Maryland election officials are drawing a clear line as federal proposals and directives test the boundaries of election authority.

Recent federal developments tied to voter verification and mail ballots have raised new questions about election administration and what those changes could mean for Maryland.

Proposals tied to the SAVE Act, a pending Supreme Court case on mail ballot deadlines, and a recent executive order have all drawn attention.

For Maryland, however, the framework for administering elections remains unchanged. State law governs elections, local boards run them, and counties administer and fund the system.

Federal Developments Could Affect Local Administration

The SAVE Act would require states to verify citizenship using a federal database not designed for voter registration. As outlined by the National Association of Counties, that approach raises accuracy concerns and adds new administrative work for local election officials.

At the same time, a pending Supreme Court case could change mail ballot deadlines, shifting when ballots count and how local boards process, canvass, and certify results.

Under current Maryland law, local boards count mail ballots postmarked by Election Day and received within the allowed timeframe. That structure gives local boards time after Election Day to review ballots, complete canvassing, and certify results.

Any change to those deadlines would force local boards to adjust how and when they review, count, and certify ballots. That directly affects staffing, timelines, and workload.

Mississippi and nineteen other states, including Maryland, told the Court that federal election law allows states to accept ballots that voters cast on time and that arrive soon after the election.

Local boards handle voter registration, process mail ballots, and certify elections. Counties fund those operations and would implement any changes to timelines or procedures.

Maryland Officials Reaffirm State Authority

A recent executive order directing federal agencies to take new steps on voter verification and mail ballot processing has brought these issues into sharper focus.

Maryland State Administrator of Elections Jared DeMarinis responded directly, pushing back on the scope and authority of the order.

“Neither the President nor the Secretary of the Department of Homeland Security has constitutional or statutory authority to take over Maryland’s elections and electoral processes,” DeMarinis said. “As we have stated before, the United States Constitution is clear: the authority to administer elections predominantly resides with the States. The States administer and conduct elections in accordance with their laws and regulations, subject to limited Congressional authority.”

He also addressed the proposed federal “citizenship list,” making clear it has no role in Maryland’s election system.

“The official voter registration rolls in Maryland are the ones maintained and administered by the Maryland State Board of Elections (SBE),” DeMarinis said.

“The so-called ‘State Citizenship List’ has no legal force or authority. Furthermore, the executive order offers no clear or defined concept of citizenship in the context of elections. No one knows the standards used to make their determinations or findings. Maryland will not change the status or remove any individual voter from its official voter registration rolls based on that list.”

Under Maryland law, election officials do not rely on third-party data alone to maintain voter rolls. Officials must verify information directly with the individual before taking action, a process designed to maintain accuracy while protecting the right to vote.

DeMarinis also addressed the executive order’s directive that the USPS not transmit mail-in ballots unless a voter appears on a federal preclearance list, noting that it conflicts with Maryland law, which does not allow delays in ballot delivery, and would face legal challenge.

He emphasized that Maryland election officials remain focused on running safe, open, and secure elections and maintaining public trust in the process, with a clear responsibility to protect the right to vote.

What This Means for Counties and Voters

For voters, Maryland’s election process remains the same. Federal proposals and statements do not change how Maryland conducts elections under State law.

For counties, the impact is operational. Local boards run elections, and counties administer and fund those operations. Any change to deadlines, verification requirements, or ballot processing would affect staffing, timelines, and costs at the local level.

Bottom Line

Federal activity continues to evolve, but Maryland law governs elections, and county boards of elections administer them.

Stay tuned to Conduit Street for more information.

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