Report

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.

Date

Tuesday, November 19, 2024 - 4:00pm

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At the Federalsburg Unity Festival, a group gathers by the "From Protest to Progress" sign that was part of the landmark settlement in the historic voting rights case. In the photo are six people named on the sign.

As 2024 moves forward, the ACLU of Maryland legal department continues its ongoing work toward justice with clients, colleagues and partners, through new projects as well as developments in long-running litigation.

While this report focuses primarily on our work in the court system, litigation is just a part of what we do in the legal department: Our lawyers and advocates work on a myriad of legal projects beyond litigation. Our legal advocacy program integrates aspects of outreach, public education, and legal information to reinforce the value and agency of people our society unjustly pushes to the margins, providing the ACLU an important opportunity to equitably advance our mission outside litigation. This includes reviewing requests for assistance, conducting in-depth research and investigations, offering resources and referrals.

We also address civil rights violations and confront systems of white supremacy by conducting legal analyses to support our colleagues on public policy matters, and through drafting of legal policy reports, self-advocacy resources, and demand letters. Additionally, our team leads the ACLU’s Election Protection campaign and collaborates with Engagement staff on our Know Your Rights program. Through all this work, we strive to offer our communities belonging, tools, and strategies to develop pipelines to partnership with their government, other advocates, and each other. From fighting for voting rights, to pushing for transparency, accountability and systemic reforms in the tragic police killing of Anton Black, to the Maryland Parole Project’s celebration of homecomings for people too long imprisoned, the legal team is energized by the progress our clients and partners are making in Maryland’s fight for justice.

In the report below, we walk you through our recent and ongoing work in the courts, categorized by strategic priority, highlighting some of our memorable legal efforts.

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Photo caption: At the Federalsburg Unity Festival, a group gathers by the "From Protest to Progress" sign that was part of the landmark settlement in the historic voting rights case. In the photo are six people named on the sign (Rev. Jeffrey Butler, Elaine Hubbard, Roberta Butler, Dr. Willie G. Woods, Sherone Lewis, and Wanda Molock) and three other NAACP branch members (Elizabeth Pinkett, Janet Fountain, and Rev. Pearl Geter). Photo by Wanda Molock.

We publish this Legal Docket annually. The content we publish on the legal case pages on our website may reflect updates that occurred since we published this docket.

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Author: Deborah Jeon, legal director

Designer: Nicole McCann, senior communications strategist

Publication Date: September 2024