Maryland elections officials face the potential of a federal investigation and a separate federal lawsuit led by local, state, and national Republicans over allegations of improperly maintained voter rolls.
In two letters sent four days apart, the Justice Department鈥檚 Civil Rights Division and lawyers representing the state and national Republican Party and two party officials in Maryland raised concerns about efforts to purge duplicate and ineligible voters 鈥� including those who are deceased, incarcerated or undocumented immigrants. Both letters, obtained by Maryland Matters, cite federal election law and a 2023 state audit that raised questions about the accuracy of state voter rolls.
State Elections Administrator Jared DeMarinis acknowledged his agency received both letters in the last week.
鈥淲e鈥檙e reviewing the DOJ letter,鈥� DeMarinis said in an interview. 鈥淲e are acknowledging that 鈥� like the general public 鈥� information is available under the public information act, and we will respond accordingly.鈥�
The July 14 Justice Department letter requested voter registration data from November 2022 to November 2024. Federal attorneys also asked the state to provide 鈥渢he number of voters identified as ineligible to vote鈥� during that period because they were a 鈥渘on-citizen 鈥� adjudicated incompetent鈥� or had a felony conviction.
Federal attorneys set a 14-day deadline for state officials to provide the information.
A Justice Department spokesperson, in an email, declined to comment.
The letter comes as a growing number of election boards around the nation are facing scrutiny from a federal government led by a chief executive who has widely claimed he was the victim of extensive voter fraud.
鈥淚t heightens concerns about federalism and the roles between federal and state governments involved in election administration,鈥� DeMarinis said.
Separate federal lawsuit threatened
In a separate but parallel letter, attorneys representing a group of local, state, and national Republicans alleged 鈥渋mplausibly high鈥� voter registration percentages, both statewide and in some individual counties. The letter was sent to state and local elections officials four days after the Justice Department request.
In a 12-page notice of intent letter, attorneys with the firm Consovoy McCarthy said they represent the Republican National Committee and the Maryland Republican Party.
鈥淢aryland is failing to maintain accurate and up-to-date voter rolls, in clear violation of federal law,鈥� Republican National Committee Chair Michael Whatley said in a statement. 鈥淐itizens deserve to know their vote isn鈥檛 being canceled out by duplicate or ineligible voters. We鈥檙e demanding action because clean voter rolls are essential to protecting free and fair elections in Maryland and across the country.鈥�
The statement also referenced a 2023 report from the Office of Legislative Audits that raised questions about how the state maintains its voter rolls. That report raised concerns that聽聽remain on state voter rolls. State elections officials said聽.
Maryland was sued last year by two organizations claiming widespread problems with the state鈥檚 voter registration system, but a U.S. District Court judge in Baltimore dismissed the case for lack of standing by the groups bringing the suit. citing the groups鈥� lack of standing to file a lawsuit. The 4th U.S. Circuit Court of Appeals聽聽in February.
A聽 Maryland Republican Party spokesperson referred all questions about the letter to Nicolee Ambrose, a Republican National Committeewoman and 2022 Republican congressional candidate who is also represented by the law firm, according to the letter. Ambrose did not respond to a request for comment, but she did comment about the letter in a social media post.
鈥淭he Maryland State Board of Elections has run out of excuses for violating federal law,鈥� she wrote on Facebook. 鈥淚t is imperative they do their job and clean up Maryland鈥檚 egregiously out-of-date and inflated voter rolls.鈥�
The firm also said it represents Reardon Sullivan, whom it described as chair of 鈥淐ommittee to Control MoCo Spending,鈥� a ballot issue committee. He is also a former chair of the Montgomery County Republican Central Committee.
Sullivan, in an email, said 鈥渆nsuring updated and accurate voter rolls is a non-partisan issue that affects every Maryland voter.鈥� Issues with inaccurate voter rolls 鈥渄irectly (affects) our committee鈥檚 efforts to collect valid signatures for our ballot petition,鈥� he wrote.
Data cited in the GOP letter alleges there are more voters than adults who are eligible to vote in Maryland, which Sullivan said 鈥渋s obviously impossible鈥�. Maryland must take this issue seriously and remove the names of ineligible voters from the official lists prior to the 2026 election.鈥�
Allegations in the letter include state elections officials failing to maintain accurate voter registration rolls and counties with 鈥渋mplausibly high鈥� voter registration rates. It said its analysis of state records identified two counties 鈥� Howard and Montgomery 鈥� as having 鈥渕ore active registered voters than eligible adult citizens鈥� between 2019 and 2023.
