Dove v. Simmons

Summary

The Supreme Court of Maryland affirmed the circuit court's judgment disqualifying John Calvin Dove, Jr. from the Democratic primary ballot for House of Delegates District 12B. The Court held that under CJ § 6-402(b) a continuance is mandatory only when a legislator-attorney of record moves before the legislative session begins, so counsel who entered her appearance after the session convened waived that benefit, and the postponement request was denied in the Court's discretion. On the merits, the Court held that EL § 5-304(c)(4), by its plain language read in harmony with Article I, §§ 1-2, requires a candidate to list either a voter registration address that is also the current address or the current address, and that competent evidence supported the circuit court's findings that Dove resided, was domiciled, and maintained his primary place of abode at 1302 Bluegrass Way rather than 284 Caldwell Road, so his certificate contained a material misrepresentation that invalidated it. Judge Killough concurred in the judgment but would have affirmed solely on eligibility grounds, contending the trial court made no finding of misrepresentation and that the majority avoided the constitutional question of when the residency deadline attaches.