Republican gubernatorial candidate Dan Cox to appeal order allowing October ballot counting in Maryland

September 27, 2022

Baltimore Sun

Republican gubernatorial nominee Dan Cox has filed a notice of appeal and is seeking an emergency order to block the early counting of Maryland’s mail-in ballots, set to begin Saturday under an order issued last week by a Montgomery County Circuit Court judge.

Ed Hartman, an attorney for Cox, said he filed a notice of appeal Tuesday morning.

The appeal would challenge a ruling by Judge James A. Bonifant, who sided with the Maryland State Board of Elections in its request to begin counting ballots earlier than state law allows in hopes of avoiding delays in results like those Maryland experienced after the July primary.

Bonifant’s opinion dismissed an argument from Cox, whose attorneys said that such a move would violate the separation of powers established in the state constitution. The situation did not constitute an emergency, they also argued.