Board of Elections Change in Oath and Language

Maryland Voter Integrity Group Condemns the "new rule" put in by the Maryland Board of Elections that "criminalizes" Citizen Engagement

POTOMAC, MD – August 29, 2023 – The Maryland State Board of Elections quietly changed a statewide regulation to prohibit the use of voter rolls for the express purpose of cleaning up voter rolls in violation of Federal law and the Elections Clause of Article 1 of the United States Constitution.

Maryland’s State Board of Elections’ new regulatory amendment, effective July 10, 2023, modifies the Non-Disclosure Agreement (NDA-Oath) in Election Law Article, § 3-506, Annotated Code of Maryland. This change prohibits the use of voter lists for research and investigations into Election Fraud by canvassers statewide because it requires them to sign an oath stating:

“I will not use this data for investigations into an illegal or suspected illegal infractions or violations of voters behaviors in a specific election.”

Oath with revision below. (Added language highlighted.)

Under penalty of perjury, I hereby declare, as required by Election Law Article, §3-506, Annotated Code of Maryland, that the list of registered voters for which I am applying is not intended to be used for commercial solicitation or for any other purpose not related to the electoral process. I am aware that, if I use the list for commercial solicitation or for any other purpose not related to the electoral process, or make the list available to the public or third parties or publish or republish the list in a way that allows it to be used in that manner, I will be guilty, upon conviction of a misdemeanor and subject to punishment under Election Law Article, Title 16, Annotated Code of Maryland.

I also acknowledge and understand that I cannot use the data for any purpose unrelated to the electoral process. I can use the data to register voters, form a political party, qualify as a candidate for public office, circulate a petition, conduct elections and recount, cast and count ballots, finance a campaign, and other activities that meet the definition of “electoral process” as defined in COMAR 33.03.02.01B(1). I will not use this data for investigations into an illegal or suspected illegal infractions or violations of voters’ behaviors in a specific election.

This new oath removes any mechanism for cleaning up outdated voter rolls because if the canvasser uses the data for investigations into an illegal or suspected illegal infractions or violations of voters’ behaviors in a specific election, it is the canvasser who will then be guilty, upon conviction of a misdemeanor and subject to punishment under Election Law Article, Title 16, Annotated Code of Maryland.

More significant is that this new oath requirement is in direct violation of the 1993 Federal National Voter Registration Act Sec. 8 which requires voter rolls be current and accurate and mandates all states to maintain voter rolls and make them publicly available to citizens “for the purpose of ensuring the accuracy and currency of official lists of eligible voters…”.

For background on the new rule, please read this article: https://www.uncoverdc.com/2023/08/04/elections-a-county-board-of-elections-pulls-a-fast-one/

About The Maryland Voter Integrity Group

The Maryland Voter Integrity Group is committed to stamping out fraud and inaccuracies in Maryland’s voter rolls to preserve voter confidence and free, fair, and transparent elections. For more information, please visit the organization’s Facebook page or website at www.mdvoter.org.