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§ 16-1004. Injunction to prohibit violation of § 16-201 of Election Law title

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

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 16. Offenses and Penalties
Subtitle 10. General Penalty Provisions (Refs & Annos)
Effective: December 14, 2022
MD Code, Election Law, § 16-1004
§ 16-1004. Injunction to prohibit violation of § 16-201 of Election Law title
Currentness
Institution of action
(a)(1) Except as provided in paragraph (2) of this subsection, the Attorney General may institute an action in a circuit court of the State for injunctive relief in accordance with the Maryland Rules to prohibit a person from committing an imminent violation or continuing to commit a violation of § 16-201 of this title.
(2)(i) This paragraph applies if the Attorney General is a candidate in a contest on the ballot in an election.
(ii) The Attorney General may not seek injunctive relief under paragraph (1) of this subsection if a violation of § 16-201 of this title is committed by:
1. the Attorney General;
2. a person acting on behalf of the Attorney General;
3. a candidate who is opposing the Attorney General in a contest on the ballot; or
4. a person acting on behalf of a candidate who is opposing the Attorney General in a contest on the ballot.
(iii) The State Prosecutor may seek injunctive relief in accordance with this section in any circumstance in which the Attorney General is prohibited from seeking injunctive relief under subparagraph (ii) of this paragraph.
Grounds upon which relief may be granted
(b) Injunctive relief may be granted under this section only:
(1) to prevent a violation of § 16-201 of this title from affecting a pending election; and
(2) based on a showing by clear and convincing evidence that a violation of § 16-201 of this title is imminent or is being committed.
Speedy hearing and determination
(c) The circuit court shall hear and determine the matter as soon as practicable after filing of the application.
Other remedies
(d) The grant of a remedy by the circuit court under this section does not preclude any other remedy available to a person under State or federal law.
Jurisdiction of circuit court
(e) The circuit court shall:
(1) have jurisdiction over any proceeding instituted in accordance with this section; and
(2) exercise its jurisdiction without regard to whether a person asserting a right under this section has exhausted any administrative or other remedy available to that person under law.
Appeals
(f)(1) An appeal of a decision of the circuit court under this section shall be taken directly to the Supreme Court of Maryland within 5 days of the date of the decision.
(2) The Supreme Court of Maryland shall give priority to hear and decide an appeal brought under paragraph (1) of this subsection as expeditiously as the circumstances require.

Credits

Added by Acts 2015, c. 396, § 1, eff. July 1, 2015. Amended by Acts 2023, c. 49, § 6.
MD Code, Election Law, § 16-1004, MD ELEC LAW § 16-1004
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.
End of Document