August 11, 2006

"Md. Judge Rules Early Voting Unconstitutional"

AP offers this report, which begins: "Early voting in Maryland is illegal because the state's constitution allows only one day of voting, an Anne Arundel County Circuit Court judge ruled Friday." I don't know the particulars of the Maryland Constitution, but I do know that similar challenges under the U.S. Constitution have failed. UPDATE: The opinion is here. The federal authorities I was thinking of were distinguished by the state court judge, though I would not be surprised to see this holding reversed on appeal. But the court also found language in the statute requiring that voting take place in a voter's precinct, which could prevent early voting in some other locations. I am not familiar enough with Maryland law to know how likely it is that this reasoning will be upheld on appeal.

Posted by Rick Hasen at August 11, 2006 11:44 AM