Justices on the Maryland Supreme Court spent an hour Monday hearing arguments over when a candidate for office must establish residency in their district — a case that could not only affect a race in Anne Arundel County, but how the state determines eligibility.
Del. Gary Simmons, a north county Democrat, is alleging that a man who is challenging him in the primary, John Dove Jr., does not live in the district.
Both are seeking to represent state District 12B, an awkwardly shaped district in northern Anne Arundel that includes parts of Hanover, Linthicum, Brooklyn Park, Glen Burnie and Pasadena. Simmons was elected to the seat in 2022.
The case centers on determining the correct deadline for challenging residency.
Just before filing to run for delegate, Dove changed his voter registration from a home in Gambrills —outside the district — to an address in Pasadena inside the district.
Simmons challenged Dove’s residency by the March deadline set in state law, but a Circuit Court judge ruled that the challenge was premature. The judge cited a provision in the constitution that to be eligible to be a state delegate, a person must be a resident of the district six months before the November general election, which would fall in early May.
Simmons appealed that ruling to the Supreme Court of Maryland, where his attorney Robbie Leonard argued to the justices on Monday that the judge was wrong and he should have held a full hearing on whether or not Dove lives in the district.
The issue needs to be settled well before ballots are cast, which is why the March challenge deadline is important, Leonard said.
“It allows the Board of Elections to ensure we have the right candidates,” Leonard said.
Maryland Solicitor General Julia Doyle, representing the state elections board, stressed the importance of being able to sort out residency issues before this spring’s primary election.
“We can’t wait until May 3rd to determine who is an eligible candidate,” Doyle told the justices.
The state is facing a legal deadline of April 20 to finalize the ballots, which are sent to mail-in voters in May ahead of in-person voting in June.
But Dove’s attorney, Jill P. Carter, said the state cannot enforce the March deadline for contesting a candidate’s residency because residency does not need to be established until May.
The six-month residency requirement is set in the state constitution, which should supersede the law that sets the deadline to contest residency, Carter said.
As for the potential conflict between the constitution and state law, “that’s for the legislature to fix,” said Carter, who previously served as both a state senator and state delegate.
Justices peppered all three lawyers with questions during the hourlong oral arguments in Annapolis. Chief Justice Matthew Fader did not indicate when the court would rule.
The oral arguments drew a political crowd to the high court. In addition to Simmons and Dove, observers included Sen. Clarence Lam of Howard and Anne Arundel counties, Sen. Charles Sydnor of Baltimore County, Del. J. Sandy Bartlett of Anne Arundel County and Del. Tiffany Alson of Prince George’s County — all Democrats.






Comments
Welcome to The Banner's subscriber-only commenting community. Please review our community guidelines.