Maryland Highest State Court Appears to Provide Relief for Petition Validation Problem

On September 30, the Maryland State Court of Appeals, the state’s highest state court, voted 5-2 to put a referendum on the Montgomery County ballot even though election officials had said it doesn’t have enough valid signatures.  The case is Montgomery County Volunteer Fire-Rescue Association v Montgomery County Board of Elections, no. 86.

In 2008 the same court had ruled that petitions on ballot measures must be an exact match with the name as shown on the voter registration form.  That had meant the invalidation of all signatures if the signer used a middle initial on the voter registration form but not on the petition, or vice versa.  It had meant invalidation if the signer put an abbreviation of a first name in one place but not the other, such as “Wm.” or “Rich” instead of “William” or “Richard.”

The Court did not release an explanation for its decision, but it will do so.  The only conclusion one can draw is that the Court now realizes it erred in its 2008 decision and has changed its mind.  Thanks to Doug McNeil for this news.  The ballot question at stake in the recent case would have asked the voters if they wish to impose fees on people picked up by ambulances.  The county government had imposed such fees, but then people opposed to the fee circulated a petition to require a referendum.


Comments

Maryland Highest State Court Appears to Provide Relief for Petition Validation Problem — 1 Comment

  1. Nebraska Supreme Court overtuned an exact match requirement in 1997. It was a very hostile attempt by the legislature to restrict use of the process.

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