Monday, December 11, 2006
Roskelly v. Lamone (Ct. of Appeals)
Filed December 11, 2006--Opinion by Chief Judge Robert M. Bell
A submission containing more than one third, but less than all, of the full number of signatures necessary to complete a referendum petition, submitted to the Secretary of State before June 1 for the purpose of extending the time for filing the signatures to complete the referendum petition within the meaning and contemplation of the Election Law Article, is still a petition. Accordingly, the State Board Administrator is required to make a validity determination of that petition, and judicial review must be sought within ten days as outlined by statute.
The full opinion is available in WordPerfect and PDF.
A submission containing more than one third, but less than all, of the full number of signatures necessary to complete a referendum petition, submitted to the Secretary of State before June 1 for the purpose of extending the time for filing the signatures to complete the referendum petition within the meaning and contemplation of the Election Law Article, is still a petition. Accordingly, the State Board Administrator is required to make a validity determination of that petition, and judicial review must be sought within ten days as outlined by statute.
The full opinion is available in WordPerfect and PDF.
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