Montgomery County Volunteer Fire-Rescue Association and Eric N. Bernard v. Montgomery County Board of Elections and Montgomery County, Maryland

Summary

The Maryland Court of Appeals held that an otherwise statutorily sufficient referendum petition entry may be validated even when the signer’s signature is illegible, provided the cumulative information on the petition identifies the signer and satisfies the applicable statutory requirements. The court reversed the Circuit Court for Montgomery County and directed that a referendum on Montgomery County Council Bill No. 13-10 be placed on the November 2, 2010 ballot.

Holdings

1. An illegible signature, standing alone, does not preclude validation of a referendum-petition entry. The election authority must consider the cumulative information on the petition, including the signature, printed or typed name, address, date, and other required information, to determine the identity of the signer and compliance with Md. Code, Election Law § 6-203.
2. The County Board's requirement that the signature and printed name match exactly imposed an additional legibility or penmanship requirement not contained in § 6-203 and was therefore legally erroneous.

Questions Presented

1. Whether a referendum-petition signature is valid under Md. Code, Election Law § 6-203(a) when the signer provides the required printed information consistent with the statewide voter-registration list, executes the signer's ordinary signature, whether legible or illegible, and the circulator attests that the signer signed in the circulator's presence.
2. Whether an illegible signature, standing alone, requires an election authority to invalidate a referendum-petition entry when the other information on the entry cumulatively identifies the signer and satisfies § 6-203.

Disposition

reversed_and_remanded