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Case No. 18 -C-04-00021 8 IJ Circuit Co urt for St. M ary's County IN THE COURT OF APPEALS OF MARYLAND No. 140 September Term, 2003

MICHAEL B. SUESSMANN et al. v. LINDA H. LAMONE et al.

Bell, C.J. Raker Wilner Cathell Harrell Greene Eldridge, Jo hn C. (retired , specially assigned), JJ.

Opinio n by Rak er, J. Cathell and Harrell, JJ., Concur Bell, C.J. and Eldridge, J., Dissent

Filed:

November 17, 2004

This is an action se eking dec laratory and inju nctive relief f rom the alleg edly unconstitu tional exclusion of unaffiliated voters from the Democratic and Republican Parties' primary elections for circuit court judicial candidates. Appellants seek to enjoin certification of the results of the primary election for judicial offices held on March 2, 2004 and an order directing the St. Mary's and Ann e Arund el County B oards of E lections to conduct new primary elections for judicial offices in which all registered voters in the respective counties may participate. In addition, appellants seek an injunction barring the State Board of Elec tions from prohibiting un affiliated voters from participating in f uture primary election s for jud icial can didates . This Court issued a per curiam Order on the 2nd day of April, 2004 that (1) aff irmed the denial by the Circuit C ourt for St. Mary's County of the appellants' request for a preliminary injunction and the invalidation of the March 2, 2004 primary elections and (2) reserved judgment on the issue of the declarato ry judgment u ntil an opinion later to be filed. 380 Md. 232, 84 4 A.2d 428 (2 004). We now give the reasons for ou r Orde r and ad dress th e reserv ed issue s.

I. The case involves a constitutional challenge to Maryland's procedure for electing circuit court judges. Under Marylan d electio n law, a candidate f or a circuit co urt judgesh ip may attain a spot on the general election ballot by winning the primary election of a "principal political p arty," i.e , either the Democratic or Republican Party. The two principal

political parties in M aryland do no t currently perm it unaffiliated or nonpa rty members to vote in their primary elections, including elections for judicial candidates.1 Appellan ts are two reg istered voters of St. Mary's and Anne Arundel Counties, resp ectiv ely, and are not affiliated with either of the principal political parties. Appellant Michael B. Suessmann is an unaffiliated registered voter in S t. Mary's Coun ty. Appellant Gregory Care is an unaff iliated registered voter in Anne A rundel Co unty. They wish to vote in the parties' primary elections, which nominate candidates for circuit court judgeships. Appellan ts seek declaratory and injunctive relief against the State Administrator of Elections and the individual members of the State Board of Elections, the Anne Arundel County Board of Elections, and the St. Mary's County Board of Elections (collectively "the State"). Appellan ts allege that their rights under the Fourteenth Amendment to the United States Constitution and the M aryland Dec laration of R ights have b een violated because S tate election law permits the exclusion of u naffiliated voters like themselves from participating in judici al prima ry election s, whic h have been d esigna ted by the State as "nonp artisan." The five contested ju dicial primary ele ctions this year (in Anne Arundel, Baltimore, Frederick, Harford, and St. Mary's Counties) were held on March 2, 2004. Appellant Suessmann filed his initial com plaint on Fe bruary 23, 20 04 in the C ircuit Court f or St. Mary's County. He added, in the first amended complaint, Appellant Care on March 2, 2004.

Except where the context indicates otherwise, reference in this opinion to that which is "judicial," e.g., judicial candidates or judicial elections, will almost always denote the Maryland circuit courts. 2

1

The complaint was filed as a putative class action. Pursuant to Maryland Code (2003, 2003 Cum. Supp.)

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Maryland Law