Appeal of Hancock early voting center rejection scheduled to be heard in February

Tamela Baker, The Herald-Mail
·3 min read
In this file photo, voters cast their ballots on the first day of early voting in Maryland's 2022 primary elections.

The appeal of a decision by an Anne Arundel County Circuit Court judge upholding the rejection of an early voting site in Hancock could be heard in early February, according to the attorney representing the Washington County Board of Elections.

The local board is not named in the suit, which was filed against state elections officials after the Maryland State Board of Elections formally rejected the site during an emergency meeting Nov. 3. That meeting came after the state board declined to approve the site at its Oct. 26 meeting.

An "emergency petition for election-related relief" was filed against Elections Administrator Jared DeMarinis and the State Board of Elections on Nov. 6 in Anne Arundel Circuit Court. The plaintiffs included Washington County Commissioner Derek Harvey, Hancock-area residents Patrick Leone, John Cohill and Ashley McCusker (wife of Hancock Councilman Josh McCusker), Republican Central Committee Treasurer Michael Barnes, Hagerstown Tea Party President John Gundling and Hagerstown resident Thomas Thorsen.

Thorsen and Washington County Republican Central Committee President Seth Wilson had written to the board on the eve of the Nov. 3 vote in support of the Hancock site.

The full board of Washington County Commissioners also joined the suit. The plaintiffs were represented by attorney Adam Greivell, who was appointed to the county Republican Central Committee last year.

Anne Arundel County Circuit Court Judge Glenn L. Klavans ruled Nov. 29 in favor of the State Elections Board, however.

The appeal centers on four counts, according to attorney Brian Kane, who represents the Washington County Board of Elections. Three could be heard by the Appellate Court of Maryland, but the other one was appealed directly to the Supreme Court of Maryland.

Kane told the local board this week that oral arguments before the state Supreme Court were scheduled for Feb. 5.

"We should know, shortly thereafter, what the Supreme Court determination is," Kane said during the board's regular meeting Tuesday. "It is possible that the claims that are pending in the Appellate Court of Maryland get taken up by the Supreme Court, and all of the counts consolidated … as a whole. We don't know anything about that yet. But that is a possibility."

More: A judge ruled against a Hancock early voting site. County commissioner plans to appeal

Here's what the plaintiffs want

In the four counts appealed to the courts, the plaintiffs:

  • seek judicial relief from the state board's action pursuant to Maryland election law

  • allege the Maryland State Board of Elections violated the Open Meetings Act by not giving three days' notice of the Nov. 3 meeting, when the board voted 3-2 to reject the Hancock site

  • seek a declaratory judgment that DeMarinis and the state board violated the law, and declaring "the legal meaning, validity and/or effect of certain actions taken or not taken"

  • seek a writ of mandamus, "which is to ask the court to compel the state board to do its job in accordance with with the law," Kane said

"They're kind of different flavors of the same thing," Kane said, "the difference being this particular statutory item has a right of direct appeal to the (Maryland) Supreme Court."

The local board has taken no action on an alternative site.

Kane said he would be watching the appeals, "and presume that we will not hear back from the State Board of Elections about further steps to be taken by our board until there is some finality in that appeal process."

More: Hancock out? Location of early voting site in Washington County still being determined

This article originally appeared on The Herald-Mail: State Supreme Court to hear appeal on Hancock voting center on Feb. 5