## Facts

- Mary Emily Stuart married Samuel H. Austell, Jr. in Virginia and later resided in Howard County, Maryland.
- Before marriage, Stuart and Austell agreed she would retain and use her birth-given surname after marriage.
- Stuart registered to vote in Howard County as “Mary Emily Stuart,” informing the registrar she was married and had consistently used her birth-given surname without fraud.
- The Board of Supervisors of Elections notified Stuart that her “legal surname” became her husband’s upon marriage and required her to file a “Request for Change of Name” under Maryland election law or face cancellation.
- Stuart refused to file the form, and the Board cancelled her voter registration.
- Stuart filed petitions in the Circuit Court for Howard County seeking correction and restoration of her voter registration; the court ruled for the Board.
- Stuart appealed to the Maryland Court of Appeals.

## Issues

1. Whether, under Maryland common law, a married woman’s legal surname automatically becomes her husband’s surname upon marriage.
2. Whether Maryland election law required all married women to register to vote under their husbands’ surnames, or allowed registration under a birth-given surname upon proof of consistent, nonfraudulent use.

## Decision

- The Maryland Court of Appeals reversed the circuit court.
- The court held Maryland recognizes the common-law right of any person to adopt and use a name, absent fraud or contrary statute.
- The court held marriage does not, by operation of law, automatically change a woman’s surname to her husband’s where she clearly intends to continue consistent, nonfraudulent use of her birth-given surname.
- The court construed the election statute as not compelling all married women to register under their husbands’ surnames; it applied only where a woman’s name has in fact been changed by marriage.
- The court ordered that Stuart was entitled to be registered to vote as “Mary Emily Stuart,” and the cancellation was improper.

## Legal Principles

- Absent a statute to the contrary, Maryland common law permits a person to adopt and use any name by which the person becomes known, including for contracting and litigation, so long as it is not used for fraudulent purposes.
- A married woman’s surname does not automatically become her husband’s solely due to marriage; consistent, nonfraudulent post-marriage use of a birth-given surname can preserve that name as her legal surname.
- Maryland election law does not impose a categorical requirement that married women register to vote in their husbands’ surnames; when no change of name has occurred, the registrant may use her birth-given surname upon showing consistent, nonfraudulent use.

## Conclusion

The court held that a married woman who consistently and without fraud uses her birth-given surname after marriage may register to vote under that surname, and election officials may not cancel her registration based solely on a contrary assumption about automatic marital name change.


Stuart v. Bd. of Supervisors of Elections, 266 Md. 440, 295 A.2d 223 (Md. 1972)