State Supreme Court refers Hancock early voting center appeal to mediation
The Supreme Court of Maryland has referred the matter of establishing an early voting center in Hancock to mediation with a court-appointed judge.
The court further ruled that it must be notified by Feb. 20 whether an agreement has been reached, according to the opinion issued by Chief Justice Matthew J. Fader.
The court heard oral arguments Monday in Derek Harvey, et al v. Jared DeMarinis, et al. Harvey is a Washington County Commissioner; DeMarinis is the state administrator of elections.
The suit was filed after the Maryland State Board of Elections rejected the Hancock Town Hall as the second of three early voting centers proposed by the Washington County Board of Elections and approved by the county commissioners.
After an Anne Arundel Circuit Court judge upheld the state board's decision, Harvey appealed that ruling to the state's Supreme Court.
Boonsboro early voting site for 2024 gets county's blessing, awaits state approval
Why the Hancock location was rejected
Washington County had two early voting sites for the 2022 mid-term elections: the Washington County Election Center at 17718 Virginia Ave., and the Fletcher Branch of the Washington County Free Library, both in the Hagerstown area.
After county officials complained the sites were too close together, the county Board of Elections proposed the Hancock Town Hall at 126 W. High St., and American Legion, Clopper-Michael Post 10 at 710 N. Main St., Boonsboro, as early voting centers for this year, in addition to the Election Center on Virginia Avenue.
But when the sites were submitted to the state Elections Board for approval, only the Virginia Avenue and the Boonsboro sites were approved.
Board members were concerned that the site would serve too few voters — some 3,100 of the nearly 100,000 registered voters in Washington County at the time. By the end of December, Washington County's voter registration had risen to 100,254. Board members were also concerned that it wouldn't serve a historically disenfranchised group of voters.
Nevertheless, board member Carlos Alberto Ayala moved to accept the site, but the motion died for lack of a second.
But because no specific action was taken on the Hancock site, the state board conducted an emergency meeting Nov. 3 with only one item on the agenda: a vote on the Hancock site.
The board voted 3-2 not to approve the site. Ayala has since resigned from the state Elections Board amid federal charges in connection with the Jan. 6 insurrection.
Appeal of Hancock early voting center rejection scheduled to be heard in February
A court case is filed
After the site was rejected, Harvey filed the suit along with 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.
The full board of Washington County Commissioners later joined the suit. The plaintiffs were represented by attorney Adam Greivell, who was appointed to the county Republican Central Committee in 2022.
Anne Arundel County Circuit Judge Glenn L. Klavans ruled in favor of the State Elections Board, and the plaintiffs immediately appealed.
Assistant Attorney General Daniel Kobrin, representing the state board before the Supreme Court, reiterated the board's concern that the Hancock center would serve too few voters. But the justices seemed skeptical, since two other voting centers were available.
Harvey told the Washington County Commissioners Tuesday that a retired Maryland Supreme Court justice would serve as mediator and would be meeting with the plaintiffs.
"The Supreme Court (of Maryland) basically overturned the lower court decision that ruled against the plaintiffs and the county's efforts to reinforce the county Board of Elections' decision on Hancock and the Viriginia Avenue early voting sites with the Boonsboro location being the third, optional one that the county commissioners voted to fund."
Washington County Election Director Barry Jackson told The Herald-Mail on Monday that his staff is prepared to conduct early voting at whatever site is eventually approved.
"As soon as we know, the board's going to act," Jackson said. "We're ready to roll, from the staff standpoint, so as soon as the board makes that decision, we're ready to kick it into high gear and start recruiting (election judges) and everything."
Equipment and supplies are already in place, he said, and an agreement has been prepared and is "ready to send to whoever the next person is" to secure a site.
The Washington County Board of Elections is scheduled to meet at 5 p.m. Tuesday for a closed session to "consult with counsel to obtain legal advice."
A judge ruled against a Hancock early voting site. County commissioner plans to appeal
Hancock out? Location of early voting site in Washington County still being determined
This article originally appeared on The Herald-Mail: State high court ruling sends Hancock voting center case to mediation
