Ademiluyi v. State Board of ElectionsAnnotate this Case
In this election contest, the circuit court properly granted Defendants’ motion to dismiss on the grounds that Appellant's petition was untimely filed under Md. Code Ann., Elec. Law (EL) 12-202(b) and barred by the doctrine of laches.
More than six months after the 2016 general election, Appellant filed a petition seeking to have the candidacy of the successful candidate for the position of judge of the Circuit Court for Prince George’s County decertified. Appellants filed a motion to dismiss, arguing that the election claims were untimely under EL 12-202(b) and barred by the doctrine of laches. The circuit court granted the motion to dismiss. The Court of Appeals affirmed, holding (1) the petition was untimely filed under EL 12-202(b) because Appellant did not file the petition until more than six months after the election and more than one year after Appellant became aware of the facts that served as the basis for the election claims and several months after the election results were certified; and (2) independent of the statutory limitations period set forth in EL 12-202(b), the petition was barred by the doctrine of laches because Appellant unreasonably delayed in asserting her rights, and that delay prejudiced Appellees.