Dan Cox, the Republican nominee in the Governor's race, released a statement Thrusday night arguing that the State Board of Election's attempt to allow mail-in votes to be counted earlier, is "unconstitutional."
The Board voted earlier this week to seek an emergency injunction from a Circuit Court to allow mail-in ballots to be counted earlier than they are currently allowed.
State law, currently requires waiting until the Thursday morning after the election to begin tabulating mail-in ballots.
"Although the delay in certifying elections by waiting to tally votes until after Election Day is argued by the Board as burdensome, it is in fact a protection against gaging (sic.) results of candidate votes prior to the day of voting while polls remain open."
-Cox Campaign Statment
However, the Board of Elections did make clear that the results would not be released before the closing of polling sites on election night.
But Cox's campaign statement went on to argue that a change by the court would be unconstitutional.
"Any such change by court order would be unconstitutional, because under both the United States and Maryland Constitutions only our state legislature can legally change election law. Additionally, voters would be counted under disparate and unequal standards, with Election Day votes not being tallied until after the close of the polls, while the mail-in balloting votes are tallied while the election is ongoing and in process."
-Cox Campaign Statement
Democratic candidate Wes Moore's campaign has not released any statement on this vote.
A bill to count ballots earlier did pass both chambers of the General Assembly earlier this year, but was vetoed by Governor Larry Hogan after the session ended.
