After a successful veto override, voting rights in Maryland are restored automatically after release from prison, and not taken away from those on probation. This law went into effect on March 10, 2016.
With a vote in the House on January 21 and another in the Senate on February 9, Maryland’s legislature voted to override Gov. Larry Hogan’s veto and enact SB 340/HB 980. When this legislation became law on March 10, it immediately restored voting rights to an estimated 40,000 Marylanders. This new legislation replaced Maryland’s previous practice of disenfranchising individuals with past felony convictions until they completed each and every portion of their sentences. Going forward, citizens will regain their voting rights immediately upon release from incarceration, and will not lose their right to vote if not sentenced to incarceration.
Recent Developments
The effort to restore the right to vote for every Maryland citizen living in the state’s communities joined allies from across the state and around the country, including the Brennan Center. The Unlock the Vote coalition includes community, racial justice, faith, and civil rights leaders who came together to support voting rights restoration legislation as a common-sense reform that builds a more inclusive democracy while serving public safety.
- On February 9, 2016, the legislature overrode a gubernatorial veto to pass SB 340/HB 980, restoring voting rights to 40,000 Marylanders living, working and raising families in their communities who are in the process of completing their terms of probation or parole.
- On May 22, 2015, Gov. Larry Hogan vetoed SB 340/HB 980.
- In April 2015, the General Assembly overwhelmingly passed SB 340/HB 980, which received some bipartisan support, to restore voting rights to these citizens. The bill also received vocal support from the coalition that backed reform.
- In February and March 2015, the Brennan Center testified before the Maryland Senate Committee on Education, Health and Environmental Affairs, and the Maryland House Ways and Means Committee in support of bills SB 340 and HB 980. The Center’s testimony emphasized the bills’ broad benefits to democracy and public safety. Carl Wicklund, then Executive Director of the American Parole and Probation Association, also submitted a letter to legislators stressing how voting rights and civic engagement can aid in the re-entry process.
Past Developments
On April 24, 2007, then-Gov. Martin O’Malley signed historic legislation that ended lifetime disenfranchisement in Maryland, restoring the right to vote to over 50,000 Maryland citizens. This new law, in place until the 2016 law replaced it, required citizens to fully complete all aspects of their sentence before regaining their voting rights. As part of its efforts, the Brennan Center testified in support of reform, as it had done in prior years.
Official Legislative & Executive Documents
- Senate Bill 340/House Bill 980
- Veto Override Vote Counts: (Senate Votes) (House Vote: HB 980)
- Governor’s Veto Statements (SB 340) (HB 980)
- Original Vote Counts: Senate Floor; House Floor; Senate Education, Health and Environmental Affairs Committee; House Ways and Means Committee
Letters of Support
Brennan Center Coverage
- For 40,000 Marylanders, There’s Victory in Voting, Kwame Akosah (Mar. 11, 2016)
- Maryland Takes Big Step Forward on Voting Rights, Tomas Lopez, Cross-posted at Huffington Post (Feb. 9, 2016)
- Voting Rights Restored to 40,000 Marylanders (Feb. 9, 2016)
- How Maryland Can Restore Voting Rights to 40,000 People, Tomas Lopez (Apr. 8, 2015)
- Time to Restore the Franchise in Maryland, Tomas Lopez (Aug. 6, 2015)
- Maryland Voting Rights Hearing Reflects National Momentum, Tomas Lopez (Feb. 26, 2015)
- Testimony on Maryland House Bill 980, Tomas Lopez (Mar. 11, 2015)
- Testimony on Maryland Senate Bill 340, Tomas Lopez (Feb. 26, 2015)
- Restoring the Right to Vote Gains Momentum, Erika Wood (Apr. 9, 2007)
- Testimony on Maryland Senate Bill 105, Deborah Goldberg (Feb. 4, 2004)
Press
- For Baltimore Man with Criminal Record, First Time Voting Provides Hope, Kevin Rector, Baltimore Sun (Apr. 26, 2016)
- I’m Going to Cast My First Vote at 62: Column, Etta Myers, USA Today (Mar. 9, 2016)
- Over 40,000 Ex-Offenders In Maryland Could Regain Their Voting Rights, Samantha Lachman, Huffington Post (Jan. 14, 2016)
- Demonstrators Push for Ex-Felon’s Ability to Vote, Jobina Fortson, WMDT 47 (Jan. 14, 2016)
- Civil Rights Activists in Baltimore Want More Ex-Felons in the Voting Booth in 2016, Rachel Cohen, Vice (July 10, 2015)
- Will Gov. Hogan’s Recent Vetoes Stick?, Josh Hicks, The Washington Post (May 28, 2015)
- Veto of felon voting bill disenfranchised 40,000 Marylanders, Cory McCray & Alonzo Washington, Baltimore Sun (May 26, 2015)
- Ex-felons to Hogan: Let Us Vote Now, Erin Cox, Baltimore Sun (May 11, 2015)
- Help Baltimore by Restoring Voting Rights to Ex-Felons, Ari Berman, The Nation (Apr. 30, 2015)
- Senate Approves Expanding Voting Rights for Ex-Felons, Timothy Wheeler, Baltimore Sun (Mar. 16, 2015)
- Felons Gain Right to Vote, Andrew Green, Baltimore Sun (Apr. 25, 2007)
Brennan Center Publications
- Restoring the Right to Vote, Erika Wood (2009)
- The Brennan Center’s policy proposal for restoring voting rights for citizens with past criminal convictions.
- My First Vote (2009)
- Testimonials of individuals who regained their voting rights after being disenfranchised because of past criminal convictions.
- De Facto Disenfranchisement, Erika Wood & Rachel Bloom (2008)
- A report on how complex laws, poorly informed officials, and misinformation lead to the de facto disenfranchisement of citizens with past criminal convictions who are eligible to vote.
- Racism & Felony Disenfranchisement: An Intertwined History, Erin Kelley (2017)
- A piece examining the historical roots of criminal disenfranchisement laws that today strip voting rights from millions of U.S. citizens.
For more information about the Brennan Center’s work on Restoring Voting Rights in Maryland, please contact Connie Wu at wuc@brennan.law.nyu.edu.