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§ 16-1004. Violations Of § 16-201 Of This Title -- Injunctive Relief.

§ 16-1004. Violations of § 16-201 of this title -- Injunctive relief.

   (a) In general. --

   (1) Except as provided in paragraph (2) of this subsection, the Attorney General may institute an action in a circuit court of the State for injunctive relief in accordance with the Maryland Rules to prohibit a person from committing an imminent violation or continuing to commit a violation of § 16-201 of this title.

   (2) (i) This paragraph applies if the Attorney General is a candidate in a contest on the ballot in an election.

      (ii) The Attorney General may not seek injunctive relief under paragraph (1) of this subsection if a violation of § 16-201 of this title is committed by:

         1. the Attorney General;

         2. a person acting on behalf of the Attorney General;

         3. a candidate who is opposing the Attorney General in a contest on the ballot; or

         4. a person acting on behalf of a candidate who is opposing the Attorney General in a contest on the ballot.

      (iii) The State Prosecutor may seek injunctive relief in accordance with this section in any circumstance in which the Attorney General is prohibited from seeking injunctive relief under subparagraph (ii) of this paragraph.

(b) Conditions for injunction. -- Injunctive relief may be granted under this section only:

   (1) to prevent a violation of § 16-201 of this title from affecting a pending election; and

   (2) based on a showing by clear and convincing evidence that a violation of § 16-201 of this title is imminent or is being committed.

(c) Hearing and determination. -- The circuit court shall hear and determine the matter as soon as practicable after filing of the application.

(d) Remedy not precluding other remedies. -- The grant of a remedy by the circuit court under this section does not preclude any other remedy available to a person under State or federal law.

(e) Jurisdiction. -- The circuit court shall:

   (1) have jurisdiction over any proceeding instituted in accordance with this section; and

   (2) exercise its jurisdiction without regard to whether a person asserting a right under this section has exhausted any administrative or other remedy available to that person under law.

(f) Appeals. --

   (1) An appeal of a decision of the circuit court under this section shall be taken directly to the Court of Appeals within 5 days of the date of the decision.

   (2) The Court of Appeals shall give priority to hear and decide an appeal brought under paragraph (1) of this subsection as expeditiously as the circumstances require.

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Local Government
Maryland
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Larry Hogan
Larry Hogan
January 21, 2015 -
Republican
1-410-974-3400
100 State Circle, Annapolis, MD, 21401

Keywords
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