ANNAPOLIS, Md. — Election Day is a month away from Saturday but the battle over when to count mail-in ballots in Maryland is not over yet.
Some voters may have already received ballots after mail-in ballots started going out last week.
However, whether those ballots will be able to be counted before Election Day instead of after is still up in the air.
Friday morning at 10, a Maryland Court of Appeals judge will hear arguments from both Republican gubernatorial candidate Dan Cox and the Maryland State Board of Elections.
It was just two weeks ago on September 23rd, when a Montgomery County circuit judge ruled election officials could start counting mail-in votes before polls close on Election Day.
Before that ruling, mail-in ballots could not be counted or even opened until two days after an election according to Maryland law.
After the July primary, it took several days, even weeks to call some tight races across the state.
So, the State Board of Elections challenged the law and not only won but
a Court of Special Appeals also denied Dan Cox's request for a stay.
Now, the Court of Appeals will hear arguments from both sides.
Dan Cox plans to speak out on the steps of the court of appeals after the hearing.
Cox argues that the law states election boards must abide by election laws established by the Maryland legislature and not those by a court ruling.
Meanwhile, election board officials have said they would not reveal any results until after polls closed, but that being allowed to count early would help avoid any delays in providing voters with those results on election night.
