Fraternal Order of Police Lodge 35 v. Montgomery CountyAnnotate this Case
In completing their affidavits to an election referendum petition, two affiants provided partially incorrect zip code information. Both circulators' petition pages contained several thousand signatures of registered voters. Despite the incorrect zip codes in the circulator affidavits, the Montgomery County Board of Elections (MCBE) certified that 34,828 of the 48,935 signatures were those of registered voters of Montgomery County, more signatures than were required by law, and certified the bill for placement on the ballot of the November 2012 general election. Seeking to prevent the referendum, Montgomery County filed a complaint against the MCBE, alleging that the MCBE had unlawfully counted the voters' signatures on the circulation petition pages because the zip codes provided by the circulators were erroneous. The circuit court granted Respondents' motion for summary judgment, concluding that the petition pages containing circulators' incorrectly recorded zip codes were invalid. The Supreme Court reversed the circuit court's ruling and upheld the MCBE's decision, holding that minor errors in the circulator affidavit will not invalidate petition signatures that are already certified by the appropriate administrative body.