The state and Frederick County election boards are expected to respond today to a lawsuit alleging that noncitizens who are registered to vote could influence the Nov. 4 election.

It is “possible” that noncitizens are voting, said Mary Cramer Wagner, director of voter registration for the Maryland Board of Elections, because no verification system exists.

“There’s no database that I can or local boards can turn to and say, ‘Aha, Mary Cramer Wagner is not a legal citizen,’” she said.

The voters in question in the lawsuit were on Frederick County’s registered voter list; when called for jury duty, they were required to tell the county if they were U.S. citizens.

“They answered no and continued to vote,” said Cathy Kelleher, president of Election Integrity Maryland.

The lawsuit was filed by John Miller and Virginia Grant, of Frederick, and Kathy Troxell and Robert Bogley, of New Market, on Friday in U.S. District Court.

It was served on the attorney general’s office Tuesday, according to online court records.

The four residents state in the lawsuit that a comparison of voter rolls and juror qualification questionnaires show residents who told the courts they were not citizens but were nevertheless registered to vote.

The residents’ lawyer, Daniel M. Gray, declined to comment on the motivation behind filing the suit. 

The state attorney general’s office entered its appearance on behalf of the state and Frederick County boards of election Wednesday afternoon.

Judge Ellen Lipton Hollander filed an order Tuesday afternoon seeking a response from the boards by 10 a.m. Wednesday.

Alan Brody, spokesman for the attorney general’s office, said the government has asked for an extension to file its response today.

Frederick County Board of Elections Director Stuart Harvey declined to comment Wednesday through Frederick lawyer Daniel Loftus.

Hollander has issued two orders in the case, noting the “time-sensitive” claims.

The second order allowed the plaintiffs to refile a document to seek an injunction before Election Day. The group wants the elections boards to remove the names of all noncitizens from the voter rolls before Tuesday. 

According to Kelleher, noncitizen voters have been a persistent issue in Maryland.

“This is a problem that has been whispered in back rooms for years,” she said.

Election Integrity Maryland has not directly contacted any of the voters in question, citing an invasion of privacy.

“It’s up to the state board of elections to investigate,” Kelleher said.

Wagner said she is unsure how the board would verify voters’ citizenship status on its own.

“We don’t have any tool for investigative work,” she said.

Local boards, such as the Frederick County Board of Elections, process registration information, but the boards do not combine voter information and citizen information.

Follow Sylvia Carignan and Danielle E. Gaines on Twitter: @SylviaCarignan and @DanielleEGaines.

(16) comments

Extra Ignored

So much for the billions and billions that are paid to illegal immigrants each year.

Topic 601 - Earned Income Credit

You may qualify for the earned income tax credit (EITC), if you worked last year, but did not earn a lot of money.

EITC is a refundable tax credit meaning you could qualify for a tax refund even if you did not have federal income tax withheld.

To qualify for the credit your adjusted gross income (AGI) must be below a certain amount and you must:
•Have a valid Social Security Number (if you are filing a joint return, your spouse also must have a valid Social Security Number)
•Have earned income from employment or from self-employment
•Have a filing status other than married filing separately
•Be a U.S. citizen or resident alien all year, or a nonresident alien married to a U.S. citizen or resident alien and filing a joint return

Extra Ignored

Juror qualification questionnaires should be confidential and not available to the public so how did these people get access to them.

To register to vote someone has to affirm they are a U.S. citizen under the pains and penalty of perjury. If they've committed perjury then your Republican States Attorney Charlie Smith should prosecute them.

Illegal immigrants do not qualify for tax payer supported Social Security, Medicare, Unemployment, Workmen's Compensation, TCA, Medicaid, food stamps, or Section 8. If they are getting free food, housing, and healthcare it is coming from a private entity.


Tell me again why I should be a citizen? Illegals get to vote, drive, get free housing, free food, free healthcare. Starting to feel stupid for being a citizen and paying my taxes, etc.


I hear this also stated a lot but never see any actual examples. Where is this information coming from and what backs it up.


Why is this a Democrat or a Rebulican issue? All American Cittizens should be upset with "non-cittizens" voting. Why should our vote, be it Democrat/Republican, yes or no, be diluted by a non-cittizen.


First we had the whinging about low voter turnout. Then we had the whinging about about all the people who vote more than once. Now we have the whinging about people voting once.

When all the dust settles, we'll find out that only a few dozen people account for every vote.


If you had to say you're dead to avoid jury duty there are people who'd say they're dead. What will this cost the taxpayer.


Lets see a list of all those double voters, names addresses and affiliations please...


The teapubs can't win on their merits so they have to cheat by bring these frivolous law suits. They say they want government out of our lives yet they want to outlaw a woman's right to choose and make equal pay. 'Nuff said...


If they are illegal and called for jury duty, how can they be called? Does this mean any illegal registering can and will be identified by the MVA? If so, does this negate the reason for Maryland allowing anyone to get a State driving license?

Personally, I feel this is a frivolous law suit. We have no known significant voter fraud. Where it has been identified, on a substantiated basis, it has been found there are both Republican and Democrats guilty.

A simple law requiring new voter registration every five years would remedy most of the problem of having old registrations. The MVA requires new registration every five years, so should the Election Board.




Excellent proposal.


If we are going to do this and the Republicans insist upon it, which is their right, we must look at everyone, not just a few. I will insist upon looking at Ellen Bartlett as not being a resident of Frederick County, as both her and her husband, Roscoe have been reported as retired in West Virginia. `

Ellen states she has only been "vacationing 1/4 to 1/3 of the summer, in West Virginia. That does not match what Roscoe told a reporter, who went down to Circleville, W. V. to interview him. Personally, I feel she is lying.


for the Dems its all about getting the votes and which way they can, they buy them , they look the other way at illegals voting , they "fix the Machines"...voters need to clean house next week with a BIG BROOM!!!

Extra Ignored

Blaine Young is a Republican. He has spent nearly $1 million to run for county executive. If anyone is going to "fix" the machines in Frederick County it will be the Republicans.


Much ado about nothing....

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