State Board of Elections v. Snyder ex rel. Snyder
76 A.3d 1110
Md.2013Background
- Two 17-year-old registered voters (Snyder and Boltuck) would be 18 by the November 2008 general election and sought to vote in the February 2008 nonpartisan county board of education primaries.
- Maryland State Board of Elections (MSBE) had, post-Capozzi, permitted such 17-year-olds to vote in partisan primaries (following Attorney General advice) but barred them from nonpartisan primaries or required provisional ballots to exclude nonpartisan contest votes.
- Plaintiffs exhausted administrative remedies and filed consolidated suits challenging MSBE’s policy, seeking declaratory/injunctive relief under EL § 12-202.
- The Circuit Court held Article I, § 1 of the Maryland Constitution did not apply to the nonpartisan school-board primaries (relying on Hanna v. Young) and ordered 17-year-olds eligible for the primaries.
- MSBE appealed; this Court issued a per curiam order directing that 17-year-olds who will be 18 by the general election may vote in partisan and nonpartisan primaries, and provided opinion explaining that result.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Article I, § 1 applies to primary elections (including nonpartisan primaries) | Plaintiffs: Article I, § 1 does not bar 17-year-olds who will be 18 by the general election from voting in primaries; the statute governs eligibility | MSBE: Capozzi means Article I, § 1’s age rule requires voters be 18 by the primary, thus prohibiting 17-year-olds from primaries | Court: Article I, § 1 applies to primaries, but its age-language refers to being 18 by the close of registration preceding the general election, not the primary; 17-year-olds may vote if they will be 18 by that general-election registration cutoff |
| Whether EL § 3-102 (allowing under-18s to vote in primaries if they will be 18 by the next general election) conflicts with Article I, § 1 | Plaintiffs: § 3-102 is consistent with Article I, § 1 and permissibly expands eligibility | MSBE: § 3-102 conflicts with Article I, § 1’s plain age requirement and is therefore unenforceable | Court: § 3-102 does not conflict with Article I, § 1; the constitutional age phrase ("the election") refers to the general election registration cutoff, so the statute is valid and operative |
| Whether Hanna v. Young precludes applying Article I, § 1 to county school board primaries | Plaintiffs/Circuit Ct: Hanna supports excluding municipal/creature-of-statute elections from constitutional voter-qualification rules | MSBE: Hanna was limited to municipal elections and is dicta beyond that narrow context; Capozzi controls primary coverage | Court: Hanna is limited to municipal elections; county school boards are State agencies and primaries nominating them fall within Article I, § 1 |
| Use of provisional ballots for 17-year-olds in counties with concurrent nonpartisan contests | Plaintiffs: provisional-ballot policies were challenged but not pursued to judgment | MSBE: provisional ballots ensure nonpartisan votes by ineligible voters are segregated and not counted | Court: MSBE may use provisional ballots to ensure only authorized contest votes are counted, but the core holding grants voting rights consistent with § 3-102 and constitutional interpretation |
Key Cases Cited
- Lamone v. Capozzi, 396 Md. 53, 912 A.2d 674 (Md. 2006) (held Article I, § 1 applies to primary elections and struck down early-voting statute provisions that conflicted with the Constitution)
- State Bd. of Elections v. Snyder, 403 Md. 172, 941 A.2d 467 (Md. 2008) (per curiam order and directives resolving eligibility of 17-year-olds for 2008 primaries)
- Chesapeake Charter, Inc. v. Anne Arundel Cnty. Bd. of Educ., 358 Md. 129, 747 A.2d 625 (Md. 2000) (explains county school boards are State agencies and part of State education system)
- Nader for President 2004 v. Maryland State Bd. of Elections, 399 Md. 681, 926 A.2d 199 (Md. 2007) (addresses constitutional protections for political participation and franchise)
- Maryland Green Party v. Maryland Bd. of Elections, 377 Md. 127, 832 A.2d 214 (Md. 2003) (discusses Article 7 of the Declaration of Rights and broad protection for political participation)
- Hanna v. Young, 84 Md. 179, 35 A. 674 (Md. 1896) (narrowly held Article I, § 1 did not apply to municipal elections outside Baltimore City)