Voting in the Shadow of Democracy

Shining a Light on Voting Inside Maryland’s Correctional Facilities

EXECUTIVE SUMMARY

In 2021, the Maryland General Assembly passed the Value My Vote Act, which required government agencies to inform individuals detained pending trial and individuals detained for misdemeanor convictions of their right to vote. To ensure this legislation was being honored, in 2022, the Expand the Ballot, Expand the Vote Coalition (“Expand the Ballot” or “Coalition”) toured and met with the administrators of seventeen jails and prisons across the state of Maryland to observe and understand how the Act was being implemented. The Coalition had the opportunity to speak with wardens, other administrators and staff, people detained in these facilities, and legal and policy staff for the Maryland Department of Public Safety and Correctional Services (DPSCS).

While inside the facilities, Coalition members were able to see where voting materials were available, where informational signs were posted, and where drop boxes were located. Members learned that voting infrastructure in Maryland’s jails and prisons – and the administration’s attitude towards voting while detained – varied widely from facility to facility. Many jail administrators were unaware of the Act and some were confused about the current law regarding the rights of pre-trial detainees and detainees with misdemeanor convictions to vote inside their facility, as well as the voting rights of individuals being released from their facility. Individuals held in these facilities were also largely unaware of their right to vote during the course of their detention.

In addition to these tours and meetings, the Coalition collaborated on Election Protection efforts, toured the state in Black Voters Matter vans in advance of Election Day, and successfully advocated for a language change on the voter registration application oath describing eligibility of persons with convictions.

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SPECIAL THANKS TO THE REPORT PRODUCTION TEAM

The Coalition is extremely grateful for leadership provided by the ACLU of Maryland (ACLU-MD) and their staff for the creation and completion of this report. Special thanks goes to the primary authors, Amy Cruice of ACLU-MD and Joanne Antoine of Common Cause Maryland; and to Taylar Anderson of ACLU-MD, Kate Uyeda and Yehesuah Downie of Campaign Legal Center, and Nicole Hanson-Mundell for their significant contributions to the concept and content of this report. Thanks to ACLU-MD Legal Fellow Zoe Ginsberg for meticulous editing. We deeply appreciate Nicole McCann of the ACLU of Maryland for copyediting and designing the report. Other coalition members that contributed include Qiana Johnson of Life After Release, Monica Cooper of Maryland Justice Project, and Nehemiah Bester of the ACLU of Maryland.