In re: Petition for Emergency Remedy by the Maryland State Board of Elections

Summary

The Court of Appeals of Maryland affirmed the Circuit Court for Montgomery County’s order granting the Maryland State Board of Elections an emergency remedy to permit the early canvassing and tabulation of mail-in ballots for the 2022 Gubernatorial General Election. The court also affirmed the suspension of specified statutory restrictions governing the timing of canvassing, opening ballot envelopes, and releasing unofficial results, and ordered costs against the appellant.

Holdings

1. The Court of Appeals affirmed in all respects the Circuit Court for Montgomery County's Opinion and Order granting the State Board's petition for an emergency remedy and permitting the specified early canvassing, tabulation, and reporting of mail-in ballots for the 2022 Gubernatorial General Election.

Questions Presented

1. Whether the Circuit Court for Montgomery County's emergency order permitting early canvassing and tabulation of mail-in ballots and suspending specified statutory timing restrictions should be affirmed.
2. Whether the circuit court's determination that Election Law § 8-103(b)(1) was not unconstitutional and that the circumstances constituted an emergency should stand.

Disposition

affirmed