Both Republicans on the five-member state board of elections have ties to those counties: Diane Butler is a former member of the Howard County Board of Elections and聽Jim Shalleck, vice chair of the panel, served six years as president of the Montgomery County Board of Elections.
The law firm鈥檚 analysis compared state voter registration totals and annual Census data estimates.
鈥淭his evidence shows that your office and officials in these counties are not conducting appropriate list maintenance to ensure that the voter registration roll is accurate and current, as required by federal law,鈥� the firm wrote in its letter.
Virginia-based Consovoy McCarthy is known for its conservative pedigree, representing President Donald Trump in cases before the U.S. Supreme Court and arguing the case that ended the practice of race-based college admissions. Two of its attorneys clerked for Supreme Court Justice Clarence Thomas.
The firm said its clients 鈥渨ill bring a lawsuit鈥� against the state and local boards 鈥渋f you fail to take specific actions to correct these violations鈥� within 90 days.
鈥淲e鈥檝e received it, and it is under review,鈥� DeMarinis said when asked about the Consovoy McCarthy letter.
David Naimon, president of the Montgomery County Board of Elections, said the local agency is reviewing the letter and declined further comment.
Officials in Howard County did not respond to a request for comment.
Sowing 鈥渄oubt鈥� and 鈥渃onspiracy theories鈥�
Maryland is one of a聽聽where election officials have received letters from the Justice Department.
Some see the effort as a weaponization of federal law enforcement for political reasons.
鈥淭hey鈥檙e just trying to come into a state that is currently dominated by Democratic leaders and sow doubt and imply there鈥檚 a problem where none exists,鈥� said Senate Education, Energy and the Environment Committee Vice Chair Sen. Cheryl C. Kagan (D-Montgomery), who devotes much of her legislative policy focus to elections law.
鈥淒on鈥檛 forget that next year is an election year in Maryland,鈥� she said. 鈥淪o, if Republicans, whether they are in the administration or in the political party, are looking to plant conspiracy theories or doubt, this is the right time to do it.鈥�
Federal laws restrict the federal government鈥檚 ability to centralize information on Americans, said David Becker, executive director of the nonpartisan Center for Election Innovation & Research. Even if states provide voter registration information to the public, they often redact sensitive information.
In Orange County, California, the DOJ sued local election officials in June, seeking unredacted voter registration information, such as Social Security numbers and driver鈥檚 licenses, as part of an investigation into noncitizen voting.
More than 350 election officials from some 33 states participated in a conference call about federal actions Monday hosted by Becker, who was previously an attorney in the DOJ Voting Rights Section during the Clinton and George W. Bush administrations. He said the interest in the call shows the level of uncertainty and anxiety over the current 鈥渇ederal imposition鈥� on election administrators.
鈥淭he DOJ seems dead set on acquiring personal information on voters, including driver鈥檚 license numbers, Social Security numbers and dates of birth 鈥� records that are highly protected under federal law and under state law and which state election officials are sworn to protect,鈥澛�.
Maryland joins growing list of states
At least nine states have received requests for information over the past three months, according to letters from the DOJ obtained by Stateline. Some states also received emails from a DOJ official last week asking for meetings to discuss information-sharing agreements.
When asked if Maryland had received any other letter or demands from the Department of Justice, DeMarinis said: 鈥淣o.鈥�
DeMarinis said the most recent letters will have little effect on how state elections are administered in the state.
鈥淢y charge and my mission is to make sure Maryland鈥檚 elections are safe, secure and transparent,鈥� DeMarinis said. 鈥淚鈥檓 not going to be deterred from that mission.鈥�
The department鈥檚 focus on elections comes after President Donald Trump directed Attorney General Pam Bondi in March to seek information about suspected election crimes from state election officials and empowered her to withhold grants and other funds from uncooperative states.
For years, Trump advanced false claims about elections, including the idea that the 2020 election that he lost was stolen. Now back in power, his administration is taking a new level of interest in how states 鈥� and even local authorities 鈥� administer elections.
In March, Trump issued an executive order attempting to impose several election policies, including proof of citizenship requirements, reviews of state voter registration lists and requiring all mail in ballots be received by Election Day. That executive order is the subject of an ongoing court challenge.
Stateline reporter Jonathan Shorman contributed to this report.
