A new lawsuit in Maryland is challenging the state's referendum on offering in-state tuition to some undocumented immigrants.
Maryland's board of elections certified a petition in July to put the law known as Maryland's 'DREAM Act' on the ballot in 2012. The law -- passed by the General Assembly this year and signed by the Gov. Martin O'Malley -- would offer in-state college tuition to some undocumented immigrants.
Attorneys for some students and the immigrant group Casa de Maryland, who filed the lawsuit Monday, say the board of elections was wrong to certify the petition for the referendum.
Attorney Joe Sandler says the state funding involved puts it in a category of laws that cannot be put on the ballot.
Sandler also says the board of elections improperly validated thousands of signatures gathered online, which he claims makes them susceptible to fraud.
Del. Patrick McDonough (R-Md.), who helped organize the petition drive against the measure, described the lawsuit as frivolous, without merit and a sign of desperation.