Summary
The Maryland Court of Appeals considered whether the State Board of Elections properly invalidated signatures on a petition to form a political party and nominate Ralph Nader because the signers were registered in counties different from those listed on the petition sheets. The court held that Maryland Election Law § 6-203(b)(2) was invalid as applied to otherwise eligible Maryland registered voters and that the 542 disputed signatures should not have been rejected. The decision reversed the circuit court’s judgment and remanded for entry of a declaratory judgment invalidating the county-match requirement.
Topics
Practice areas
Questions Presented
- Whether Election Law § 6-203(b)(2) was unconstitutional as applied when it required invalidation of otherwise qualified Maryland voters' signatures solely because they signed a petition sheet designating a county other than the county in which they were registered.
- Whether the State Board's county-by-county verification process improperly disenfranchised qualified voters and burdened the petitioners' rights of political participation and association.
- Whether the availability of a statewide voter-registration database required the State Board to use that resource, or another verification procedure, to verify the challenged signatures.
Holdings
- Election Law § 6-203(b)(2) was invalid as applied to the 542 otherwise qualified, registered Maryland voters whose signatures were rejected solely because they signed petition sheets designating counties other than the counties in which they were registered.
- The State Board improperly invalidated the 542 signatures by relying exclusively on county-level voter lists and failing to use available procedures to verify that the signers were registered Maryland voters in another county.
- The court did not reach the appellants' equal-protection argument concerning the petition-submission deadline.
Key quotations
“Just as an individual is protected under the Constitution from having his or her right to suffrage restricted by burdensome statutes, one who signs a petition in support of a candidate, should not find “his or her right to take part in the nomination process curtailed.”” (at 704)
“Therefore, the disenfranchisement of voters solely based on a “county-match” requirement is inconsistent with Article I of the Maryland Constitution, as well as with Articles 7 and 24 of the Maryland Declaration of Rights.” (at 708)
Factual background
Nader for President 2004 and the Populist Party submitted a petition seeking recognition as a new Maryland political party and nomination of Ralph Nader for President. The State Board rejected 5,631 of the submitted signatures, including 542 signatures from registered Maryland voters who had signed petition sheets designating a county other than the county in which they were registered. The rejection left the petition 537 signatures short of the required 10,000 signatures, preventing certification of the party and placement of Nader's name on the 2004 presidential ballot. Maryland maintained a statewide voter-registration database that could have been used to verify the 542 voters, although some local boards lacked access to the required software.
Procedural history
The Populist Party submitted a petition bearing more than the required 10,000 signatures to form a new political party and nominate Ralph Nader. The State Board invalidated 5,631 signatures, including 542 signatures of Maryland voters who were registered in a county different from the county designated on the petition sheets. The Circuit Court for Anne Arundel County upheld the rejection under Election Law § 6-203(b)(2) and COMAR 33.06.05.01.A. The Court of Appeals issued an order reversing and remanding, then released this opinion explaining that order.
Remand instructions
Reverse the judgment of the Circuit Court for Anne Arundel County and remand with directions to enter a judgment declaring Election Law § 6-203(b)(2) invalid as applied to the challenged signatures.