CUMBERLAND — An Allegany County woman is fighting to retain her right to vote.

Cumberland attorney Rebecca Freeland is representing the woman, whom Freeland said did not wish to be identified. The Allegany County Board of Elections was notified of the woman’s criminal conviction and the board sent a letter of intent to suspend her voting privileges.

“Upon receipt of the letter, the individual questioned our ability to remove” her voting rights, said Kitty Davis, board of elections administrator. “Her attorney contacted us. She notified us that her conviction had been set aside. We had not received notification of that.”

Davis said board attorney Armand Pannone will verify that the conviction was set aside. If that’s the case, “no action will be taken,” Davis said after Wednesday’s monthly public meeting of the county board of elections.

Pannone said a letter from Freeland indicated the conviction, which she reiterated has been set aside, was not for a felony charge.

Maryland is one of 35 states that bans the right to vote, in one form or another, for criminal convictions. According to the National Conference of State Legislatures Web site, for a first-time offender in Maryland convicted of theft or an infamous crime, other than buying or selling votes, the right to vote is automatically restored upon completion of a sentence, including any probation or parole.

If an individual is convicted of two or more such crimes, that person is not eligible to vote unless and until a pardon is obtained. Finally, if an individual is convicted of buying or selling votes, a person is permanently prohibited from voting in Maryland.

Davis called the situation “a rare occurrence” in Allegany County. Typically, people convicted of a crime already have been told their voting privileges would be suspended so they might not be surprised to receive a letter of intent in the mail. Davis said it’s in extenuating circumstances such as this that attorney-to-attorney communication is appropriate.

Those who receive such letters from the county elections office are told to contact a lawyer.

“We always refer them to their attorney,” Davis said. “We never make a decision on the office side.”

The county board of elections can make a decision that can be appealed to a higher authority, Davis said.

Pannone said he is waiting for correspondence from Freeland that will verify the conviction was set aside. Freeland declined to comment for this article at the wishes of her client.

Also on Wednesday:

• Pannone said a letter will be sent to the Maryland Office of the Attorney General seeking an advisory opinion on whether all four seats on the Allegany County Board of Education will appear on the ballot. The terms of all five board positions are meant to be staggered, but the passing of members Fred Sloan and Jane Dawson has caused an unusual situation.

If all four seats appear on the ballot, it’s likely that at least one of those positions would be for only a two-year term as opposed to the normal four-year term.

Contact Kevin Spradlin at kspradlin@times-news.com.