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9/10/2024 4:30:29 PM

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Section 6: ECC/ARC/CPI
Subject: Political Signs Msg# 1211047

From:

Bruce Bright

Joined 8/7/2021

To:

Jim Trummel (Read)

Joined 4/17/2005

The 30-day provision for placing political signs is properly established from the start of early voting.

This, Jim, is stated peculiarly like a Judge ruling on the matter. :) But alas, you are not a Judge and neither am I. You have your opinion. Mine is different.

Likewise, as for what may or may not be a "substantial foundation" for a (legal) position (mine or yours), only Courts get to decide that. I will simply share that Courts, in my experience, are loathe to set aside statutory language (or the absence of it) in favor of some notion of how things may have changed. Under the statute, the "general election" plainly occurs on a single date, not over a period of time.

In any event, I appreciate your views . . .

-BB

For reference, the above message is a reply to a message where:
The HOA Act 11B-111.2 political signs 30-day provision comes from a time more than 25 years ago when the casting of votes was limited to a single day. Using it to define the timing of political signs in the casting of votes today is not a substantial foundation for argument.

COMAR
33.17.01.02
Applicability to Elections.. Applicability to Elections. A. Early voting is applicable for the following regularly scheduled elections: (1) Presidential primary and general elections; and (2) Gubernatorial primary and general elections. B. Early voting is not applicable for special primary and general elections, unless the special election is conducted by mail.

That mail-in and early votes are not tabulated/counted until election day is relevant only to not affecting the voting participation of those who have not yet voted. However, restrictions on political speech are relevant to efforts to influence those who have not yet voted, whether it is mail-in early or election day.

The start of casting a vote by mail-in cannot be definitively determined under the Election Law. However, the date certain for starting the casting of early votes can be determined.

The 30-day provision for placing political signs is properly established from the start of early voting.

Jim Trummel

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