Listen to this articleAttorneys for two Democratic candidates vying for a House of Delegates seat faced sharp questioning from justices of the Maryland Supreme Court following a recent ruling by an Anne Arundel County judge that disqualified one of the candidates from the ballot.
Chief Justice Matthew Fader indicated that the state’s highest court intends to make a swift decision regarding this residency dispute. Incumbent Delegate Gary Simmons claims that challenger John Dove Jr. is not eligible to run against him because he has not yet established residency in District 12B.
The legal arguments revolve around a provision in the Maryland Constitution, which stipulates that candidates must be residents of the district and maintain a primary place of residence there for at least six months prior to an election.
During a recent evidentiary hearing, Dove, 61, testified that he is in the midst of relocating to a home in Pasadena, which is located within the district. However, Anne Arundel Circuit Judge Robert Thompson determined that Dove had not yet “perfected” his intentions to move.
Dove’s attorney, Tiffany Alston, argued during Monday’s oral arguments that Dove has stated his commitment to being in District 12B by May 3, which is six months prior to the upcoming November election. She emphasized that Dove is actively pursuing this move, stating, “He plans to be there. He stated so, and he’s making every attempt to be there, but it is a process to sell a million-dollar property and build another million-dollar property.”
The Maryland Supreme Court had previously overturned a decision by Judge Thompson that had dismissed the case, directing it back to his courtroom for further evidentiary review.
In contrast, Simmons’ attorney, Robbie Leonard, contended during Monday’s proceedings that Dove had not clearly indicated when he would vacate his previous residence located outside the district to officially move into his new home.
“Why are we here? Why was this case sent back to the circuit court?” Leonard questioned as he addressed the justices. “Was it just for show? Was it a waste of time? Because from what I’m hearing here, there could have been no favorable outcome for Mr. Simmons; there could only be a favorable outcome for Mr. Dove.”
As the justices deliberated, it remained uncertain how they would ultimately decide.
Justice Peter K. Killough raised a critical point, asking Alston, “Do you recognize that there’s a constitutional reckoning and that if he hasn’t moved to [the new home] by May 3, that the Constitution is sort of self-executing?”
In response, Alston acknowledged the potential consequences: “If he doesn’t move to the home on May 3 and he wins the [primary] election, he would be disqualified from advancing to the general election, and he could no longer be the Democratic Party’s nominee,” she explained. “The democratic process would then take over.”
This story will be updated.
