Two Proposed Amendments to the Maryland Constitution Are on the Nov 6 Ballot

Francie Miller • October 17, 2018

A bill to amend the Maryland constitution requires a three-fifths vote in each chamber of the General Assembly (Maryland Senate and House of Delegates) and approval by the voters at the next general election. This year there are two questions for Eastern Shore voters to consider. What follows is a brief summary from Vote411.org. Read more detailed descriptions on the State Board of Elections website. Talbot and Wicomico have ballot questions posted on the State Board of Education website as well.

QUESTION 1: Gambling Revenues for Education

Constitutional Amendment: Requiring that specified amounts of revenues from gambling be spent for public education. Also requiring that such revenues be in addition to rather than in place of other state funding for education.

Amending Article XIX, section 1 of the Maryland constitution.

Proposed change: This amendment would require the Governor to include in the state budget for public education specified amounts from gambling revenues. These amounts must be in addition to other state funding for public education required by formulas set in state law, rather than as a substitute for using other state revenues. The amendment would also repeal the provision that allows gambling revenues to be used for capital projects at community colleges and state-supported colleges and universities.

Arguments FOR the amendment:

This would ensure that gambling revenues are directed to public education and addresses concerns that the state was using gaming revenues to provide education funding that was already required by state formulas, rather than increasing the total available for the schools.

Arguments AGAINST the amendment:

By requiring expenditures of specific amounts of funds, the amendment would reduce the state’s flexibility in determining the appropriate amounts to spend on all state programs. The amendment would also reduce the use of gaming revenues to fund capital projects at community and public colleges.

A vote FOR the constitutional amendment means the state constitution would be amended to specify that revenue from gambling be used to supplement other state funding for public education.

A vote AGAINST the amendment means the current provision in the constitution would remain in effect, under which gambling revenue is used for public education but those funds may be in place of other state funding for schools.

QUESTION 2—Election Day Voter Registration

Constitutional Amendment: Authorizing the legislature to enact laws for election day voter registration.

Amending Article 1, sections 1 and 2 of the Maryland constitution.

Arguments FOR the amendment:

The right to vote is a fundamental right that should not be lost due to failure to comply with a registration requirement. In authorizing voter registration at early voting centers, the legislature required that the new voter provide proof of residency by showing a driver’s license or similar documents to prevent voter fraud. It is likely that the legislature would adopt similar requirements for registering on election day. Fourteen other states allow voter registration on election day and have not reported problems.

Arguments AGAINST the amendment:

Permitting people to register and vote on election day could lead to voter fraud. Although the legislature required that people registering during early voting provide documents proving their residence, the proposed amendment does not require the legislature to adopt the same requirement for election day registration. Requiring people to register in advance is not burdensome as the registration forms are available online and from groups conducting voter registration drives.

A vote FOR the amendment means that the constitution would be amended to allow the legislature to enact a law permitting people to register to vote at a precinct polling place on election day.

A vote AGAINST the amendment means that the constitution would not be amended and people would need to register to vote before election day.

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