NATIONAL FEDERATION OF THE BLIND v. LAMONE

No. 14-2001.

813 F.3d 494 (2016)

NATIONAL FEDERATION OF THE BLIND; Kenneth Capone; Melissa Riccobono; Janice Toothman, Plaintiffs-Appellees, v. Linda H. LAMONE, State Administrator, State Board of Elections, in her official capacity; David J. McManus, Jr., Chairman, State Board of Elections, in his official capacity; Bobbie S. Mack, Member, State Board of Elections, in her official capacity; Patrick J. Hogan, Member, State Board of Elections, in his official capacity; Michael R. Cogan, Member, State Board of Elections, in his official capacity; Kelly A. Howells, Member, State Board of Elections, in her official capacity, Defendants-Appellants, and American Council of the Blind of Maryland; Verifiedvoting.Org; Saveourvotes.Org; Cindy Labon; Charles Crawford; Jane Sheehan, Intervenors. Civil Rights Education and Enforcement Center; Maryland Disability Law Center; Adapt Maryland; American Civil Liberties Union; Arc Maryland; Arc of the United States; Association of Assistive Technology Act Programs; Disability Law Center for Virginia; Disability Rights Advocates; Disability Rights Bar Association; Disability Rights Education & Defense Fund; Disability Rights North Carolina; Freedom Center; Image Center for People with Disabilities; Independence Now; Judge David L. Bazelon Center for Mental Health Law; League for People with Disabilities; Maryland Developmental Disabilities Council; Maryland Disabilities Forum; National Association of the Deaf; National Disability Rights Network; On our Own of Maryland; Paralyzed Veterans of America; People on the Go; Protection and Advocacy for People with Disabilities; Southern Maryland Center for Independent Living; United Spinal Association; West Virginia Advocates; United States of America, Amici Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 9, 2016.


Attorney(s) appearing for the Case

ARGUED: Julia Doyle Bernhard , Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellants. Jessica Paulie Weber , Brown, Goldstein & Levy, LLP, Baltimore, Maryland, for Appellees. Thomas Evans Chandler , United States Department of Justice, Washington, D.C., for Amicus United States of America. ON BRIEF: Brian E. Frosh , Attorney General of Maryland, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellants. Daniel F. Goldstein , Brown, Goldstein & Levy, LLP, Baltimore, Maryland, for Appellees. Amy F. Robertson , Civil Rights Education and Enforcement Center, Denver, Colorado; Alyssa R. Fieo , Maryland Disability Law Center, Baltimore, Maryland, for Amici Civil Rights Education and Enforcement Center, Maryland Disability Law Center, ADAPT Maryland, American Civil Liberties Union, Arc Maryland, Arc of the United States, Association of Assistive Technology Act Programs, disAbility Law Center for Virginia, Disability Rights Advocates, Disability Rights Bar Association, Disability Rights Education & Defense Fund, Disability Rights North Carolina, Freedom Center, IMAGE Center for People with Disabilities, Independence Now, Judge David L. Bazelon Center for Mental Health Law, League for People with Disabilities, Maryland Developmental Disabilities Council, Maryland Disabilities Forum, National Association of the Deaf, National Disability Rights Network, On Our Own of Maryland, Paralyzed Veterans of America, People on the Go, Protection and Advocacy for People with Disabilities, Southern Maryland Center for Independent Living, United Spinal Association, and West Virginia Advocates. Vanita Gupta , Principal Deputy Assistant Attorney General, Mark L. Gross , Civil Rights Division, United States Department of Justice, Washington, D.C., for Amicus United States of America.

Affirmed by published opinion. Judge FLOYD wrote the opinion, in which Judge GREGORY and Judge DUNCAN joined.


Maryland allows any voter to vote via absentee ballot. A voter may obtain a blank hardcopy absentee ballot by mail, fax, or by downloading and printing one from a website. The hardcopy ballot must be marked by hand, signed, and returned via mail or hand-delivery to the voter's local election board.

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