Maryland Constitution Article I - Elective Franchise
Here’s a detailed overview of Article I – Elective Franchise in the Maryland Constitution, based on the current text and recent amendments:
🗳️ Article I – Elective Franchise
Section 1. Right to Vote by Ballot
All elections in Maryland must be conducted by secret ballot.
Every U.S. citizen aged 18 or older, who is a resident of the state by the close of registration prior to an election, is entitled to vote in their ward or district.
Once eligible, a person remains entitled to vote in that district until they officially move elsewhere. (law.justia.com)
Section 1A. Vacant
This section, originally added in 1918, is now vacant, having been renumbered into Section 3. (msa.maryland.gov)
Section 2. Voter Registration
The General Assembly is responsible for establishing a uniform voter registration system.
Registration is conclusive proof of voting eligibility.
No voter may cast a ballot—federal, state, or Baltimore municipal—unless they are registered. (law.justia.com)
Section 2A. Same-Day Registration
As of November 6, 2018, Maryland permits qualified individuals to register and vote on Election Day at their precinct. (msa.maryland.gov)
Section 3. Absentee and Early Voting
Allows for absentee voting for those who are absent, unable to vote in person, or choose to do so.
Since 2008, early voting is permitted at any polling place, either within or outside one’s district, up to 10 days before Election Day. (law.justia.com, msa.maryland.gov)
Section 4. Disqualification by Crime or Guardianship
The General Assembly may restrict voting rights of individuals convicted of serious crimes or who are under guardianship due to mental disability. (law.justia.com)
Section 5. Residency Fraud Penalties
It’s a criminal offense—punishable by fines and imprisonment—for individuals to:
Move to a district solely to vote,
Vote in a non-residential district,
Vote multiple times in one election, or
Vote under someone else’s name. (en.wikipedia.org, textbookdiscrimination.com)
Section 6. Bribery and Improper Influence
Gives penalties for offering or receiving bribes to:
Prevent voting,
Influence vote choice,
Or cast an illegal vote.
Convicts are permanently disqualified from holding office or voting, though the General Assembly may remove penalties for the person receiving the bribe. (reddit.com, msa.maryland.gov)
Section 7. Preserving Election Integrity
The General Assembly must enact laws to ensure the purity and fairness of elections. (msa.maryland.gov)
Section 8. Contested Elections
Provides that the General Assembly should establish legal processes for resolving contested election results. (msa.maryland.gov)
Section 9. Oath of Office
Requires all elected or appointed public officials to take an oath affirming:
Support for the U.S. Constitution,
Allegiance to the State of Maryland,
Faithful execution of duties,
For Governor, legislators, and judges: refrain from holding another office’s profits during their tenure. (law.justia.com)
Section 10. Filing of Oaths
Officials may qualify for office before the Governor or any Clerk of Court anywhere in Maryland.
If sworn in outside their home county, their oath must be sent to and filed in their home county’s court clerk. Also affirms gender-neutral interpretation of office-related terms. (msa.maryland.gov)
Section 11. Failure to Take Oath
Refusal or neglect in taking the oath constitutes a rejection of office.
Violating the oath disqualifies the individual from future public office. (msa.maryland.gov)
Section 12. Voter Registration Requirement for Officeholding
To hold or remain in elective office, one must be a registered voter in Maryland both when assuming office and during the term. (msa.maryland.gov)
🧭 Summary Table
| Section | Focus |
|---|---|
| 1 | Secret ballots, general voting eligibility |
| 2 | Voter registration requirements |
| 2A | Same-day registration and voting |
| 3 | Absentee and early voting provisions |
| 4 | Disqualification due to crime or mental guardianship |
| 5 | Penalties for electoral fraud |
| 6 | Anti-bribery enforcement |
| 7 | Laws preserving election integrity |
| 8 | Handling contested election cases |
| 9 | Oaths required for public officials |
| 10 | Procedures for filing oaths |
| 11 | Consequences of oath refusal or violation |
| 12 | Voter registration requirement for elected office |
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