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§ 6-209. Judicial review

West's Annotated Code of MarylandElection LawEffective: December 14, 2022

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 6. Petitions (Refs & Annos)
Subtitle 2. Content and Process of Petitions (Refs & Annos)
Effective: December 14, 2022
MD Code, Election Law, § 6-209
Formerly cited as MD CODE Art. 33, § 6-209
§ 6-209. Judicial review
In general
(a)(1) A person aggrieved by a determination made under § 6-202, § 6-206, or § 6-208(a)(2) of this subtitle may seek judicial review:
(i) in the case of a statewide petition, a petition to refer an enactment of the General Assembly pursuant to Article XVI of the Maryland Constitution, or a petition for a congressional or General Assembly candidacy, in the Circuit Court for Anne Arundel County; or
(ii) as to any other petition, in the circuit court for the county in which the petition is filed.
(2) The court may grant relief as it considers appropriate to ensure the integrity of the electoral process.
(3) A judicial proceeding under this section shall be conducted in accordance with the Maryland Rules, except that:
(i) the case shall be heard and decided without a jury and as expeditiously as the circumstances require; and
(ii) an appeal shall be taken directly to the Supreme Court of Maryland within 5 days after the date of the decision of the circuit court.
(4) The Supreme Court of Maryland shall give priority to hear and decide an appeal brought under paragraph (3)(ii) of this subsection as expeditiously as the circumstances require.
Declaratory relief
(b) Pursuant to the Maryland Uniform Declaratory Judgments Act and upon the complaint of any registered voter, the circuit court of the county in which a petition has been or will be filed may grant declaratory relief as to any petition with respect to the provisions of this title or other provisions of law.

Credits

Added as Art. 33, § 6-209, by Acts 1998, c. 585, § 2, eff. Jan. 1, 1999. Amended by Acts 2001, c. 49, § 1, eff. Oct. 1, 2001. Transferred to Election Law § 6-209 by Acts 2002, c. 291, § 2, eff. Jan. 1, 2003. Amended by Acts 2002, c. 291, § 4, eff. Jan. 1, 2003; Acts 2019, c. 770, § 1, eff. June 1, 2019; Acts 2023, c. 49, § 6.
Formerly Art. 33, § 6-209.
MD Code, Election Law, § 6-209, MD ELEC LAW § 6-209
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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