Tuesday, December 12, 2006

Lamone v. Capozzi (Ct. of Appeals)

Filed December 11, 2006--Opinion by Chief Judge Robert M. Bell.

This is the second of two cases involving early voting in Maryland. In the first case, Roskelly v. Lamone, the Court of Appeals affirmed the judgment of the Circuit Court for Anne Arundel County, which had dismissed the action because it was not timely filed. In this case, the Court we addressed the constitutionality of early voting, probing whether the acts establishing the process are inconsistent with, and, thus, in derogation of, the Maryland Constitution.

The Court determined that the acts authorizing Maryland Code (2003, 2006 Cum. Supp.) §10-301.1 are inconsistent with and in derogation of certain provisions of the Maryland Constitution, in particular, Article XV, §7, and Article I, §1, and are not constitutionally supported by Article I, §3; therefore, these acts are unconstitutional and void.

The full opinion is available in WordPerfect and PDF.

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