The State Board of Elections made the decision last month to pursue legal action that could allow them to count mail-in ballots earlier.
A spokesperson for the State Board of Elections says they filed the petition in Montgomery County Circuit Court earlier this month.
She added that there is a hearing scheduled in the case on the 20th and that Judge James Bonifant is expected to give his decision on Friday, September 23rd.
Republican Gubernatorial candidate Dan Cox told WMAR-2 News Thursday afternoon that he had filed an opposition to the petition.