Liddy v. Lamone - Maryland state court system
Liddy v. Lamone - Maryland state court system
Liddy v. Lamone - Maryland state court system
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election cases and its own institutional procedures. Court orders affecting<br />
elections, especially conflicting orders, can themselves result in voter confusion<br />
and consequent incentive to remain away from the polls. As an election draws<br />
closer, that risk will increase.” Id. (Emphasis added).<br />
The Supreme Court, ultimately, held that, “[g]iven the imminence of the election and the<br />
inadequate time to resolve the factual disputes, [its] action [] shall of necessity allow the<br />
election to proceed without an injunction.”__ U.S. at __, 127 S. Ct. at 8, 166 L. Ed. 2d at 5.<br />
Thus, it made clear that injunctive relief may be inappropriate in an elections case if the<br />
election is too close for the State, realistically, to be able to implement the necessary changes<br />
before the election. It is such pragmatic imperatives related to the implementation of the<br />
elections process, coupled with the statutory scheme governing the process itself, that result<br />
in the need for expedited resolutions of disputes. See also Reynolds, supra, 377 U.S. at 585,<br />
84 S. Ct. at 1394, 12 L. Ed. 2d at 541 (stating that “a <strong>court</strong> is entitled to and should consider<br />
the proximity of a forthcoming election and the mechanics and complexities of <strong>state</strong> election<br />
laws, and should act and rely upon general equitable principles); Wells v. Rockefeller, 394<br />
U.S. 542, 547, 89 S. Ct. 1234, 1237, 22 L. Ed. 2d 535, 539-40 (1969) (finding no error when<br />
<strong>court</strong> allowed an election that was only three months away to proceed “despite its<br />
constitutional infirmities”); Kilgarin v. Hall, 386 U.S. 120, 121, 87 S. Ct. 820, 821, 17 L. Ed.<br />
2d 771, 774 (1967) (affirming ruling to allow an election, “constitutionally infirm in certain<br />
respects,” to proceed).<br />
In the case sub judice, this Court is faced with the same quandary as the Purcell Court<br />
and must contemplate the “considerations specific to election cases,” i.e. the potential harm<br />
to the appellees and, more important, to the electorate, which, we believe, the Circuit Court<br />
failed to do. The Circuit Court, citing Ross v. State Board of Elections, and relying more<br />
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