BALTIMORE — Maryland’s highest court upheld a decision to allow early counting of mail-in ballots prior to the November election, overruling an argument raised by Republican governor candidate Dan Cox that the move is unconstitutional.
The opinion, issued by the Maryland Court of Appeals Friday, affirms a decision made by Montgomery County Circuit Court Judge James A. Bonifant last month to allow ballot counting to begin as early as Oct. 1 to accommodate a deluge of mail-in ballots expected this fall. State law, established before the widespread use of mail-in ballots that began during the pandemic, does not allow the ballots to be counted until after the election — a scenario elections officials say would have meant blown certification deadlines.
Although Bonifant’s ruling was issued last month, no local election boards have begun counting ballots yet for practical purposes. Mail-in ballots were not sent to most voters across the state until this week, and local boards have too few in hand to count.
