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HOFFMAN v. STATE OF MD.

No. 90-2665.

928 F.2d 646 (1991)

Thomas M. HOFFMAN; Timothy David Ulrich, Plaintiffs-Appellants, v. STATE OF MARYLAND; Maryland State Administrative Board of Election Laws; Margarette E. Crowder; Solomon N. Hoke; Barbara B. Kendall; Peggy Rae Pavlat; James W. Johnson, Jr., as members of the Board; Baltimore City Board of Supervisors of Elections; Marvin L. Cheatham; Lionel Murphy; Carl M. Adair, Board of Supervisors of Elections for Baltimore City, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 22, 1991.

Attorney(s) appearing for the Case

John H. Morris, Vanable, Baetjer and Howard, argued (Michael H. Davis, Mitchell Y. Mirviss, Charles G. Byrd, Jr., Gregory A. Cross, Venable, Baetjer and Howard, Kathleen McDermott, Weinberg and Green, Allan Loucks, Smith, Somerville & Case and Susan Goering, American Civ. Liberties Union of Md., on brief), Baltimore, Md., for plaintiffs-appellants.

Jack Schwartz, Asst. Atty. Gen., argued (J. Joseph Curran, Jr., Atty. Gen., Andrew H. Baida, Asst. Atty. Gen., on brief), Baltimore, Md., for defendants-appellees.

Before WIDENER and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

WIDENER, Circuit Judge:

This case is a constitutional challenge to Maryland's voter purge statute. The statute requires that registered voters who have not voted in the last five years be removed from the rolls by cancellation of their registration. At the time this action was filed, Thomas Hoffman and Timothy David Ulrich, the appellants, were among those voters to be removed from the rolls because they had not voted in the last five years. They filed suit in the...

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