Legal Opinion · Dissent

City of Seat Pleasant v. Jones

Court of Appeals of Maryland

Decided June 27, 2001No. 105, Sept. Term, 2000Published

1DissentWilner, Judge

The Court today holds that it is permissible for election officials to deny a properly registered voter the right to vote so long as they do so negligently and not fraudulently or arbitrarily. With respect, I dissent from that conclusion.

There is no need in this dissent to write a political treatise on the importance of the right to vote. I am sure that my colleagues agree with me that it is the fundamental underpinning of our democratic and republican form of government and must be zealously protected. It was not protected in this case. Brenda Smith, a properly registered voter was denied…

2Cases cited4 opinions

  1. George's Creek Coal & Iron Co. v. County CommissionersCourt of Appeals of Maryland · 1883
  2. Goodwich v. NolanCourt of Appeals of Maryland · 1996
  3. McNulty v. Board of Supervisors of ElectionsCourt of Appeals of Maryland · 1966
  4. Fowler v. Board of SupervisorsCourt of Appeals of Maryland · 1970

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