Emergency Remedy of Bd. of Elections

Circuit Court for Montgomery County Case No. C-15-CV-22-003258 Argued: October 7, 2022 IN THE COURT OF APPEALS OF MARYLAND No. 21 September Term, 2022 IN RE: PETITION FOR EMERGENCY REMEDY BY THE MARYLAND STATE BOARD OF ELECTIONS Fader, C.J., Watts Hotten Booth Biran Eaves Adkins, Sally D. (Senior Judge, Specially Assigned) JJ. PER CURIAM ORDER Filed: October 7, 2022 * IN THE * COURT OF APPEALS IN RE: PETITION FOR EMERGENCY REMEDY BY THE MARYLAND * OF MARYLAND STATE BOARD OF ELECTIONS * COA-REG-0021-2022 * No. 21 * September Term, 2022 PER CURIAM ORDER Upon consideration of the filings by Daniel Cox, Appellant, and the Maryland State Board of Elections (the “State Board”), Appellee, and oral argument conducted in the above-captioned case on October 7, 2022, WHEREAS, on September 2, 2022, the State Board filed in the Circuit Court for Montgomery County a Petition for Emergency Remedy by the Maryland State Board of Elections in which the State Board petitioned the circuit court pursuant to § 8-103(b)(1) of the Election Law Article of the Maryland Code for an emergency remedy permitting the early canvassing and tabulation of mail-in ballots for the 2022 Gubernatorial General Election; and WHEREAS, on September 14, 2022, Appellant filed in the Circuit Court for Montgomery County a motion to intervene and a response in opposition to the petition and a memorandum in support thereof, and on September 16, 2022, the Circuit Court for Montgomery County granted Appellant’s Motion to Intervene; and WHEREAS, on September 26, 2022, after a hearing, the Circuit Court for Montgomery County entered an Opinion and Order, in which the court: (1) granted the Petition for Emergency Remedy by the State Board; and (2) ruled that it did “not find the provisions of § 8-103(b)(1) of the Election Law Article to be unconstitutional” and that “the undisputed facts of this case amount[ed] to emergency circumstances envisioned in the law”; and WHEREAS, the Circuit Court for Montgomery County ordered the following: that the restriction imposed by [Election Law Article (“EL”)] § 11- 302(a), requiring each local board to meet “[f]ollowing an election” in order to canvass mail-in ballots was suspended from application to the 2022 Gubernatorial General Election, that the restriction imposed by EL § 11-302(b)(1),