Maryland court hears arguments on mail-in ballot counting

ANNAPOLIS, Md. (AP) — Judges on Maryland's highest court questioned a lawyer's argument Friday that it would be unconstitutional to let mail-in ballots be counted earlier than currently allowed.

Attorney C. Edward Hartman told the Court of Appeals that it was up to the General Assembly, not the courts, to change the law. In fact, the legislature passed a measure to allow the earlier counting of mail-in ballots this year, Hartman noted, but Gov. Larry Hogan vetoed the bill because of other provisions in it he did not support.

“This discussion already happened this year in the appropriate branch of the government," said Hartman, who is arguing on behalf of Dan Cox, Republican candidate for governor. "We don’t get to do it over again here.”

Last month, Montgomery County Circuit Judge James Bonifant granted an emergency petition filed by the Maryland State Board of Elections to allow the canvassing of mail-in ballots to begin Oct. 1.

Bonifant wrote that with so many mail-in ballots, which have become more popular amid the COVID-19 pandemic, local boards of election would not be able to verify the vote count within 10 days of the general election as required. That would put into jeopardy the seating of winning candidates by the dates of the next term of office, Bonifant noted.

Hartman argued that the state needs to follow constitutional requirements because “once we begin approving the blurring of the lines between the three government branches, we start a slippery slope downhill.”

But Court of Appeals Judge Angela Eaves asked: “We're talking about this general election only, so should we just accept the domino effect and the turmoil that that could cause?”

Hartman said it's not a question of whether the state should or shouldn't.

“The question is whether we can, and I...