Case: Libertarian Party of Maryland v. Maryland State Board of Elections

1:18-cv-02825 | U.S. District Court for the District of Maryland

Filed Date: Sept. 11, 2018

Closed Date: Nov. 5, 2018

Clearinghouse coding complete

Case Summary

This was a case about alleged unfair ballot restrictions. On September 11, 2018, the Libertarian Party of Maryland sued the Maryland State Board of Elections in the U.S. District Court for the District of Maryland, asserting claims under 42 U.S.C. § 1983 alleging violations of its rights under the First and Fourteenth Amendments. The case was assigned to District Judge George Levi Russell III. Represented by a private attorney, the plaintiff sought injunctive relief to prohibit the State Board …

This was a case about alleged unfair ballot restrictions.

On September 11, 2018, the Libertarian Party of Maryland sued the Maryland State Board of Elections in the U.S. District Court for the District of Maryland, asserting claims under 42 U.S.C. § 1983 alleging violations of its rights under the First and Fourteenth Amendments. The case was assigned to District Judge George Levi Russell III. Represented by a private attorney, the plaintiff sought injunctive relief to prohibit the State Board of Elections from removing a candidate for Judge from the general election ballots. Plaintiffs also sought reasonable attorney’s fees and damages sustained as a result of the alleged unconstitutional acts. They claimed that the candidate was wrongfully excluded as a candidate for Judge of the Circuit Court for Prince George’s County. 

Previously, on July 25, 2018, four registered voters filed an action in the Circuit Court for Prince George’s County, against the candidate and the Maryland Libertarian Party to challenge the candidate's nomination.  Egbuonu v. Ademiluyi, No. CAL18-26458 (Md. Cir. Ct., Prince George’s Cty.). Maryland election law requires nominations by “minor” parties, including the Libertarian Party, to accord with the bylaws of the Party. Here, the candidate was not a member of the Libertarian Party, as was required by Party bylaws.

The plaintiff filed a motion to stay those state court proceedings on September 12, 2018. The defendant filed a response in opposition to the motion to stay on September 14, 2018. 

The plaintiff filed a motion for temporary restraining order and preliminary injunction on September 16, 2018. They claimed the public had an interest in voting for all nominees who are qualified to run for office, that they are likely to succeed on the merits, that the balance of equities weighed in their favor, and that they are likely to suffer irreparable harm in the absence of the requested relief. They sought a temporary restraining order to bypass the federal deadline for absentee ballot distribution and to delay preparation and distribution of ballots until the preliminary injunction hearing was held.

The defendant filed a response in opposition to the motion for temporary restraining order and preliminary injunction on September 18, 2018. They argued that the plaintiff was unlikely to succeed on the merits of their claim, that the plaintiff would not be irreparably harmed by the absence of preliminary relief, and that the balance of equities weighed in favor of denying the requested relief. The plaintiff filed a reply to the response to the motion for temporary restraining order and preliminary injunction on September 19, 2018, contending that they were likely to succeed on the merits, that the public interest is in favor of a preliminary injunction, and that irreparable injury to the plaintiffs is likely without the requested relief. 

A hearing on the plaintiff’s motion for preliminary injunction was held on September 20, 2018. On September 20, 2018, the Court denied the motion for temporary restraining order and denied as moot the motion to stay court proceedings, finding that the plaintiff did not demonstrate a clear likelihood of success on the merits.

On November 5, 2018, the plaintiff voluntarily dismissed the case. 

Summary Authors

LFAA (11/14/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7862716/parties/libertarian-party-of-maryland-v-maryland-state-board-of-elections/


Judge(s)

Russell, George Levi (Maryland)

Attorney for Plaintiff

Ademiluyi, April Teniade (Maryland)

Attorney for Defendant

Trento, Andrea William (Maryland)

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Documents in the Clearinghouse

Document
1

1:18-cv-02825

Complaint

Maryland v. Maryland

Sept. 11, 2018

Sept. 11, 2018

Complaint
2

1:18-cv-02825

Emergency Motion to Stay the State Court Proceedings and the Preliminary Injunction

Maryland v. Maryland

Sept. 12, 2018

Sept. 12, 2018

Pleading / Motion / Brief
8

1:18-cv-02825

Defendants' Opposition to Emergency Motion to Stay the State Court Proceedings and Preliminary Injunction

Maryland v. Maryland

Sept. 14, 2018

Sept. 14, 2018

Pleading / Motion / Brief
9

Memorandum of Law in Support of Emergency Motion for Temporary Restraining Order and Preliminary Injunction

Maryland v. Maryland

Sept. 16, 2018

Sept. 16, 2018

Pleading / Motion / Brief
12

Defendants' Corrected Opposition to Emergency Motion for Temporary Restraining Order and Preliminary Injunction

Maryland v. Maryland

Sept. 18, 2018

Sept. 18, 2018

Pleading / Motion / Brief
11

Defendants' Opposition to Emergency Motion for Temporary Restraining Order and Preliminary Injunction

Maryland v. Maryland

Sept. 18, 2018

Sept. 18, 2018

Pleading / Motion / Brief
13

Memorandum of Law Reply to Opposition of the Emergency Motion for Temporary Restraining Order and Preliminary Injunction

Maryland v. Maryland

Sept. 19, 2018

Sept. 19, 2018

Pleading / Motion / Brief
19

1:18-cv-02825

Plaintiff's Notice of Voluntary Dismissal

Maryland v. Maryland

Nov. 5, 2018

Nov. 5, 2018

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7862716/libertarian-party-of-maryland-v-maryland-state-board-of-elections/

