On August 15, 2016, the Maryland State Board of Elections agreed not to enforce a 2015 law that requires independent candidates for all office (in presidential election years) to file a declaration of candidacy by February 3 of the election year. The state agreed not to enforce the law after an independent candidate for Baltimore city council, Dan Sparaco, filed a lawsuit against the law. The case is Sparaco v Lamone, 1:16cv-1579.

The constitutionality of the 2015 requirement was first questioned by Lynn Kahn, an independent presidential candidate. She had not known of the requirement that she file a declaration of candidacy in February. When she did file the form, some months later, she was told she was late. She asked the Board to consider the constitutional question, and after a few weeks, the Board notified her it would not enforce the law, at least as to independent presidential candidates. And, with the settlement of the Sparaco lawsuit, the Board has said it won’t enforce it for independent candidates for any office, and is expected to ask the 2017 legislature to repeal it.