, 325 A.2d 392 (Md. 1974).

[7] Md. Ann. Code art. EL § 3-301.

[8] Md. Ann. Code art. EL §3-602.

[9] Md. Ann. Code art. EL §10-312.

[10] Md. Ann. Code art. EL §3-302(c)(1)

[11] COMAR 33.07.06.02-.05; Maryland Bd. of Elections, "Frequently Asked Election Day Questions: Identification," at http://www.elections.state.md.us/voting/election_day_questions.html (last visited July 26, 2008).

[12] COMAR 33.01.01.01 (14).

[13] COMAR 33.01.01.01 (18).

[14] Interview with Roger Stitt, Voter Registration Operation, Maryland Bd. of Elections (July 9, 2008).

[15] Md. Ann. Code art. EL §9-404.

[16] Md. Ann. Code art. EL §11-303(d)(4)(ii)

[17] Maryland Bd. of Elections, "Absentee Voting: 2008 Presidential Elections," at http://www.elections.state.md.us/voting/2008_absentee_info.html (last visited July 26, 2008).

Absentee Voting: 2008 Presidential Elections

[18] Md. Code Ann. art EL, §9-305.

[19] COMAR 33.11.02.02.