Maryland Code, ELECTION LAW 16-1004
Terms Used In Maryland Code, ELECTION LAW 16-1004
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(2) (i) This paragraph applies if the Attorney General is a candidate in a contest on the ballot in an election.
(ii) The Attorney General may not seek injunctive relief under paragraph (1) of this subsection if a violation of § 16-201 of this title is committed by:
1. the Attorney General;
2. a person acting on behalf of the Attorney General;
3. a candidate who is opposing the Attorney General in a contest on the ballot; or
4. a person acting on behalf of a candidate who is opposing the Attorney General in a contest on the ballot.
(iii) The State Prosecutor may seek injunctive relief in accordance with this section in any circumstance in which the Attorney General is prohibited from seeking injunctive relief under subparagraph (ii) of this paragraph.
(b) Injunctive relief may be granted under this section only:
(1) to prevent a violation of § 16-201 of this title from affecting a pending election; and
(2) based on a showing by clear and convincing evidence that a violation of § 16-201 of this title is imminent or is being committed.
(c) The circuit court shall hear and determine the matter as soon as practicable after filing of the application.
(d) The grant of a remedy by the circuit court under this section does not preclude any other remedy available to a person under State or federal law.
(e) The circuit court shall:
(1) have jurisdiction over any proceeding instituted in accordance with this section; and
(2) exercise its jurisdiction without regard to whether a person asserting a right under this section has exhausted any administrative or other remedy available to that person under law.
(f) (1) An appeal of a decision of the circuit court under this section shall be taken directly to the Court of Appeals within 5 days of the date of the decision.
(2) The Court of Appeals shall give priority to hear and decide an appeal brought under paragraph (1) of this subsection as expeditiously as the circumstances require.