Lamone v. Lewin

In this challenge to the 2018 primary election ballot, the Court of Appeals held that the State Board of Elections was required to apply the deadlines set forth in the state election law and follow the directives of the Election Law Article concerning the content of a primary election ballot.Oaks, a state legislator, filed a timely certificate of candidacy for the 2018 primary election. Oaks subsequently pled guilty to two felonies in federal court. Appellees filed this suit against the State Administrator of Elections to have Oaks’ name removed from the ballot. Arguing that Oaks' potential prison sentence would render him disqualified before the general election, Appellees filed a motion for an injunction to compel the State Board to remove Oaks’ name from the ballot. Oaks then gave up his voter registration, and the circuit court issued the requested injunction, an action that was contrary to the Election Law Article. The Court of Appeals vacated the circuit court’s preliminary injunction, holding (1) the State Board was required to apply the deadlines set forth in the state election law and follow the statutory directives in composing the 2018 primary election ballot; and (2) those directives were constitutional as applied to retain Oaks’ name on the primary election ballot. View "Lamone v. Lewin" on Justia Law