By Kate Sullivan
In what some are calling a scandal of transparency; the Department of Justice’s Civil Rights Division (DOJ) has opened an inquiry into the Maryland State Board of Elections’ (SBOE) compliance with voter registration laws following troubling findings in a recent voter roll audit. Maryland drew scrutiny from the DOJ due to its implausibly high 98% voter registration rate (comparatively, the national average is 69%) prompting an explanation—raising red flags among election integrity advocates, who call this a textbook case of “dirty voter rolls.”
Maintaining accurate voter rolls is not just a matter of administrative housekeeping—it’s a legal obligation under federal law. Inaccurate rolls mean taxpayer money is spent on mailings to outdated or invalid addresses, and worse, it opens the door to potential fraud.
So why is the Maryland SBOE digging in its heels instead of cooperating? Let’s walk through what happened—and why trust in Maryland’s election system may be on the line.
Timeline of Correspondence Between the DOJ and Maryland SBOE
July 14, 2025: DOJ Initiates Inquiry
The Department of Justice formally requested information on Maryland’s voter registration maintenance practices. The letter, made public by SecureTheVoteMD.com, sought the full Voter Registration List (VRL) and documentation of maintenance procedures to ensure Maryland was in compliance with the National Voter Registration Act (NVRA) and the Help America Vote Act (HAVA).
July 30, 2025: SBOE Replies with a Brush-Off
The SBOE’s initial response was brief and dismissive, offering only publicly available voter data and stating they would “get back” to the DOJ. Read the letter here.
August 13, 2025: SBOE Doubles Down
In a second letter, the SBOE shifted tone dramatically. Instead of addressing the audit findings, they launched into a lecture about voter intimidation, questioned the DOJ’s motives, and implied that federal oversight could infringe on voter rights. The letter stopped short of cooperation and stoked public concerns over transparency.
August 18, 2025: DOJ Reasserts Legal Authority
The DOJ replied with a comprehensive legal rebuttal. They cited multiple federal statutes that empower the Attorney General to obtain complete voter registration data and emphasized privacy safeguards. Their tone was clear: the law is on their side. You can read the full text of the DOJ’s response below:
The DOJ emphasized that this request is part of a legal, routine enforcement action and reminded Maryland officials that federal privacy laws already provide strong protections against misuse of voter data.
August 22, 2025: SBOE Still Refuses to Cooperate
In a stunning act of bureaucratic projection, the SBOE responded again by refusing to turn over the complete data. Their justification? They feared the DOJ wouldn’t handle the data appropriately—an ironic stance given the SBOE’s own apparent secrecy on the matter.
Rather than address the core issue—more registered voters than eligible Maryland citizens—the SBOE continued to question the DOJ’s intentions while asserting their own compliance with federal law, albeit without offering transparency to back it up.
Key Concerns from the Election Integrity Community
Two major criticisms are being leveled against Maryland’s SBOE:
- Failure to Notify Its Own Board Members
Astonishingly, there were no plans for the SBOE Director Jared DeMarinis to inform the appointed members of the State Board about the DOJ investigation or the correspondence. The August 28, 2025 Director’s Report did not include any information regarding the DOJ inquiry and correspondence. https://mdsbe.app.box.com/s/ly67mqf875239kr4otek9phuueqzxw3r/file/1965023566971
This silence violates basic expectations of transparency and internal accountability.
- Mistrust of the DOJ’s Role
The SBOE’s repeated justifications rest on the idea that the DOJ cannot be trusted to handle sensitive voter data. Yet the DOJ operates under binding federal statutes that prohibit public disclosure of this information, limiting it to internal use, courts, or Congress.
These responses have done little to allay public fears that the SBOE is unwilling—or unable—to confront a glaring problem in the state’s voter registration system.
Deafening Silence from the Board
In what appears to be an intentional omission, there is no mention of the DOJ investigation in SBOE meeting agendas, minutes, or the director’s notes from recent board meetings. The only mention was during the LIVE feed when Board Member Diane Butler asked about a local news article about the DOJ inquiry. The “Draft” Minutes from August 28, Board Meeting noted Ms. Butler’s inquiry about the DOJ letter.
Translation of the leagaleze and bafflegab of the maryland sboe: You dare question the way we run our fiefdom and produce the election results we desire? We reject the investigation into living or dead, citizen or illegal, and possible felon voters.
A law should have listed consequences for wilful violation of that law. The possibility of five years in prison might bring these state bureaucrats to complying with the federal law.
Please join us at our rally on January 27th 9am Annapolis Lawyer’s Mall. Register here: /citizen-action/