Last updated Aug. 9, 2025, 9:13 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0416-7553760.), filed by Libertarian Party of Maryland. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Exhibit Ex1, # 3 Exhibit Ex2, # 4 Exhibit Ex. 3, # 5 Exhibit Ex. 4)(Ademiluyi, April) (Entered: 09/11/2018)

1 Civil Cover Sheet Cover Sheet

View on PACER

2 Exhibit Ex1

View on PACER

3 Exhibit Ex2

View on PACER

4 Exhibit Ex. 3

View on PACER

5 Exhibit Ex. 4

View on PACER

Sept. 11, 2018

Sept. 11, 2018

Clearinghouse
2

Emergency MOTION to Stay State Court Proceedings by Libertarian Party of Maryland (Attachments: # 1 Exhibit Ex1)(Ademiluyi, April) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

Clearinghouse
3

QC NOTICES re: 1 Complaint and 2 Motion to Stay filed by Libertarian Party of Maryland. ** (1) The following attachments are missing from complaint- prepared summons. Please file prepared summons using the event Notice (Other) and link prepared summons to 1 complaint. (2) The Memorandum to 2 Motion should have been filed as a separate PDF attachment to the motion. Please note for future that all attachments, including memorandums, must be in a separate PDF document (as correctly done with exhibits) and not combined with other documents. ** Thank you. (dass, Deputy Clerk) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

PACER
4

NOTICE by Libertarian Party of Maryland re 1 Complaint, Summons (Ademiluyi, April) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

PACER
5

Summons Issued 21 days as to Linda H Lamone, Maryland State Board of Elections.(dass, Deputy Clerk) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

PACER
6

Emergency MOTION to Amend/Correct 2 Emergency MOTION to Stay State Court Proceedings by Libertarian Party of Maryland (Attachments: # 1 Exhibit Ex1)(Ademiluyi, April) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

PACER
7

WAIVER OF SERVICE Returned Executed by Libertarian Party of Maryland. All Defendants.(Ademiluyi, April) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

PACER
8

RESPONSE in Opposition re 6 Emergency MOTION to Amend/Correct 2 Emergency MOTION to Stay State Court Proceedings, 2 Emergency MOTION to Stay State Court Proceedings filed by Linda H Lamone, Maryland State Board of Elections. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Trento, Andrea) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

Clearinghouse
9

Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Libertarian Party of Maryland (Attachments: # 1 Supplement Memorandum of Law, # 2 Exhibit 1 (Order), # 3 Exhibit 2 (Transcript), # 4 Exhibit 3 (Declaration), # 5 Text of Proposed Order)(Ademiluyi, April) (Entered: 09/16/2018)

Sept. 16, 2018

Sept. 16, 2018

PACER

Telephone Conference re: TRO/P.I. ECF No. 9 held on 9/17/2018 before Judge George Levi Russell, III. (kmts, Deputy Clerk)

Sept. 17, 2018

Sept. 17, 2018

PACER
10

ORDER memorializing agreements reached in telephone hearing; setting motions hearing and briefing schedule on emergency motions. Signed by Judge George Levi Russell, III on 9/17/2018. (dass, Deputy Clerk) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
11

RESPONSE in Opposition re 9 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Linda H Lamone, Maryland State Board of Elections. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Trento, Andrea) (Entered: 09/18/2018)

Sept. 18, 2018

Sept. 18, 2018

PACER
12

RESPONSE in Opposition re 9 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction CORRECTED VERSION filed by Linda H Lamone, Maryland State Board of Elections. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Trento, Andrea) (Entered: 09/18/2018)

Sept. 18, 2018

Sept. 18, 2018

PACER
13

REPLY to Response to Motion re 9 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Libertarian Party of Maryland. (Attachments: # 1 Memorandum in Support, # 2 Affidavit April Ademiluyi, # 3 Affidavit Bob Johnston, # 4 Affidavit Robert Glaser, # 5 Exhibit Emails)(Ademiluyi, April) (Entered: 09/19/2018)

Sept. 19, 2018

Sept. 19, 2018

PACER
14

ORDER denying 9 Emergency Motion for Temporary Restraining Order and Preliminary Injunction; denying as moot 2 Emergency Motion to Stay State Court Proceedings and Preliminary Injunction; denying as moot 6 Motion Emergency Motion to Supplement Emergency Motion to Stay the State Court Proceedings and the Preliminary Injunction. Signed by Judge George Levi Russell, III on 9/20/2018. (dass, Deputy Clerk) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
15

Motion Hearing held on 9/20/2018 re 9 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Libertarian Party of Maryland before Judge George Levi Russell, III.(Court Reporter: Nadine Gazic) (kmts, Deputy Clerk) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
16

NOTICE of Appearance by Andrea William Trento on behalf of All Defendants (Trento, Andrea) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
17

ORDER setting deadline to file joint status report. Signed by Judge George Levi Russell, III on 10/30/2018. (dass, Deputy Clerk) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER
18

NOTICE of Voluntary Dismissal by Libertarian Party of Maryland (Ademiluyi, April) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER
19

MARGINAL ORDER approving 18 Notice of Voluntary Dismissal filed by Libertarian Party of Maryland. Signed by Judge George Levi Russell, III on 11/5/2018. (dass, Deputy Clerk) (Entered: 11/06/2018)

Nov. 5, 2018

Nov. 5, 2018

RECAP

Case Details

State / Territory: Maryland

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 11, 2018

Closing Date: Nov. 5, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is the Libertarian Party of Maryland

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Maryland, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Voting Process Changes

Amount Defendant Pays: 0

Issues

Voting:

Candidate qualifications

Election administration

Voting: General & Misc.