Fraternal Order of Police Lodge 35 v. Montgomery County
80 A.3d 686
Md.2013Background
- Bill 18-11 amended Montgomery County Code § 33-80(a)(7) to restrict effects bargaining over police operations.
- FOP 35 collected signatures for a referendum; 48,935 signatures were submitted to MCBE for validation.
- Two circulators, Head and Rowe, misstated ZIP codes on pages they signed; other address details were largely unrelated.
- MCBE certified 34,828 signatures as from registered Montgomery County voters, exceeding the required threshold.
- Circuit Court granted summary judgment invalidating pages with incorrect ZIPs and held County lacked standing; Court of Appeals granted certiorari and later reversed on statutory grounds.
- Court of Appeals held minor circulator affidavit errors (ZIP misstatements) do not invalidate already-certified signatures, emphasizing changed Maryland election-law regime and voters’ right to have signatures counted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do minor ZIP code errors invalidate signatures? | Head/Rowe affidavits complied with 6-204 and 33.06.03.07; errors are immaterial. | Tyler v. Secretary of State requires invalidation for fraud from incorrect affidavits. | No; minor errors do not invalidate signatures. |
| Does Tyler apply given modern Maryland election-law framework? | Tyler should guide invalidation for circulator fraud. | Election law now places verification on election staff, not circulators; Tyler misapplied. | Tyler is inapt; staff verification regime governs validity. |
| Should the court overturn the MCBE certification despite potential irregularities? | Count should stand as signatures were valid and verified. | Incorrect affidavits undermine petition validity and justify reversal. | Court reverses circuit court; MCBE certification stands. |
| Does Montgomery County have standing to appeal under EL § 6-209 and MUDJA? | County has standing as aggrieved/taxpayer; no need to reach others’ standing. | County lacked standing; need not address co-plaintiff standing. | Court avoids ruling on standing due to prevailing statutory analysis. |
Key Cases Cited
- Tyler v. Secretary of State, 229 Md. 397 (Md. 1962) (presumption of fraud for inaccurate circulator affidavit under old personal-knowledge standard)
- Maryland Green Party v. Maryland Bd. of Elections, 377 Md. 127 (2003) (right to have signature counted integral to suffrage rights)
- Munsell v. Hennegan, 182 Md. 15 (1943) (voters’ opportunity to have votes counted; liberal construction of petition rights)
- Ficker v. Denny, 326 Md. 626 (1992) (right to sign or not sign; petition must proceed with valid signatures)
- Hayward Area Planning Assn. v. Superior Court, 218 Cal.App.3d 53 (Cal. App. 1st Dist. 1990) (technical deficiencies may be ignored if core purpose is served)
- United Labor Comm. of Missouri v. Kirkpatrick, 572 S.W.2d 449 (Mo. 1978) (liberal construction to preserve voters’ initiative rights)
- Montgomery County Volunteer Fire-Rescue Ass’n v. Montgomery County Bd. of Elections, 418 Md. 463 (2011) (circulator affidavit defects not fatal to otherwise valid signatures)
- City of Takoma Park v. Citizens for Decent Government, 301 Md. 439 (1984) (administrative-declaratory-review framework and deference to agency findings)