Circuit Court for Baltimore City

Case No. C-24-CV-24-001361 IN THE SUPREME COURT

Argued: August 28, 2024

OF MARYLAND

No. 35

September Term, 2023

 ______________________________________

BENEDICT J. FREDERICK, III, ET AL.

v.

BALTIMORE CITY BOARD OF 

ELECTIONS, ET AL.

______________________________________ 

Fader, C.J.,

Booth,

Biran,

Gould,

Eaves,

Killough,

Glenn T. Harrell, Jr.

(Senior Justice, Specially 

Assigned),

JJ.

Filed: August 29, 2024

______________________________________

PER CURIAM ORDER

______________________________________
BENEDICT J. FREDERICK, III, ET 

AL.

v. 

BALTIMORE CITY BOARD OF 

ELECTIONS, ET AL.

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 IN THE

 SUPREME COURT 

 OF MARYLAND

 No. 35

 

 September Term, 2023

PER CURIAM ORDER

Upon consideration of the filings by Benedict J. Frederick, III, et al., the appellants,

1

and the Baltimore City Board of Elections, et al., the appellees,

2 and oral argument 

conducted on August 28, 2024, 

Whereas, Renew Baltimore submitted a petition to amend the Baltimore City 

Charter to include a cap on the City’s real property tax rate beginning in fiscal year 2026; 

and

Whereas, the Election Director of the Baltimore City Board of Elections denied 

certification of the petition as he determined that the petition would lead to a result 

prohibited by law; and 

Whereas, the appellants filed a complaint on July 12, 2024 and an amended 

complaint on July 18, 2024; and

1 The other named appellants are Matthew W. Wyskiel, III and Stacie Teal-Locust.

2 The other named appellees are Armstead B.C. Jones, Sr., Director of the Baltimore 

City Board of Elections; Scherod C. Barnes, President of the Baltimore City Board of 

Elections; and the Mayor and City Council of Baltimore. The State Board of Elections is 

also an appellee but has not taken a position on the merits of the dispute.
2

Whereas, on July 26, 2024, the appellants filed an emergency petition for judicial 

review or alternatively for summary judgment, the Baltimore City Board of Elections filed 

a motion to dismiss or alternatively for summary judgment, and the Mayor and City 

Council of Baltimore filed a motion for summary judgment; and

Whereas, the parties participated in a hearing on August 8, 2024, before the circuit 

court; and

Whereas, on August 9, 2024, after a hearing, the circuit court signed orders granting

summary judgment in favor of the Baltimore City Board of Elections and the Mayor and 

City Council of Baltimore and denying the appellants’ motion for summary judgment; and

Whereas, the appellants noted a direct appeal from the circuit court’s judgment to 

this Court pursuant to § 6-209(a)(3)(ii) of the Election Law Article; and

Whereas, on August 28, 2024, this Court held oral argument,

Now, therefore, for reasons to be stated later in an opinion to be filed, it is this 29th 

day of August, 2024, by the Supreme Court of Maryland, 

ORDERED, that the Orders signed by the Circuit Court for Baltimore City on 

August 9, 2024 granting summary judgment in favor of the Baltimore City Board of 

Elections and the Mayor and City Council of Baltimore and denying the appellants’ motion 

for summary judgment are hereby AFFIRMED. The circuit court correctly determined

that the proposed charter amendment impermissibly sets the property tax rate in a manner 

inconsistent with § 6-302(a) of the Tax Property Article and, therefore, cannot be presented 
3

on the November 2024 general election ballot. Costs are to be paid by the appellants and 

the mandate shall issue forthwith. 

 /s/ Matthew J. Fader 

 Chief Justice