Maryland Elections Administrator Clarifies Federal Role in State Elections and Voter Registration Integrity

Per a press release from the Maryland State Board of Elections, State Administrator of Elections Jared DeMarinis has issued a statement to address recent public discussions and potential misinformation regarding the involvement of federal agencies, specifically the Department of Homeland Security (DHS) and the Federal Emergency Management Agency (FEMA), in the administration of state elections. The statement aims to reassure Marylanders about the security and integrity of the state’s electoral processes and voter registration system.

DeMarinis clarified that in the event of a state of emergency that could disrupt the electoral process, the Governor of Maryland holds the authority to mandate any necessary changes, not FEMA. The federal agency does not possess the power to close polling places, alter election dates, or change voting methods. Furthermore, should an emergency circumstance arise that does not constitute a full state of emergency, the State Board of Elections may petition a circuit court for remedial actions to safeguard the integrity of the electoral process. Crucially, the statement emphasizes that neither the President, DHS, nor FEMA have any constitutional or statutory authority to take over Maryland’s elections.

The statement also directly addressed concerns about the accuracy and integrity of Maryland’s voter registration process, particularly concerning citizenship. DeMarinis asserted that the Maryland State Board of Elections (SBE) and local election officials are committed to maintaining a secure, accurate, and trustworthy voter registration list in full compliance with both federal and state laws. As the State Administrator, DeMarinis is legally responsible for the accuracy and currency of the statewide voter registration list, a duty he takes seriously to protect the right to vote and uphold public trust in the democratic process.

Voter registration list maintenance in Maryland is described as an ongoing, daily effort involving continuous updates. Maryland law outlines two specific instances in which the SBE can act on information concerning potential noncitizens on the voter rolls. The Administrative Office of the Courts (AOC) provides information about potential jurors who have indicated they do not qualify for jury service due to not being a U.S. citizen. Additionally, individuals can self-report their citizenship status directly to the SBE. Before any individual is removed from the voter registration list based on an AOC report, the SBE is required to verify the information by sending a written notification to the individual requesting confirmation of their citizenship status. If information regarding a registered voter’s citizenship status is received from a third-party source, the SBE cannot confirm this information and therefore cannot take administrative action to remove or cancel the individual’s registration. Such information is forwarded to the Office of the State Prosecutor (OSP) for further investigation.

The process for removing a voter from the registration list in Maryland is described as detailed and legally circumscribed, designed to ensure absolute certainty and eliminate any doubt regarding cancellations. Election officials cannot cancel a voter registration record without completing the necessary verification steps mandated by state law. The SBE stated it will not disenfranchise a voter based on incomplete or unsubstantiated evidence, recognizing the right to vote as a significant right that should not be hindered by artificial barriers or improper cancellations. The statement reiterates that voting is a constitutional right, not a government-provided benefit.

Regarding the Systemic Alien Verification for Entitlements (SAVE) program and its potential use for verifying citizenship in voter registration, the press release states that Maryland does not utilize the United States Citizenship and Immigration Services’ (USCIS) SAVE database for voter registration or list maintenance. The statement explains that SAVE is not designed for voter registration purposes, nor is it intended to assist in maintaining voter roll accuracy. Moreover, Maryland law does not permit the use of SAVE for list maintenance. The statement also notes reports of the SAVE database producing erroneous information about registered voters’ citizenship, which could lead to the disenfranchisement of qualified voters. This would contradict Maryland law’s intent to maximize the registration of eligible individuals rather than imposing burdens that could disenfranchise them.

The State Administrator and SBE staff are responsible for overseeing cybersecurity defensive efforts against malicious actors, rather than federal agencies or the Cybersecurity and Infrastructure Security Agency (CISA). The SBE’s security team is integrated into daily operations and voter services to ensure high levels of awareness and preparedness. Updates on the state’s security posture are presented to bipartisan State Board members. The SBE collaborates with state partners and other states to share alerts on potential cyber threats, maintaining its independence and nonpartisan mission.

In conclusion, DeMarinis expressed that every eligible Marylander has the right to vote, and their voices will determine the state’s leadership. The election outcomes will decide the right leaders for Maryland’s future, and every vote cast will be counted, aligning with the principles of liberty and free government enshrined in the state’s Declaration of Rights. Marylanders are encouraged to verify information they encounter, whether on social media or from other sources, with the Maryland State Board of Elections as the trusted source for electoral information, ensuring that residents can exercise their constitutional right in a verified, open, transparent, safe, and secure manner.

Article by Mel Anara, based upon information from the Maryland State Board of Elections

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