Resolution to Disputed Early Voting Location Legal Battle Facilitated by Maryland Supreme Court

HAGERSTOWN, MD News (2/5/2024) – In a recent update to the legal battle over Washington County’s early voting sites, the Maryland Supreme Court took action on February 5, 2024, by instructing the involved parties in the case of Derek Harvey, et al. v. Jared DeMarinis, et al. (No. 26, September Term, 2023) to participate in mediation sessions.

This legal matter originated in the Circuit Court for Anne Arundel County, where those appealing (Appellants) and the Board of County Commissioners of Washington County contested the Maryland State Board of Elections’ decision disapproving the establishment of an early voting center in Hancock Town Hall, Washington County. The appeal consisted of four requests, seeking judicial relief, nullifying the State Board’s decision, requesting a declaratory judgment, and seeking a common-law writ of mandamus.

After the opposing party (Appellees) submitted a motion for summary judgment, the circuit court ruled in their favor on all counts. Following this decision, three appeals were filed – one brought to the Maryland Supreme Court and two to the Appellate Court of Maryland. The Board of County Commissioners of Washington County also initiated an appeal.

As of now, the appeals to the Appellate Court of Maryland are awaiting resolution under the case name Derek Harvey, et al. v. Jared DeMarinis, et al., No. 1917, Sept. Term, 2023 (Md. App. Ct.).

Having considered written arguments and spoken presentations, the Maryland Supreme Court decided to suggest mediation for the ongoing dispute. The order specifies that all involved parties, along with their legal representatives, including those with decision-making authority, must participate in mediation. A judge-mediator appointed by the Court will facilitate the discussions.

The Board of County Commissioners of Washington County, an interested party in the appeal, is also required to engage in the mediation process. The mediation is anticipated to conclude no later than Tuesday, February 20, 2024. The involved parties are instructed to inform the Court in writing by that date regarding any agreements reached to settle the appeal.

This development signifies a noteworthy step in the ongoing legal disagreement over the early voting center. Mediation provides an opportunity for potential resolution before further legal proceedings. Chief Justice Matthew J. Fader endorsed the order on behalf of the Supreme Court of Maryland.

In simpler terms, the Maryland Supreme Court has proposed a discussion between the opposing parties to try and settle the dispute over the early voting center rather than continuing with more court hearings.