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2008

John C Armstrong

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Let’S Count Them All: Maryland Courts Should Adopt An Interventionist Approach To Contested Elections, John C. Armstrong Feb 2008

Let’S Count Them All: Maryland Courts Should Adopt An Interventionist Approach To Contested Elections, John C. Armstrong

John C Armstrong

Maryland courts currently take a hands-off approach to challenges to contested elections. In this article, I argue that the Maryland Court of Appeals should overrule some of its precedent and adopt a more active role in judicial challenges to contested elections. In Part I, I discuss the current statutory provisions and case law covering contest elections in Maryland. In Part II, I propose a new test for court challenges to contested elections. In Part III, I briefly summarize federal case law and case law from other states that have adopted an approach similar to the test I advocate. In Part …