Justia Election Law Opinion Summaries

Appellants Benedict J. Frederick, III, Matthew W. Wyskiel, III, and Stacie Teal-Locust challenged the Baltimore City Board of Elections' decision to reject a proposed charter amendment petition sponsored by Renew Baltimore. The proposed amendment sought to cap Baltimore City's real property tax rate, decreasing it incrementally over seven years. The current tax rate is $2.248 per $100 of assessed value, and the amendment aimed to reduce it to $1.20 per $100 by fiscal year 2032.The Election Director for the City Board approved the petition format but did not assess its legality. Renew Baltimore submitted the petition with 23,542 signatures, exceeding the required 10,000. However, the Election Director later deemed the amendment deficient, citing a conflict with section 6-302(a) of the Tax-Property Article, which grants the Mayor and City Council the authority to set property tax rates. The Circuit Court for Baltimore City upheld this decision, ruling that the amendment was not proper charter material and violated section 6-302(a).The Supreme Court of Maryland reviewed the case and affirmed the Circuit Court's decision. The Court held that the proposed charter amendment was impermissible because it violated section 6-302(a) of the Tax-Property Article by allowing citizens to establish the tax rate, which is a power vested in the Mayor and City Council. Additionally, the Court noted that section 49 of Article II of the Baltimore City Charter prohibits voters from initiating legislation related to property taxation. Therefore, the proposed amendment could not be presented on the November 2024 general election ballot. View "Frederick v. Balt. City Bd. of Elections" on Justia Law

A group of Baltimore City registered voters, led by Anthony J. Ambridge, filed a petition seeking judicial review of a proposed amendment to the Baltimore City Charter, known as "Question F," which was to appear on the 2024 general election ballot. The petitioners argued that the proposed charter amendment was not proper "charter material" and that the ballot language was not understandable. The Maryland State Board of Elections opposed the petition, arguing that the claims were barred by laches and that the judicial review mechanism used by the petitioners was inappropriate.The Circuit Court for Anne Arundel County ruled in favor of the petitioners, determining that the claims were not barred by laches and could be raised under the judicial review mechanism. The court found that Question F violated Article XI-A of the Maryland Constitution as it was not proper charter material and that the ballot language was not easily understandable by voters. The court ordered that the results of Question F should not be certified.The Supreme Court of Maryland reviewed the case and held that EL § 9-209(a) is not a proper mechanism to challenge whether a proposed charter amendment is proper charter material or whether the ballot language meets the standards for understandability. The Court also held that the petitioners' claims were barred by laches due to the unreasonable delay in filing the petition, which caused prejudice to the State Board, the City, and the electorate. The Court further concluded that the ballot language conveyed, with minimum reasonable clarity, the actual scope and effect of the measure, allowing voters to make an informed choice. The Supreme Court of Maryland reversed the circuit court's order and remanded the case for entry of judgment in favor of the appellants. View "State Bd. of Elections v. Ambridge" on Justia Law

A group of citizens in the Town of Bel Air, Maryland, submitted a document to the town's Board of Commissioners, purporting to be a petition for a referendum on a comprehensive rezoning ordinance. The document, however, did not meet the requirements of the town's charter for such a petition. The Board of Commissioners determined that the document was invalid and did not send it to the Board of Election Judges for verification of signatures. The citizens filed a complaint in the Circuit Court for Harford County, seeking a declaratory judgment that the Board of Commissioners' determination was invalid and an order directing the town to verify the signatures on the document. The circuit court ruled in favor of the citizens, declaring the Board of Commissioners' determination invalid and ordering the town to verify the signatures.The Supreme Court of Maryland reversed the circuit court's decision. The court held that the Board of Commissioners correctly determined that the document did not meet the requirements of the town's charter to be considered a valid petition for a referendum. The court also held that the Board of Commissioners was not required to send the document to the Board of Election Judges for verification of signatures before making this determination. The court remanded the case to the circuit court with instructions to enter a declaratory judgment consistent with its opinion. View "Town of Bel Air v. Bodt" on Justia Law

The Supreme Court held that Jacob Bennett was not barred from serving on the Harford County Council because of his employment as a schoolteacher by the Harford County Board of Education, thus reversing the contrary order and declaratory judgment of the circuit court.After Bennett was elected to the Council in the November 2022 general election a dispute arose between Bennett and Harford County concerning whether he was precluded from serving simultaneously as a member of the Council and as an employee of the Board by either section 207 of the Harford County Charter or the common law doctrine of incompatible positions. The circuit court ruled in favor of the County on the basis that the Board should be treated as a County for purposes of Charter 207. The Supreme Court reversed, holding that neither Charter 207 nor the doctrine of incompatible positions barred Bennett from simultaneously serving as a member of the Council and an employee of the Board. View "Bennett v. Harford County" on Justia Law