The Baltimore Sun reports today that two Democratic candidates for delegate who narrowly lost the general election are going to court to demand that Anne Arundel County count provisional ballots excluded from the county by the county election board:
Two Anne Arundel County Democrats who haven't conceded their races for the House of Delegates filed a court appeal yesterday to force the counting of 244 paper ballots that the local elections board had tossed out.Andrew D. Levy, an attorney representing Del. Joan Cadden of District 31 and County Councilwoman Barbara D. Samorajczyk of District 30, said the Anne Arundel elections board incorrectly disqualified three sets of provisional ballots from across the county.
The appeal concentrates on 222 votes from people who, according to the board, were not registered to vote in Maryland; 20 cast by people who also voted absentee; and two cast by voters who declined to use the electronic machines.
No hearing date at Anne Arundel County Circuit Court has been set.
Levy said the court's decision will influence whether the two Democrats will seek a recount. Based on the final unofficial tally, Samorajczyk, of Annapolis Roads, lost by 53 votes to jewelry store owner Ronald A. George, a Republican; and Cadden, of Brooklyn Park, fell to Republican Del. Donald H. Dwyer Jr. by 28 votes.
Both races were for the third seat in three-member House districts.
George and Dwyer, who had trailed before the counting of Anne Arundel's record 15,600 absentee ballots, declared victory Nov. 17.
The deadline to ask for a recount is Dec. 11, Levy said. The state must certify the election results by Dec. 12.
It will be interesting to hear the basis for the lawsuit. Were the people who voted on the provisional ballots properly registered and legally entitled to vote in this election? If so, why were their ballots not counted?
