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IN THE COURT OF APPEALS OF MARYLAND
Thursday, August 16, 2012:
(On Thursday, August 16 oral arguments will begin at 2:30 p.m.)
No. 132 Fraternal Order of Police, Lodge 35, et al. v. Montgomery County, Maryland, et al.
Issues - Election Law - 1) Is an error in the address information in the sworn circulator affidavits fatal to petition pages containing that error? 2) Does Tyler v. Secretary of State require a circuit court to invalidate each and every signature on an “imperfect” petition page? 3) Is it constitutional to invalidate petition signatures for “imperfect” information from a circulator? 4) Is a challenge to a Board of Elections decision subject to the rules and tenets of judicial review of an agency decision? 5) Did the circuit court err in finding that Montgomery County, Maryland, lacked standing?
Attorney for Appellants: Francis J. Collins
Attorney for Appellees: Jonathan Shurberg and Karen L. Federman Henry
No. 133 Dennis Whitley III, et al. v. Maryland State Board of Elections, et al.
Issues - Election Law - 1) Does allowing a circulator of a referendum petition to attest to his or her own signature violate the requirement of Md. Const., Art XVI § 4 that each petition must have attached "an affidavit of the person procuring those signatures that the signatures were affixed in his presence;" and/or the requirement of Md. Code Ann., Elec. Law § 6-204(a) that the affidavit be "made and executed by the individual in whose presence all of the signatures on that page were affixed and who observed each of those signatures being affixed"? 2) Does allowing a petition sponsor's computer program to pre-fill the signer's identifying information on the petition form violate the requirement of Md. Code Ann., Elec. Law § 6-203(a) that the individual signer shall "include" that information and/or the requirement of the State Board's regulation, COMAR § 33.06.03.06B(1) that the signer shall "[p]rovide" such information?
Attorney for Appellants: Jonathan Shurberg and Joseph Sandler
Attorney for Appellees: Julia Bernhardt and Paul Orfanedes
On the day of argument, counsel are instructed to register in the Clerk’s Office no later than 2:00 p.m. unless otherwise notified.
After August 16, 2012 the Court will recess until September 6, 2012.
BESSIE M. DECKER