Cox’s appeal of mail-in ballot decision thrown out

Local elections officials can begin processing ballots Saturday

September 29, 2022 10:26 p.m.

A state appellate court judge on Thursday threw out Republican gubernatorial nominee Dan Cox’s appeal of last week’s court decision to allow mail-in ballot canvassing to begin before the November general election.

On Friday, a Montgomery County Circuit Court judge ruled the Maryland State Board of Elections can start processing mail-in ballots Oct. 1 for the Nov. 8 general election.

The state elections board had filed a petition to the court to suspend a state law that prohibits the opening of mail-in ballots before the Wednesday after an election. The state elections board petitioned for the exception after jurisdictions received an unprecedented number of mail-in ballots during the July primary election, which resulted in weeks of ballot canvassing. About 75,000 mail-in ballots were counted in Montgomery County alone. The state elections board predicts more than 1 million mail-in ballots will be submitted in Maryland in the general election.

- Advertisement -

Cox filed a challenge to the state elections board’s petition, with his counsel arguing in a hearing last week that an increase in mail-in ballots does not constitute an emergency because more voters started using mail-in ballots after the COVID-19 pandemic began in March 2020 and therefore it is not a new practice.

Cox’s lawyers had filed the appeal in the Maryland Court of Special Appeals Tuesday morning. The state filed a motion early Thursday in opposition to Cox’s emergency motion for an appeal. Judge Douglas Nazarian signed an order for a panel of the court denying Cox’s motion.  The judge’s opinion was unavailable Thursday evening.

Local boards of elections will now be allowed to start processing ballots beginning Saturday.

Digital Partners

Enter our essay contest