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No. 134, September Term, 1994 Thomas M. Pelagatti v. Board of Supervisors of Elections for Calvert County et al. [Concerns The Validity Of Absentee Ballots Cast In The 1994 General Election For House Of Delegates Seat 29-C]

IN THE COURT OF APPEALS OF MARYLAND No. 134 September Term, 1994 ________________________________________

THOMAS M. PELAGATTI

v.

BOARD OF SUPERVISORS OF ELECTIONS FOR CALVERT COUNTY et al. _______________________________________ Murphy, C.J., Eldridge Rodowsky Chasanow Karwacki Bell Raker, JJ. ________________________________________ Opinion by Eldridge, J. ________________________________________ Filed:

The dispute in this case is over the validity of absentee ballots cast in the 1994 general election for House of Delegates seat 29-C. affirming This Court issued an order on January 10, 1995, the circuit court's judgment which had upheld the

decision of local election officials to count the challenged ballots. We now set forth the reasons for our order. I. Appellant Pelagatti and appellee O'Donnell were candidates for the 1994 general election for the House of Delegates seat for District 29-C which includes parts of Calvert and St. Mary's Counties.1 The election was held on November 8, 1994, and the next day the Boards of Supervisors of Elections for both counties canvassed the votes. ballots, Pelagatti had Prior to the counting of any absentee received a total of 5,565 votes and

O'Donnell had received 5,539 votes, a difference of 26 votes in Pelagatti's favor.

District 29-C was created under the 1992 Legislative Districting Plan and went into effect with the 1994 primary and general elections. It encompasses the southern portion of Calvert County and two precincts in St. Mary's County. Maryland Code (1984, 1995 Repl. Vol.),

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