Voters Organized for the Integrity of City Elections v. Baltimore City Elections Board
451 Md. 377
Md.2017Background
- VOICE and its founder Hassan Giordano filed suit on October 28, 2016 (less than two weeks before the general election) against the State Board and Baltimore City Board of Elections seeking injunctive and declaratory relief to enable “inmate voting” (pretrial detainees and incarcerated misdemeanants) for the 2016 general election.
- Plaintiffs sought broad relief (TRO, preliminary and permanent injunctions, and declaratory relief) including onsite ballots, voter information at booking, and mechanisms to ensure ballots from inmates would be produced, controlled, and counted.
- The Circuit Court denied a short‑term TRO, finding VOICE lacked statutory standing under EL §12‑202, Giordano had standing but the claims were barred by laches, and plaintiffs failed to prove by clear and convincing evidence any act or omission that would change the outcome of the election.
- Plaintiffs appealed directly to the Court of Appeals; argument occurred on November 7, 2016, one day before the election. The Court dismissed the appeal as moot that day and remanded for consideration of any declaratory‑relief claims.
- The Court of Appeals held that, even if plaintiffs could show entitlement to emergency relief, any order to implement inmate‑voting procedures on the eve of the election would be practically impossible and therefore ineffective (moot). The opinion provided guidance on standing and declaratory relief for remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of TRO on eve of election | TRO would prevent imminent disenfranchisement; emergency relief appropriate despite timing | Too late: even an order the day before election could not be implemented and would be without effect | Appeal dismissed as moot — emergency relief would be impracticable so any judgment would be ineffective |
| Standing under EL §12‑202 and declaratory‑judgment standing | VOICE claimed associational standing via inmate members; Giordano claimed registered‑voter statutory standing; Fields affidavit later offered | Defendants: VOICE not a registered voter under §12‑202; plaintiffs failed to show members with standing | Giordano may have statutory standing; VOICE lacks §12‑202 standing and, absent showing of special organizational injury, lacks common‑law declaratory standing unless organization itself is specially harmed |
| Timeliness / Laches for election claims | Plaintiffs argued cause accrued after voter‑registration deadline and brought suit timely | Defendants: plaintiffs delayed and could have acted earlier; late filing prejudiced officials | Majority did not fully resolve laches for appeal because of mootness; Circuit Court had properly applied laches as alternative ground; concurrence would affirm laches bar |
| Scope of election law obligations (requirement to create special inmate‑voting system) | 2016 legislation and election‑board duties require affirmative statewide/institutional plans to ensure inmates can register and vote | Election law provides registration by mail/online/volunteer assistance and absentee‑ballot/agent procedures; no special statutory mandate for inmate‑specific system | Court: Current law does not impose a special inmate‑voting regime beyond ordinary registration and absentee mechanisms; 2016 amendment did not change status of pretrial detainees or misdemeanant inmates |
Key Cases Cited
- Fritszche v. State Bd. of Elections, 397 Md. 331, 916 A.2d 1015 (2007) (four‑factor test for injunctive relief)
- Colandrea v. Wilde Lake Cmty. Ass’n, 361 Md. 371, 761 A.2d 899 (2000) (abuse of discretion standard for injunction review)
- Ehrlich v. Perez, 394 Md. 691, 908 A.2d 1220 (2006) (de novo review of legal questions underlying discretionary rulings)
- Hayman v. St. Martin’s Evangelical Lutheran Church, 227 Md. 388, 176 A.2d 772 (1962) (mootness where judgment would be without practical effect)
- Lloyd v. Bd. of Supervisors of Elections, 206 Md. 36, 111 A.2d 379 (1954) (dismissal of election appeal as moot where election already occurred)
- Fraternal Order of Police v. Montgomery County, 446 Md. 490, 132 A.3d 311 (2016) (organizational standing requires special injury to the organization itself)