840 ELECTIONS. [ART. 33

1901, art. 33, sec. 4. 1896, ch. 202, sec. 4.

4. In case of any vacancy in the number of said supervisors of elec-
tion occurring when the legislature is not in session, the governor shall
appoint some eligible person to fill such vacancy during the remainder
of the term of office of the person originally appointed; but if the latter
was appointed as the representative of a political party, then only a
person belonging to the same political party shall be eligible as his suc-
cessor; and it shall be the duty of the governor before appointing such
successor to request the State central committee representing such
political party in the county or city, as the case may be, to designate
candidates for such successor in the same manner as in the case of an
original appointment; and if the governor shall see fit not to appoint
any one of the persons so designated, he shall file his reasons for not
doing so as in the case of an original appointment, and he shall appoint
as and from list as provided in case of an original appointment.

Where a new law provides that supervisors holding under the old law
should continue to hold as though they had been appointed under the new
law, there is no vacancy which the governor is authorized to fill, although the
supervisors can not, under the new law, enter upon the discharge of their
duties until a subsequent date. Munroe v. Wells, 83 Md. 509.

This section construed in connection with article 70, section 11 of the code,
and article 2, section 11 of the Maryland constitution. If this section under-
takes to extend the term of the appointee to fill a vacancy, beyond the end of
the next legislative session, it must yield to the above constitutional provi-
sion. Sappington v. Slade, 91 Md. 647.

Ibid. sec. 5. 1896, ch. 202, sec. 4.

5. Each board of supervisors shall have an office and shall provide
all necessary ballot-boxes and ballots and all registry books, poll books,
tally sheets, blanks and stationery of every description, with printed
headings and certificates, necessary and proper for the registry of voters
and conduct of elections, and for every incidental purpose connected
therewith; and the expenses thereof shall be paid by the county or by
the mayor and city council of Baltimore, as the case may be, as above
provided. It shall be the duty of the county commissioners of the
several counties and of the mayor and city council of the city of Balti-
more to allow the reasonable use of the public buildings in their
respective counties and in said city by the election supervisors thereof,
and to light and heat the same for such use, and in all proper ways to
facilitate them in the discharge of their duties as such supervisors.

The county commissioners, held to be required to make a levy to pay an

indebtedness contracted by supervisors for primary election voting booths.

ballots, etc., incurred in accordance with a local law. Kenneweg v. Allegany

County, 102 Md. 129.

Ibid. sec. 6. 1896, ch. 202, sec. 6. 1898, ch. 356. 1902, ch. 296.

6. The board of supervisors of elections of the several counties may
have clerks, with the consent of the county commissioners, for their
respective counties, at such compensation as the said county commis-
sioners may fix. The supervisors of elections of the city of
Baltimore shall have a clerk at a salary of two thousand dol-