In re Petition for Emergency Remedy of Bd. of Elections
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The Supreme Court affirmed the judgment of the circuit court holding that Md. Code Ann., Elec. Law 8-103(b)(1) is constitutional, determining that the State Board of Elections had proven the existence of emergency circumstances, and permitting the State Board to begin canvassing absentee ballots on Oct. 1, 2022, holding that there was no error.
In connection with the November 8, 2022 general election the State Board petitioned the circuit court to authorize local boards of election to begin canvassing absentee ballots on October, 2022, seeking the authority under section 8-103(b)(1). The State Board alleged that emergency circumstances existed that interfered with the electoral process because the State's combined experience with absentee ballots and elections led to the conclusion that the volume of absentee ballots it was likely to receive during the 2022 general election could not be processed in a timely manner if local board could not start canvassing the ballots until after the election. Daniel Cox intervened and opposed the petition, arguing that section 8-103(b)(1) violates separation of powers principles and that the forecasted problems did not constitute "emergency circumstances." The circuit could granted judgment for the State Board. The Supreme Court affirmed, holding that the Cox was not entitled to relief on his assignments of error.
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