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1 Unsuccessful Attempt to Block State Court Removal of a Candidate from a Ballot: Libertarian Party of Maryland v. Maryland State Board of Elections 1 (2020)

handle is hein.congcourts/unsblkbl0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION Unsuccessful Attempt to Block State Court Removal of a Candidate from a Ballot Libertarian Party of Maryland v. Maryland State Board of Elections (George L. Russell III, D. Md. 1:18-cv-2825) A federal district judge declined to block a state court's removal of a minor political party's nomination because the nomination violated party rules against nominating members of other parties. Subject: Getting on the ballot. Topics: Getting on the ballot; matters for state courts; party procedures. A minor political party was unsuccessful in its effort to get a federal court to overturn a state court's removal of the party's candidate for a state judge posi- tion from the general election ballot.1 The party filed its federal complaint against Maryland election officials in the District of Maryland on September 11,2018.2 A state judge determined on August 24 that the candidate's nomination violated party rules because the candidate was a member of a different party, so the state judge issued a preliminary injunction against inclusion of the can- didate on the general election ballot.3 On September 7, state election officials certified a general election ballot with the candidate omitted.4 With its federal complaint, the party filed a motion to stay state court pro- ceedings and stay the preliminary injunction.' The next day, in a motion to amend the stay motion, the party informed the court, Today in the state court proceedings, Assistant Attorney General Andrea Trento stated to the Circuit Court that the final day for the State Board of Elections to restore Plaintiffs nominee to the general election ballot is close of business Friday, September 14, 2018.6 Election officials responded on September 14 that as compliance with the preliminary injunction was already complete it could not be stayed, and the party's request for additional interference with state court proceedings was not justified.' Two days later, the party filed a federal motion for a temporary re- straining order restoring its candidate to the general election ballot.8 1. Order, Libertarian Party of Md. v. Md. State Bd. of Elections (D. Md. Sept. 20, 2018), D.E. 14; Docket Sheet, id. (Sept. 11, 2018); Complaint, id. (Sept. 11, 2018), D.E. 1. 2. Complaint, supra note 1. 3. See Complaint, supra note 1, at 5; Defendants' Brief at 4-5, Libertarian Party of Md. (Sept. 14, 2018), D.E. 8. 4. See Complaint, supra note 1, at 5; Defendants' Brief, supra note 3, at 5. 5. Stay Motion, Libertarian Party of Md. (Sept. 11, 2018), D.E. 2. 6. Amendment Motion at 2, id. (Sept. 12, 2018), D.E. 6. 7. Defendants' Brief, supra note 3. 8. Temporary Restraining Order Motion, Libertarian Party of Md. (Sept. 16, 2018), D.E. 9. Federal Judicial Center 1/5/2020

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