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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1911 September Term, 2004

MARYLAND GREEN PARTY, ET AL. v. STATE BOARD OF ELECTIONS, ET AL.

Salmon, Eyler, Deborah S., Moylan, Charles E., Jr. (Ret'd, Specially Assigned), JJ. Opinion by Eyler, Deborah S., J.

Filed: October 7, 2005

In an action for declaratory and injunctive relief, the Circuit Court for Anne Arundel County granted summary judgment in favor of the State Board of Elections ("Board"), and against the Maryland Green Party ("Green Party"), ruling that certain statutes in the Maryland Election Code, Md. Code (2002), sections 1-101, 3504, and 4-102 of the Election Law Article ("EL"),1 and practices by the Board in implementing them were not unconstitutional under state or federal law.2 The Green Party appealed the circuit court's decision to this Court, but the Court of Appeals issued a writ of certiorari on bypass. The Court of Appeals reversed the entry of summary judgment

in favor of the Board, holding that certain of Maryland's election law statutes, and the application of others by the Board, violated the Maryland Constitution and Declaration of Rights. The case was

remanded to the circuit court for entry of a declaratory judgment consistent with the opinion of the Court of Appeals.

1

Previously Md. Code (1957, 1997 Repl. Vol., 2002 Supp.), Art.

33. For ease of discussion, we shall refer to the appellees collectively as the "Board." The Board includes the State Board of Elections, Linda L. Lamone in her official capacity as its State Administrator of Elections, the Anne Arundel County Board of Elections, and Barbara L. Fisher, in her official capacity as its Election Director. We shall refer to the appellants collectively as the "Green Party." The Green Party includes the Maryland Green Party, David M. Gross, the David Gross for Congress Campaign Committee, various officers and members of the Green Party, including Alison Gibbons, Laurie Hauer, and David Isaac Opalinsky, and Maryland voters.
2

Following entry of the new declaratory judgment, the Green Party filed a petition for attorney's fees and costs under the federal Civil Rights Attorney's Fees Award Act of 1976, 42 U.S.C.

Download Green Party v. Board of Elections.pdf

Maryland Law