Vote Early, Not Often

Maryland should have an early-voting law, but a fair one.

DURING THE past year, a nasty little battle has raged in Annapolis over Maryland law on early voting. This spring, Democrats used their upper hand in the General Assembly to write legislation that unfairly favored their party and to exclude Republicans from the conference committee considering the measure. Gov. Robert L. Ehrlich Jr. (R) vetoed the bill; the Democrats overrode his veto. Now a judge has accepted a Republican-backed court challenge to the constitutionality of early voting, turning the tide.

It is an unfortunate fate for what should have been -- and still could be -- a fair measure that increases voter turnout.

Maryland's early-voting procedure, scheduled to take effect for the coming September primaries, would open selected polling stations a week early. It would also allow eligible Maryland residents to cast ballots at those polling places even if the polling stations aren't in voters' assigned precincts. Democrats insist that this merely gives voters more opportunity to cast ballots. Republican opponents point to the way the General Assembly passed the law and accuse Democrats of trying to manipulate state elections -- many of the polling places that would open early happen to be in Democratic-leaning areas.

Anne Arundel County Circuit Court Judge Ronald A. Silkworth weighed in last week, ruling that the General Assembly does not have the authority under the Maryland constitution to alter the date votes are cast in the state. He also ruled that voters must cast ballots at their local polling places.

Giving all Maryland voters four more days to cast a ballot could help day laborers, doctors on call and others whose professional obligations might preclude them from exercising their franchise on a specific day. It also would dilute the effectiveness of perennial excuses for voter laziness -- such as the classic "I forgot today was Election Day."

Republicans may fear higher voter turnout in firmly blue Maryland, but that's no justification for opposing the measure. There is concern that early voting might foster voter fraud, but as long as state election officials have their new electronic voting machines operating properly by the time polls open, ballot-box stuffing should not be a problem.

Should the law survive on appeal, the General Assembly in its next session can, and should, amend it to keep all of the state's polling places open for the full five days. If Judge Silkworth's ruling stands, on the other hand, then the legislature might contemplate making slight changes to the Maryland constitution to allow early voting. After all, the document already makes specific provision for absentee voting, and voting early at polling places is a kind of expansion on the right to vote early by mail.