Lamone v. Lewin, 85, September Term, 2017
| Decision Date | 31 July 2018 |
| Docket Number | No. 85, September Term, 2017,85, September Term, 2017 |
| Citation | 460 Md. 450,190 A.3d 376 |
| Parties | Linda H. LAMONE v. Nancy LEWIN, et al. |
| Court | Court of Special Appeals of Maryland |
Argued by Andrea W. Trento, Asst. Gen. (Brian E. Frosh, Atty. Gen. of Maryland, Julia Doyle Bernhardt, Asst. Atty. Gen. Baltimore, MD), on brief for Appellant.
Argued by H. Mark Stichel (Elizabeth A. Harlan, Astrachan Gunst Thomas, P.C. Baltimore, MD), on brief for Appellees.
Argued Before: Barbera, C.J., Greene, Adkins, McDonald, Watts, Hotten, Getty, JJ.
McDonald, J.Under Maryland law, the State Board of Elections ("State Board") and the local election boards have the often formidable task of conducting elections fairly, efficiently, and even-handedly. To that end, the General Assembly has directed the State Board "to ensure compliance with the requirements of [the Election Law Article]" and any federal law relating to the election process.1 This case raises the question whether the State Board has discretion to deviate from the directives of the Election Law Article concerning the content of a primary election ballot and whether its adherence to those directives violated the State and federal constitutions.
Nathaniel Oaks, a longtime State legislator, filed a timely certificate of candidacy for the 2018 primary election for the State Senate seat that he held and for a position on his party's central committee. Before the primary, but after the deadlines for withdrawal of his candidacy and removal of his name from the ballot, he pled guilty to two felonies in federal court. The guilty plea itself did not disqualify him from holding office, but service of a prison sentence for those offenses would. After the State Board included his name on the certified primary election ballot in accordance with the relevant provisions of the Election Law Article, Appellees Nancy Lewin, Elinor Mitchell, and Christopher Ervin – two of whom were rival candidates for the central committee – filed this suit against Appellant Linda Lamone in her official capacity as State Administrator of Elections to have Mr. Oaks' name removed from the ballot.
The Appellees later filed a motion for an injunction to compel the State Board to remove Mr. Oaks' name from the ballot on the ground that he would likely receive a prison sentence that would render him disqualified before the general election. The Circuit Court declined to grant the injunction, on the basis that Mr. Oaks' disqualification from office, though likely, was not yet certain. Shortly thereafter, Mr. Oaks gave up his voter registration, rendering him disqualified for office because he was not a registered voter. The Circuit Court then issued the requested injunction, ordering the State Board to remove Mr. Oaks' name from the primary election ballot, despite the fact that such an action was contrary to the Election Law Article.
The State Board appealed. We reversed the Circuit Court in a per curiam order. We now state our reasons for that decision.
I
Background
A. State Election Law – Candidacy in a Primary Election
Eligibility
A minimum requirement for eligibility to serve in any office created pursuant to the Maryland Constitution – such as State Senator – is that one must be a registered voter on the date of election and throughout the entire term of service. Maryland Constitution, Article I, § 12. Similarly, to be a candidate for an office of a political party or to be a nominee of that party one must be a registered voter affiliated with that party. Maryland Code, Election Law Article ("EL") § 5-203(a)(2).2 An individual who has been convicted of a felony and is serving a sentence of imprisonment for that conviction is not qualified to be a registered voter. EL § 3-102(b)(1). Thus, during such imprisonment, that individual may not hold public or party office in Maryland.
Deadlines for Candidates in Primary Elections
The Election Law Article sets certain deadlines for a candidate to appear on the ballot in a primary election. There are three deadlines relevant to this case.
First, one must file a certificate of candidacy by "the last Tuesday in February in the year which the primary election will be held." EL § 5-303(a)(1).3 For the 2018 primary election, that deadline was February 27, 2018.
Second, if a candidate has a change of heart and no longer wants to run in the primary election, the candidate must file a certificate of withdrawal within two days after the deadline for filing a certificate of candidacy. EL § 5-502(a). If the candidate withdraws by the statutory deadline, the previously-filed certificate of candidacy is void and the person's name is not to appear on the ballot. EL § 5-504(a). For the 2018 primary election, the withdrawal deadline was March 1, 2018.
