Maryland's official website for
voter registration, voting, and
access to election-related data.
State Board of Elections:
  * Robert L. Walker, Chairman    * Bobbie S. Mack, Vice Chairman    * Andrew V. Jezic    * David J. McManus, Jr.    * Charles E. Thomann   

State Administrator of Elections:  * Linda H. Lamone
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Petition Signature Gathering
  • Must petition circulator be a registered voter of Maryland?
    No

  • Must petition circulator be a resident of Maryland?
    No

  • Must petition circulator be 18 years of age?
    Yes - Election Law Article, Section 6-204(c)

  • May a petition circulator act as a voter registration volunteer?
    Yes - provided that person is authorized and has received proper training.

  • Can a person complete a voter registration application (VRA) and sign the petition at that time?
    No - the filling out of a VRA form does not itself register the voter and does not authorize the voter to sign the petition. The person is not yet a registered voter and may not sign the petition until the person receives the voter notification card in the mail.

  • How should a registered voter who has moved within a jurisdiction, but has not yet changed his registration, sign a petition?
    Anyone signing a petition should specify his/her current address and notify the local election office of any changes.

  • Can a person under 18 sign a petition?
    No - An individual must be a registered voter to sign a petition and you must be 18 to register to vote in Maryland.

  • Is a person allowed to sign the same petition more than once?
    No - An individual may not sign the same petition more than once. Election Law Article, Section 6-203(b)(3)

  • May signatures be in pencil?
    The signature would not be invalidated unless the name and address becomes smudged and illegible - it is not a recommended practice.

  • Can the circulator be a petition signer of the petition that he/she is circulating?
    Yes - provided he/she is otherwise eligible to sign.

  • Can an organization pay a consultant to administer and oversee the petition process?
    Yes.

  • Can an organization pay people to collect petition signatures?
    Yes - per U.S. District Court decision - Ficker vs. Montgomery County, but no one may receive any money or other thing of value in return for signing the petition. Article, Section 16-401(a)(2)

  • Can new party petitions and nominating petitions (for its new party candidates) be circulated simultaneously?
    Yes

  • Is a petition circulator limited in the number of different petitions he circulates?
    No - provided that person is qualified to circulate each.

  • Must the oath of affiant (circulator) be notarized?
    No - provided the oath is signed under penalty of perjury.

  • Is there a time frame in which the signatures must be collected?

    • New Party - must be affixed within 2 years before the date of last signature. Election Law Article, Section 4-102(b)(2)(ii)
    • Statewide Referendum and Public Local Law Referendum - after the Act is passed. Maryland Constitution Article XVI, Section 3
    • Charter Amendment - no provisions in Election Law Article - refer to local Charter to identify applicable restrictions
    • Charter Board Adoption Request - within 6 months of filing. Election Law Article, Section 7-105(a)

  • Must signatures be collected under any geographical requirements?

    • New Party - No
    • Statewide Referendum - not more than half of the signatures can come from residents of Baltimore City or of any one county (Maryland Constitution, Article XVI, Section 3)
    • Nominating - registered voters who are eligible to vote for the office sought (Article, Section 5-703(e)

    Note: Each petition page must be for a single county or Baltimore City.

  • Must petition signatures for a candidate be gathered from the district from which the candidate is seeking election?
    Yes - the petition must be signed by not less than 1% of the total number of registered voters who are eligible to vote for the office - Election Law Article, Section 5-703(e)

  • Can a spouse sign a petition for his/her spouse?
    No (See July 15, 1996, Attorney General Letter of Advice)

  • May a person who signs a petition vote in the primary election?
    Yes, provided they are eligible to do so.

  • Must signers of New Party Petitions be registered with that New Party?
    No

  • Can copies of petitions be filed instead of originals?
    No

  • Can a petition be posted on a web site?
    Yes, and signatures on the downloaded signature page will be valid as long as the page is in the proper format and contains all required information.

