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Brian Vaeth's Motion

Brian Vaeth's Motion

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Published by Jeff Quinton
Brian Vaeth's Motion for a preliminary injunction and temporary restraining order. Vaeth is asking to be put back on the ballot in Maryland.
Brian Vaeth's Motion for a preliminary injunction and temporary restraining order. Vaeth is asking to be put back on the ballot in Maryland.

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Published by: Jeff Quinton on Mar 24, 2014
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Brian Charles Vaeth 8225 Poplar Mill Road Nottingham, Maryland 21236 (410) 931-4423
IN THE CIRCUIT COURT OF ANNE ARUNDEL COUNTY
Brian Charles Vaeth, Plaintiff, vs. Linda H. Lamone, Defendant ) ) ) ) ) ) ) ) ) ase o.:
PLAINTIFF’S MOTION FOR A
PRELIMINARY INJUNCTION AND DEMAND FOR THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER
PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION AND
 DEMAND FOR THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER INTRODUCTION
This Court is presented with the Common Law question of the applicability of Maryland Code (2002), Sections 9-209
1
 and 12-202
2
 of
1
 Section 9-209 of the Election Law Article provides: (a)
Timing.
 Within 3 days after the content and arrangement of the ballot are placed on public display under § 9-207 of this subtitle, a registered voter may seek judicial review of the content and arrangement, or to correct any other error, by filing a sworn petition with the circuit court for the county. (b)
Relief that may be granted.
 The circuit court may require the local board to: (1) correct an error; (2) show cause why an error should not be corrected; or (3) take any other action required to provide appropriate relief. (c)
Errors discovered after printing.
 If an error is discovered after the ballots have been printed, and the local board fails to correct the error, a registered voter may seek judicial review not later than the second Monday preceding the election.
2
 Section 12-202 of the Election Law Article provides:
 
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the Election Law Article, which provides for judicial challenges to aspects of the election process.
THE PARTIES
Plaintiff, Brian Charles Vaeth, is a lawful person and an inhabitant of the State of Maryland. Plaintiff is also a candidate seeking the Republican nomination for Governor of Maryland in 2014. Defendant, Linda H. Lamone is the Administrator for the Maryland State Board of Elections.
 QUESTIONS PRESENTED
Plaintiff respectfully moves this court to rule on the constitutionality of Article 2, § 5 of the Maryland Constitution, as relating to Article 1 of the Maryland Declaration of Rights.
“That all Government of right originates from
the People, is founded in compact only, and instituted solely for the good of the whole; and they have, at all times, the inalienable right to alter, reform or abolish their Form of
(a)
In general.
 If no other timely and adequate remedy is provided by this article, a registered voter may seek judicial relief from any act or omission relating to an election, whether or not the elections has been held, on the grounds of an act or omission: (1) is inconsistent with this article or other law applicable to the elections process; and (2) may change or has changed the outcome of the election. (b)
Place and time of filing.
 A registered voter may seek judicial relief under this section in the appropriate circuit court within the earlier of: (1) 10 days after the act or omission or the date the act or omission became known to the petitioner; or (2) 7 days after the election results are certified, unless the election was a gubernatorial primary or
 
special primary election, in which case 3 days after the election results are certified.
 
 
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Government in such manner as they may deem
expedient.” 
 
STATEMENT OF THE CASE
On May 1, 2013, Plaintiff, Brian Charles Vaeth, a lawful person and an inhabitant of the State of Maryland and Duane Gerald Davis Sr., filed the required forms to register their candidacies for Governor and Lieutenant Governor of Maryland respectively. This registration was completed and filed in
person at the State Board of Election’s
Main Office, 151 West Street, Annapolis, MD 21401. The forms consisted of a Statement of Organization for Campaign Finance Entities, Candidate Information Sheet, and a Certificate of Candidacy. On March 18, 2014, approximately 10 months later, plaintiff was informed by Mr. Jared Demarinis, of the State Board of Elections that both his name and that of the candidate for Lt. Governor, Mr. Duane Gerald Davis were being disqualified and removed from the ballot for a voter registration violation associated with Article II, § 5 of the Maryland Constitution.
“A person to be eligible for the office of
Governor or Lieutenant Governor must have attained the age of thirty years, and must have been a resident and registered voter of the State for five years next immediately preceding his
election.”
(amended by Chapter 532, Acts of 1970, ratified Nov. 3, 1970).
After performing an appropriate amount of due diligence, wherein plaintiff utilized the Maryland State Board of Electi
on’s guidelines for qualified candidates, as published on that agency’s website and
the Maryland Annotated Code regarding the State Election Law Article, plaintiff had a reasonable right to expect that he and the candidate for Lt. Governor were qualified to file their Certificate of Candidacy for Governor and Lt. Governor for Maryland. Maryland Election Law

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