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| -------------- | A[ssistance]{.smallcaps} C[ommission]{.smallcaps}** |
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June 19, 2008

**[MEMORANDUM]{.underline}**

**TO:** EAC Commissioners

**CC:** Thomas Wilkey, Alice Miller, Juliet Hodgkins, Gavin Gilmour,
Jeannie Layson, Tamar Nedzar, Bryan Whitener

**FROM:** Edgardo Cortés, Acting Director, Election Administration
Support Division

**SUBJECT:** Recommendations Regarding Pending State Requests to Change
the Federal Form State Specific Instructions

There are currently three requests for changes to the state specific
instructions of the National Mail Voter Registration Form (Federal Form)
that have been officially submitted to the EAC (Maryland, Louisiana, and
Michigan). The Chair has requested that I provide additional information
regarding these requests. We are still awaiting additional information
from Louisiana and Michigan in order to provide a recommendation
regarding their requests. These items should be placed on the agenda for
the next public meeting to provide the states additional time to provide
the requested information. This memo details the request from Maryland
and provides a recommendation for action.

Although the Election Administration Support Division (Division) is
providing individual recommendations regarding pending requests, the
Division continues to recommend that an internal policy be established
prior to acting on state requests. A formally adopted policy would
ensure transparent, uniform, and nondiscriminatory decisions on pending
and subsequent requests to update the state-specific instructions of the
Federal Form, while the EAC works to take more formal action. This
position is supported by the EAC General Counsel opinion provided to the
Commissioners in a February 5, 2008 memo.

1.  **Maryland**

    a.  The current state instructions for Maryland have the following
        voter eligibility requirements listed:

        i.  **"9. Signature.** To register in Maryland you must:

> • be a U.S. citizen
>
> • be a Maryland resident
>
> • be at least 18 years old by the next general election
>
> • not be under guardianship for mental disability
>
> • not have been convicted of buying or selling votes
>
> • not have been convicted more than once of a crime of violence
> (Criminal Law, Art. 14-101)
>
> • not have been convicted of an infamous crime \[1\] unless:
>
> \* you have been pardoned,
>
> \* you have completed the court-imposed sentence \[2\] (first
> conviction), or
>
> \* at least 3 years have passed since you completed the court-imposed
> sentence \[2\] (second or later conviction).
>
> \[1\] Infamous crime means any felony or any other crime involving an
> element of deceit, fraud or corruption.
>
> \[2\] The court-imposed sentence includes probation, parole, community
> service, restitutions and fines."

b.  Maryland has requested that the voter eligibility requirements
    information be changed to the following:

    i.  **"9. Signature.** To register in Maryland you must:

> • be a U.S. citizen
>
> • be a Maryland resident
>
> • be at least 18 years old by the next general election
>
> • not be under guardianship for mental disability
>
> • not have been convicted of buying or selling votes
>
> • not have been convicted of a felony, or if you have, you have
> completed serving a court ordered sentence of imprisonment, including
> any term of parole or probation for the conviction."

**Staff Recommendation:** The Constitution grants states the authority
to set their respective voter eligibility requirements. The NVRA
requires that the EAC specify each state's voter eligibility
requirements on the National Voter Registration Form. Therefore, the
Division recommends that the Commissioners approve this change to
Maryland's voter eligibility requirements in the state instructions of
the National Voter Registration Form.