Residency Case For Anne Arundel House Opponents Heads Back To Supreme Court

By Bryan P. Sears, Maryland Matters

April 7, 2026

The attorney for an Anne Arundel legislative challenger has already appealed to the Supreme Court of Maryland, after a circuit court judge ruled Monday morning that John Dove Jr. does not live in the district where he hopes to run.

Anne Arundel County Circuit Court Judge Robert J. Thompson ordered Dove’s name stricken from the primary election ballot but immediately stayed his order pending the expected appeal. The Supreme Court set a schedule for filings Monday afternoon and said it will hear arguments in the case next Monday, April 13.

Tiffany Alston, a state delegate who is representing Dove, has argued that her client has until early May under the state constitution to move into the district and a family home where his wife grew up. Dove filed to run in District 12B, the seat currently held by Del. Gary Simmons (D-Anne Arundel), who challenged Dove’s residency.

“I think the judge got it right the first time, and for whatever reason, this time, he ruled differently,” Alston said, referring back to the March 16 hearing before Thompson.

“It is unfortunate that any person running in a democracy would go through these lengths to get rid of a challenger, especially when they themselves are embattled and may not even be qualified when it comes time to vote because of possible indictments,” Alston said, referring to news reports that Simmons has potential campaign finance violations.

Thompson blocked attempts by Alston to raise those alleged violations in court, saying it was not relevant to the case involving her client’s residency.

Residency fight between Anne Arundel Democrats heads back to Circuit Court

Thompson said that Dove fell victim “to bad timing,” juggling various situations regarding possible renovations of a home in his new district and the one where he has lived for years. While it might have been Dove’s intent to move, Thompson said “he hasn’t perfected that.”

Monday’s appeal is the second in the case. The state’s highest court on March 30 ordered the challenge filed by Simmons be sent back to the lower court, after Thompson ruled Simmons’ challenge was not ripe because the Maryland Constitution gives a candidate six months from the election to move into the district. That six-month clock would give Dove until May 3.

The high court ordered Thompson to not only determine if Dove met the residency requirement but also to rule on whether Dove “misrepresented his residential address on the certificate.”

In his eight-page memorandum Monday, Thompson said the testimony of a private investigator hired to tail Dove and Dove’s own testimony indicated the challenger had not abandoned his Gambrills home.

“He followed the instructions of the Supreme Court,” said Simmons’ attorney, Robbie Leonard, to reporters outside the courtroom. “And once we read the opinion of the Supreme Court, we knew it would be impossible for Mr. Dove to establish residency.”

Additionally, Thompson wrote that “If, on February 24 [the deadline to file for election], Mr. Dove did not live at the 284 Caldwell Road address, then it was a misrepresentation.”

Dove, who filed to challenge Simmons on Feb. 24, had earlier filed a change of address for his voter registration from his home on Bluegrass Way in Gambrills to the Pasadena address.

The case attracted a number of other Anne Arundel County Democrats. Del. Mike Rogers and Sen. Shaneka Henson were both in attendance Monday.

Dove’s attorney in the first hearing — former Sen. Jill Carter — successfully argued that the constitution’s six-month provision meant her client had until May 3 to move into a home on Caldwell Road in Pasadena. The home is owned by Dove’s father-in-law and residents along the street there are family.

Unbeknownst to Dove, he was being followed by a private investigator hired by Sen. Clarence Lam (D-Anne Arundel and Howard), who represents the same district as Simmons and is an ally of the delegate’s.

Dove acknowledged in testimony Monday that he slept in the Pasadena house only the night before the hearing.

When asked why by Leonard, Dove responded: “Because I knew you would ask me.” On the witness stand, Dove said he had slept at the Gambrills' home Saturday evening into Easter Sunday.

“Mr. Dove obviously contends that he lives in District 12B,” Lam told reporters outside the courtroom. “I look forward to having him as a future constituent.”

The three-hour hearing included meandering testimony from both sides on where Dove lived at various times dating back to his years in the military. It also included a painstaking and detailed accounting by a private investigator about his weeks of watching both homes.

That included a hidden piece of tape on the front door and garage door of the Pasadena home to ensure no one entered or left the home at times when it was not directly observed. The investigator said the tape was intact at each return visit.

Thompson continued to push Alston, who was 20 minutes late to the hearing, and Leonard to streamline their cases. The Supreme Court, in its order last week, required Thompson to issue a ruling by noon and that any notice of appeal be filed by 4 p.m. Monday. Thompson missed his deadline by minutes.

The court appears on track to decide the case in time for the April 20 deadline to certify the ballots. The ballots are then sent for printing three days later.

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