In the Matter of William Pughsley, No. 1489, Sept. Term 2023. Opinion by Beachley, J.
Voting rights – disqualification under Election Law § 3-102(b)(2) – adults under
guardianship for mental disability – erroneous legal standard.
Maryland’s voter disqualification statute applies only when an otherwise qualified
individual who “is under guardianship for mental disability and a court . . . has specifically
found by clear and convincing evidence that the individual cannot communicate, with or
without accommodations, a desire to participate in the voting process[.]” Md. Code (2003,
2022 Repl. Vol.), § 3-102(b)(2) of the Election Law Article (“EL”). Here, the circuit court
erred in disqualifying the adult under guardianship from voting, by erroneously engrafting
an additional, impermissible test requiring the prospective voter to demonstrate a “base
level understanding of the political process, of why he’s voting for a particular person[.]”
Voting rights – adults under guardianship for mental disability – accommodations.
Compounding its error in applying the wrong legal standard for disqualification, the circuit
court also improperly denied “accommodations” to assist the prospective voter in
communicating his “desire to participate in the voting process[.]” See EL § 3-102(b)(2).
To the extent the court misunderstood the statute to preclude such assistance, the court
erred as a matter of law. To the extent the court applied the statute in refusing such
assistance, the court abused its discretion in these circumstances.
Supported Decision-Making Act, Estates & Trusts § 18-101 et seq. – adults under
guardianship for mental disability – statutory requirements for valid agreement.
The circuit court also erred by relying on the incorrect disqualification standard to deny a
joint request for a supported decision-making agreement (“SDMA”) permitting
guardians/parents to provide support in registering and voting, Yet the lack of any written
proposal satisfying the specific statutory requirements for SDMAs hindered efforts by
court and counsel to interpret and implement this new statutory tool. On remand for
reconsideration of voting rights, any request for approval of an SDMA, whether limited to
voting rights or extending to other matters, must comply with all statutory criteria and be
approved by the court.