ART. 33] NOMINATIONS. 871

1904, art. 33, sec. 42. 1896, ch. 202, sec. 38.

43. A candidate for public office may be nominated otherwise than
by a convention or primary election in the manner following: A certi-
ficate of nomination containing the names of a candidate for the office
to be filled with such information as is required to be given in cer-
tificates provided for in section 42 of this article, with the additional
statement that the persons signing the same intend to vote for the
person to be nominated thereby shall be signed by voters in numbers
as follows residing in the political division in and for which the officer
is to be elected—that is to say: The number of signatures so required
shall not be less than five hundred when the nomination is for an office
to be filled by an election participated in by the voters of the entire
State, and not less than three hundred when the nomination is for an
office to be filled by an election to be participated in by the voters of an
entire congressional district or of the entire cities of Baltimore, Annap-
olis, Frederick, Cumberland or Hagerstown, and not less than two hun-
dred for nominations for all other elections; and provided also, that
the said signatures need not all be appended to one paper, but if the
signatures are appended to more than one paper all such papers must
be fastened together and filed as one certificate. Each signer shall
append to his signature his residence, occupation and place of business,
and every such paper shall be accompanied by an affidavit or affidavits
made before a justice of the peace by one or more persons known per-
sonally to the justice and so certified by him and signed by the affiant
or affiants to the effect that the signers are known to such affiant or
affiants to be registered voters of the district or precinct in which they
respectively reside and that the said affiant or affiants personally saw the
signers, in regard to whom he or they make oath, sign such paper; and
any wilfully false statement in such affidavit or affidavits or affirmation
shall be deemed a misdemeanor and shall subject the person making
the same to the fines and penalties prescribed by the law of this State
for the crime of perjury.

Mandamus lies to compel the supervisors to place the name of a nominee
by certificate upon the ballot; after the certificate has been once presented in
due form, signatures can not be withdrawn so as to make it invalid. Ster-
ling v. Jones, 87 Md. 143.

Mandamus will not issue to compel the board of supervisors to treat a
certificate of nomination as void and to omit the name of the nominee from
the ballot. Duvall v. Swann, 94 Md. 616.

Under the act of 1890, ch. 538, a candidate who was nominated by a polit-
ical party and also by petition, is entitled to a place on the ticket other than
with the candidates of the party which nominated him. The same rule would
apply if a candidate were nominated by two parties. Fisher v. Dudley, 74
Md. 243. (See sections 55 and 56.) And as to the act of 1890, see Lankford
v. Somerset County, 73 Md. 105.

Ibid. sec. 43. 1896, ch. 202, sec. 39.

44. Certificates of nominations shall be filed with the secretary of
state for the nomination of members of congress or of candidates for
offices to be filled by voters of the entire State or of any division of a
greater extent than one county. For all other nominations to public