Maryland’s highest court on Monday ordered an Anne Arundel County candidate for the House of Delegates off the ballot, after weighing arguments over where he lives and when he must establish residency.
The Supreme Court of Maryland upheld a lower court ruling removing John Dove Jr. from the ballot for the June Democratic primary. He was hoping to unseat Del. Gary Simmons.
Supreme Court Chief Justice Matthew J. Fader announced the decision in a brief order that did not outline the court’s reasoning. A full opinion will be filed later.
Both men were hoping to represent District 12B, an awkwardly shaped district in northern Anne Arundel that includes parts of Hanover, Linthicum, Brooklyn Park, Glen Burnie and Pasadena.
After Dove filed to run for office, Simmons challenged Dove’s eligibility, arguing that he didn’t live in the district when he signed his paperwork.
The state constitution requires a person seeking a seat in the General Assembly to live in the district and maintain “a primary place of abode” for six months before the election. But other laws set an earlier deadline for challenging a candidate’s residency.
The district’s voters are 47% Democratic and 26% Republican, with the rest unaffiliated or belonging to third parties. That gives the winner of the June Democratic primary an advantage in the general election.
The legal case spanned four court hearings over the past several weeks, moving quickly through the courts as election officials face an April 20 deadline for finalizing ballots for the June primaries.
In a statement, Simmons said he was grateful the ruling went his way and said he’d turn his focus to the general election since he is now unopposed in the primary.
In a prior court hearing, Dove said he lived at a home in Gambrills, outside the district, and intended to renovate and move into a Pasadena home that his father-in-law built decades ago. He planned to list the Gambrills home for sale.
For about an hour Monday morning, justices on the Supreme Court of Maryland peppered each candidate’s attorneys and an attorney for the state elections board with questions.
Dove’s attorney Tiffany Alston said her client “is making every effort” to move into the Pasadena home before May 3, which is six months prior to the general election.
Having changed his driver’s license and voter registration to the Pasadena address “is enough for him to be on the ballot,” said Alston, who also serves as a state delegate.
Simmons’ attorney Robbie Leonard countered that it was a “misrepresentation” when Dove listed the Pasadena address in his candidate paperwork.
Speaking after Monday’s arguments, but before the decision was handed down, Dove said the legal process had been both interesting and challenging. He said the Pasadena home is important to him — he and his wife once lived there years ago, and they spent every Sunday there for family dinners.
“That is a house we’re attached to,” Dove said.
The case drew political attention, with delegates and senators backing each man sitting in on the hearings. Simmons’ expenses were covered at least in part by a political slate that he and district-mate Sen. Clarence Lam belong to.
After court, Alston maintained that voters should have a say and Dove should not be removed from the ballot.
“The courts should not be used as a back door to incumbency protection or opposition research,” Alston said.
It wasn’t immediately clear if Dove would continue to seek a spot on the ballot. Before the ruling came out, Alston said she’d consider asking the Supreme Court of Maryland to reconsider its decision or petitioning the U.S. Supreme Court to take up the case.







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