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Board of Elections v. Komenda

Court of Appeals of Maryland
Aug 24, 1970
268 A.2d 563 (Md. 1970)

Opinion

[No. 268 (Adv.), September Term, 1970.]

Decided August 24, 1970.

ELECTIONS — Arrangement Of Candidates' Names On Ballot — Where More Than One Vertical Column Is Required To Accommodate The Names Of All Candidates For An Office, The Same Number Of Names Must Be Placed In Each Column As Far As Possible And The Fewest Number Of Columns Must Be Used That Will Permit This. pp. 149-150

Appeal from the Circuit Court for Prince George's County (BOWIE, J.).

Bills for declaratory judgment filed by both the Board of Supervisors of Elections for Prince George's County and Frank J. Komenda seeking a declaration as to the validity of the Board's arrangement of names of candidates for County Commissioners in the primary election of September 15, 1970. After consolidating both actions, the Board was ordered to formulate the alphabetical arrangement of candidates for the office of County Commissioner in five columns containing five names each. The Board appeals.

Decree affirmed with costs. Mandate to issue forthwith.

The cause was submitted on briefs to HAMMOND, C.J., and BARNES, McWILLIAMS, FINAN, SINGLEY, SMITH and DIGGES, JJ.

Submitted by William V. Meyers for appellant.

Submitted by John J. Garrity for appellee.


The Court is of the opinion that under the controlling statute, Code (1969 Cum. Supp.), Art. 33, § 16-5(b), and the holding of Resnick v. Board of Elections, 244 Md. 55, if more than one vertical column is required on the voting machines to accommodate the names of all the candidates for an office, the same number of names must be placed in each column as far as possible and that there must be used the fewest number of columns that will permit this. For example, if there are twelve candidates there should be two columns of six names, not six columns of two names, not four columns of three names nor three columns of four names. (In the case before us there were twenty-five candidates. The Board listed the names in one column of nine and two columns of eight names and the court ordered the Board to list them in five columns of five names each.) The decree appealed from reflects these views and will be affirmed.

Decree affirmed with costs. Mandate to issue forthwith.


Summaries of

Board of Elections v. Komenda

Court of Appeals of Maryland
Aug 24, 1970
268 A.2d 563 (Md. 1970)
Case details for

Board of Elections v. Komenda

Case Details

Full title:BOARD OF SUPERVISORS OF ELECTIONS FOR PRINCE GEORGE'S COUNTY v . KOMENDA

Court:Court of Appeals of Maryland

Date published: Aug 24, 1970

Citations

268 A.2d 563 (Md. 1970)
268 A.2d 563