Third, if a person has filed a timely certificate of candidacy, but the pertinent board of elections learns, by the 10th day after the deadline for filing that certificate, that the person has died or become disqualified for office, the person's name is not to appear on the ballot. EL § 5-504(b) ; EL § 5-601(1)(ii). For the 2018 primary election, that deadline fell on March 9, 2018.
If a person has filed a timely certificate of candidacy, but has not filed a timely certificate of withdrawal, or died or become disqualified (to the knowledge of the board of elections) by the statutory deadline, the name of the candidate "shall appear on the primary election ballot." EL § 5-504(b) ; see also EL § 5-601 (). If a candidate in a primary election garners the most votes as a party's nominee in the primary election but wishes to decline the nomination or dies or becomes disqualified for the office, the party is to choose a successor nominee according to the Election Law Article. EL §§ 5-801, 5-1001 et seq.4
Deadline for Ballot Certification and Overseas Ballots
The State Board is to certify the content and arrangement of the ballots for a primary election at least 55 days before the election. EL § 9-207(a)(1). Because different candidates stand for various offices in different districts and localities, there are multiple versions of the primary election ballot – referred to as "ballot styles" – that correspond to the various permutations pertinent to particular geographical areas. According to the State Board, there were 747 different ballot styles related to the 2018 primary election.
Within 24 hours after certification, the State Board is to publicly display the content and arrangement of the ballots on its website. EL § 9-207(c). Unless a court orders otherwise, the content and arrangement of the ballot may not be changed after the second day of public display and the State Board may begin printing ballots. EL § 9-207(d) - (e).
These deadlines are specified to ensure that the State Board has time to comply with federal law that requires that absentee ballots be available to military and overseas voters at least 45 days before the election. Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20302(a)(8)(A). For the 2018 primary election, that deadline was May 12, 2018.
B. Candidacy in the 2018 Primary Election
Generally
According to statistics compiled by the State Board, it received 2,563 certificates of candidacy for the 2018 primary election by the February 27 deadline and 77 certificates of withdrawal by the March 1 deadline. The State Board became aware of the death or disqualification of eight candidates by the March 9 deadline and removed their names from the ballot. The State Board received approximately 10 requests from candidates to withdraw after the statutory deadline, which were all rejected on grounds of lateness.
Mr. Oaks, his Candidacy, and his Criminal Prosecution
Mr. Oaks had served as a member of the House of Delegates for nearly 30 years when he was appointed to fill a vacancy in the State Senate for Legislative District 41 on February 10, 2017. See https://msa.maryland.gov/msa/mdmanual/05sen/former/html/msa12285.html [https://perma.cc/F9HJ-NHRK ] (last visited July 18, 2018).
On April 7, 2017, Mr. Oaks was initially charged in a criminal complaint in the United States District Court for the District of Maryland with wire fraud, a felony under the federal criminal law. United States v. Oaks , No. 1:17-CR-00288-RDB (D. Md.). On May 31, 2017, a federal grand jury superseded that complaint by returning an indictment comprised of nine felony counts. The charges all related to "corrupt use of his office in a bribery scheme." See United States v. Oaks , 302 F.Supp.3d 716, 718 (D. Md. 2018). Mr. Oaks pled not guilty to the charges; pretrial motions challenging the indictment were filed and litigated on his behalf. Id.
The filing of the criminal charges alone did not disqualify Mr. Oaks as a registered voter, as a candidate for office, or, for that matter, as an incumbent office holder. As indicated above, he would be disqualified in all three respects if and when he was convicted and imprisoned with respect to those charges.
While the criminal charges remained pending against him, Mr. Oaks filed a timely certificate of candidacy for the State Senate seat that he held, as well as for the Democratic Central Committee for District 41 in Baltimore City. Mr. Oaks did not withdraw his candidacy by the March 1, 2018 deadline. Nor had the State Board learned of anything by the March 9, 2018 deadline that disqualified Mr. Oaks as a candidate, as indeed he was not disqualified as of that date. Accordingly, under the State election law, his name was to appear on the primary election ballot.
On March 29, 2018, Mr. Oaks pled guilty, pursuant to a plea agreement, to two counts in the federal criminal case. The maximum penalty for both of the offenses to which he pled guilty included 20 years imprisonment. Sentencing was scheduled for July 17, 2018. Like the indictment, the guilty plea itself did not disqualify Mr. Oaks from being a registered voter, from being a candidate for office, or from holding office. H...
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