Roberts v. Lakin

665 A.2d 1024, 340 Md. 147, 1995 Md. LEXIS 136
CourtCourt of Appeals of Maryland
DecidedOctober 10, 1995
DocketNo. 68
StatusPublished
Cited by14 cases

This text of 665 A.2d 1024 (Roberts v. Lakin) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberts v. Lakin, 665 A.2d 1024, 340 Md. 147, 1995 Md. LEXIS 136 (Md. 1995).

Opinion

ORDER

On September 7, 1994, the Court, on its own motion, issued a writ of certiorari to the Court of Special Appeals in the above-captioned case.

On September 8, 1994, the Court conducted a hearing at which the parties presented arguments in support of their respective positions.

The Court has fully considered the arguments, motions and other pleadings filed in this matter.

[149]*149NOW THEREFORE, it is this 8th day of September, 1994

ORDERED, by the Court of Appeals of Maryland, that the judgment of the Circuit Court for Montgomery County dated September 2, 1994, ordering that the name of Anthony Roberts be stricken from the primary election ballot for District 14A is hereby stayed and the State Administrative Board of Elections and the Board of Supervisors of Elections of Montgomery County, Maryland are hereby directed to include the name of Anthony Roberts on the primary ballot.

PER CURIAM ORDER

For reasons to be stated in an opinion later to be filed, it is this 19th day of October, 1994,

ORDERED, by the Court of Appeals of Maryland, that the judgment of the Circuit Court for Montgomery County is reversed; mandate to issue forthwith; costs to be paid by appellee.

ELDRIDGE, Judge.

The issue in this case is whether Anthony Roberts fulfilled the constitutional residency requirements to be a candidate for the House of Delegates from Maryland Legislative District 14A.1 The dispute over Roberts’s eligibility arose in the midst of the 1994 election for members of the House of Delegates. This Court on October 19, 1994, issued an order reversing the circuit court and holding that Roberts had been eligible to run [150]*150for the House of Delegates from District 14A. We now set forth the reasons for our order.

Both the appellee Steven S. Latón and the appellant Anthony Roberts were candidates in the 1994 primary election for the Republican nomination for delegate from District 14A. Latín, believing that Roberts did not satisfy the residency requirements to run for this office, filed on August 28,1994, in the Circuit Court for Montgomery County a petition for a writ of mandamus and for declaratory relief. Latón sought a declaration that Roberts failed to meet the minimum constitutional residency requirements for the House of Delegates from District 14A and an order that Roberts’s name be stricken from the election ballot. Latín named as defendants Anthony Roberts, the State Administrative Board of Election Laws, and the Board of Supervisors of Elections of Montgomery County.

The minimum residency requirement for the House of Delegates, set forth in Article III, Section 9, of the Maryland Constitution, is as follows: “A person is eligible to serve as a ... Delegate, who on the date of his election ... has resided in that district for six months next preceding that date.” The 1994 general election was held on November 8,1994. Thus, in order to have been eligible as a candidate for delegate from District 14A, Roberts must have resided in that district from May 8, 1994.

On September 2, 1994, following an evidentiary hearing, the Circuit Court for Montgomery County declared that Roberts did not meet the residency requirement for delegate from District 14A because he was not domiciled in that district as of May 8, 1994. The circuit court issued a writ of mandamus ordering the state and county election boards to remove Roberts’s name from the primary election ballot.

Roberts immediately noted an appeal to the Court of Special Appeals and filed in the Court of Special Appeals a motion to stay the judgment of the circuit court pending disposition of the appeal. On September 7, 1994, six days before the primary election, this Court issued a writ of certiorari prior to any proceedings in the Court of Special Appeals. On September 8, 1994, after hearing arguments on the motion for a stay, we granted the motion, ordered a stay of the circuit court’s [151]*151judgment, and directed the election boards to include Roberts’s name on the Republican primary ballot.

In the Republican primary election held September 13, 1994, Lakin lost by 78 votes to the winner, Patricia Faulkner.2 Roberts placed fourth out of the four candidates in the Republican primary, receiving 100 votes. At first glance, since both Roberts and Lakin lost the primary, it might appear that the case had become moot. Nevertheless, since the margin separating Lakin and Faulkner was less than the number of votes received by Roberts, Lakin theoretically could have won if enough of the 100 votes cast for Roberts had gone instead to Lakin. Thus, the results of the primary election did not render the case moot.

After the submission of briefs and oral argument, this Court, on October 19, 1994, three weeks before the general election, issued the per curiam order reversing the circuit court’s judgment.

The underlying facts of this case were presented by Roberts during his testimony at the September 2, 1994, trial in the circuit court. Roberts, the only person to testify, stated that, prior to January 1993, he lived in an apartment on Colgate Way, in Silver Spring, Maryland. This residence was in Legislative District 20. Roberts testified that he began living with his girlfriend at her house on Pamela Drive, in Silver Spring, in January 1993. The house on Pamela Drive was in Legislative District 14A.

Roberts further testified that he had his own set of keys to his girlfriend’s house, knew the combination to the alarm system, kept some of his clothing there, and cut the grass. Roberts stated that in December 1993, he formally transferred his church membership from a ehureh in District 20 to one within the boundaries of District 14A. Most importantly, before the critical date of May 8, 1994, and with the express intention of fulfilling the requirements to run for delegate from District 14A, Roberts changed his voter registration to reflect his move to Pamela Drive.

[152]*152While Roberts lived with his girlfriend at the Pamela Drive address, he continued to lease his apartment on Colgate Way through August 1994 and kept his furniture there. Roberts testified that he used the Colgate Way apartment as a business address to meet Maryland clients, as an escape when his allergies to his girlfriend's pets escalated, as a retreat from his girlfriend’s daughter with whom he did not always get along, and for its amenities including a pool and a racquetball court. He further explained that his girlfriend’s home was fully furnished and, therefore, there was neither room nor any need for his furniture. Additionally, the term of Roberts’s lease at the Colgate Way address did not expire until June 1994. After his lease expired, Roberts entered into a month-to-month lease that terminated at the end of August 1994. In August 1994, Roberts took steps to acquire an apartment in District 14A, and on September 1, 1994, he signed a lease for an apartment in District 14A, on Blackburn Lane.

Also in August 1994, Roberts and his girlfriend developed relationship problems, and Roberts began to stay overnight at the Colgate Way address a majority of the time.3 Nevertheless, during this same period in August 1994, Roberts had the address on his driver’s license changed to the house on Pamela Drive and filed a change of address with the post office, listing his new address as the house on Pamela Drive.

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Bluebook (online)
665 A.2d 1024, 340 Md. 147, 1995 Md. LEXIS 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-lakin-md-1995.