Hoffman v. State of Maryland

928 F.2d 646
Court of Appeals for the Fourth Circuit·Decided March 22, 1991·No. No. 90-2665·Published·Cited by 3 cases

Opinion

WIDENER, Circuit Judge:

This case is a constitutional challenge to Maryland’s voter purge statute. The statute requires that registered voters who have not voted in the last five years be removed from the rolls by cancellation of their registration. At the time this action was filed, Thomas Hoffman and Timothy David Ulrich, the appellants, were among those voters to be removed from the rolls because they had not voted in the last five years. They filed suit in the district court challenging the constitutionality of this state law. The district court found that the statute did not “offend the constitutional rights of plaintiffs to vote, or not to vote, or equal protection principles, or the exercise of plaintiff’s rights of free speech.” 736 F.Supp. 83 (1990). On appeal, Hoffman and Ulrich contend that Maryland’s five-year purge statute violates the First and Fourteenth Amendments by restricting their right not to vote, infringes on equal protection principles and burdens their right of free speech. We are not persuaded by these arguments and affirm.

Hoffman and Ulrich have not voted since November 6, 1984. Under Md.Ann.Code Art. 33, § 3-20, a registered voter who does not cast a vote in a primary, general or special election for a five year period is subject to mandatory removal from the vot[648]*648er registration rolls.

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Hoffman v. State of Maryland, 928 F.2d 646 (4th Cir. 1991).

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Hoffman v. State of Maryland
928 F.2d 646 (Fourth Circuit, 1991)