Maryland high court orders full hearing in Anne Arundel election dispute

Maryland Del. Gary Simmons got good news from the state’s top court Monday, which ordered a full hearing on whether his Democratic primary opponent lives in the district.

The Supreme Court of Maryland reversed a lower court’s ruling that it was premature for Simmons to challenge the residency of John Dove Jr., who hopes to unseat Simmons.

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.

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, through his attorney, alleges that Dove doesn’t actually live at the Pasadena home.

Simmons challenged Dove’s residency by the March deadline set in state law, but an Anne Arundel County 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, and after an hour of oral arguments on Monday, the Supreme Court of Maryland sided with Simmons and said the Circuit Court judge “erred” in ruling the residency challenge was premature.

The Supreme Court ordered the Circuit Court to hold a hearing on both whether Dove resides in the district and whether his certificate of candidacy stating his address is valid or not.

Given looming election deadlines — ballots must be approved by April 20 — the Supreme Court ordered the Circuit Court to hold a hearing and issue a ruling by noon on April 6.

In a statement, Simmons said he was pleased with the Supreme Court’s ruling. “I look forward to returning to the Circuit Court to demonstrate that Mr. Dove does not live in District 12B,” he said.

During oral arguments, Simmons’ attorney Robbie Leonard said 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.

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.

Carter did not immediately respond to a request for comment after the ruling was issued Friday evening.

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 Alston of Prince George’s County — all Democrats.