    1. How does the petition sponsor ensure that the format of the signature page will be proper?
      The sponsor can assure proper format by posting a signature page on the web site in a locked Adobe Portable Document Format (PDF). If PDF is used, the format cannot be altered.
    2. Can someone that downloads the signature page sign the petition as both signer and circulator/affiant?
      / Yes, provided that the person is eligible to be a circulator (18 years of age).
    3. How does the sponsor fulfill the legal mandates that the signature page "contain" the full text or an approved summary of the proposal, and that if it contains a summary, the full text be available from the circulator? (ballot question petitions)
      The sponsor can post on the website in locked PDF the text or summary to be contained as part of the signature page. (If this is a summary, the sponsor must ensure that the full text is immediately available to all signers, on the website itself or through any circulator who downloads and circulates the signature page). Additionally, there must be instructions on the web site to inform people that they should print both the signature page and the text or summary and then staple them or copy them onto two sides of a single paper, and that they should sign and send in their signatures only if they meet the qualifications for signing.
      Cautionary note: It may be argued in court that a signature page to which the text or summary has been stapled does not "contain" the text or summary, as required by law. In addition, stapling involves the risk that the text or summary will be detached from the signatures during the circulation process. If the signature page is submitted to the proper authority without any text or summary, all signatures on the page are invalid.

  • Can a petition be printed in a newspaper or other publication?
    Yes, provided the form for signature pages meets format standards and contains all necessary information, and as long as proper instructions for completing the form are included.
    For ballot question petitions it is particularly important that requirements for the contents of the signature page be adhered to, either by printing the full text or approved summary of the proposal on the reverse of the signature page in the publication or by instructing signers to staple together the signature page and the text or summary or to copy them onto two sides of a single paper. (See cautionary note in # 23 above)

  • Can signature page forms be included in a mass mailing solicitation for signatures?
    Yes, provided the form for signature pages meets format standards and contains all necessary information, and as long as proper instructions for completing the form are included.

  • Can petition instructions and information be stapled to the signature pages?
    It can but because the information and instruction may be detached from the signature sheet there is a risk that the validity of the petition could be challenged in court.

  • What is the proper format for a petition?
    Election Law Article, Section 6-103, of the Annotated Code of Maryland states that the State Board of Elections prescribes the form and content of petitions, and the State Board makes available on its website and at election offices standard forms for the various types of petitions. Election Law Article, Section 6-202, states that the format of the petition prepared by a sponsor may be submitted to the chief election official of the appropriate election authority, in advance of filing the petition, for a determination of its sufficiency, and Section 6-206 (d) prohibits a later administrative determination regarding format that is inconsistent with the advance determination.
    Cautionary note: An advance determination relates to format only, and approval of the format of a referendum petition does not constitute a binding determination that the bill is subject to referendum. If there is any doubt, sponsors should obtain legal advice on whether the bill is subject to referendum. An advance determination is not binding on a court if any issue regarding the format of the petition is raised in litigation.

  • Can ditto marks be used when completing petition information?
    Circulators should be instructed not to allow those who sign petitions to use ditto marks. However, if someone does use ditto marks, and there is no reason to suspect that the use of the marks does not reflect correct facts (e.g., if there is every reason to believe that Person #2 does in fact live at the same address as Person #1), the signature should be counted.

  • Can a petition sponsor pre-print signature pages with voters' names and addresses, so that if a voter agrees to sign the petition, the voters need only fill in his or her signature, date of birth, and date of signing?
    No

  • Can the form for signature pages be duplicated onto different color paper (e.g. coded by color for different counties)?
    Yes, but a sponsor should use light or pastel colors to ensure the ability to duplicate the pages

  • Where should candidate nomination petitions be filed?
    Where a certificate of candidacy for the same office would be filed - see Election Law Article, Section 5-302.

** Local Referendum: County Charter or local laws may provide for specific procedures.