892 ELECTIONS. [ART. 33

and clerks. If any judge or clerk shall decline to sign such return he
shall state his reason therefor in writing and a copy thereof, signed by
himself, shall be enclosed with each return. Each of the statements
shall be enclosed in an envelope which shall then be securely sealed with
sealing wax or other adhesive material, and each of the judges and
clerks shall write his name across the fold of the envelope. One of the
envelopes shall be directed to the clerk of the circuit court of the county,
or the superior court of Baltimore city, as the case may be, and one to
the county commissioners or to the mayor of the city of Baltimore, as
the case may be. Each set of tallies shall also be signed by the election
clerks and the judges of election, and each shall be enclosed in an
envelope securely signed and sealed as aforesaid, one of which shall be
addressed to the board of supervisors of election and the other to the
register of wills. If any judge or clerk shall decline to sign said set
of tallies, or either of them, he shall state his reason therefor in writing,
and a copy thereof, signed by himself, shall be enclosed with each tally
sheet. On the outside of every envelope shall be endorsed the statement
that it contains the votes cast or the tallies, and for what precinct, ward
city or county.

Where there are four judges and two clerks and the return is signed by
only one Judge and one clerk, the others stating their reasons for not signing,
the ballots may be counted in a proceeding to determine the result of the
election. Coulehan v. White, 95 Md. 704.

For a case in which, mandamus to direct the governor to issue a commis-
sion under article 33, section 70 of the code of 1888, was refused because of
imperfections in the election judges' certificates as to the number of votes
cast, etc., see Brown v. Bragunier, 79 Md. 236.

1904, art. 33, sec. 74. 1896, ch. 202, sec. 69.

76. The "spoiled" and "not voted" ballots, as defined in section 70,
shall be enclosed in a package to themselves and endorsed "spoiled and
not voted;" the "rejected" and "defective" ballots, as defined in said
section and section 73, shall be enclosed in a package to themselves and
endorsed "rejected and defective." The poll-books and the ballots cast
and counted, as well as the two before-mentioned packages of "spoiled,"
"not voted," "rejected" and "defective" ballots shall be placed in the
ballot-box, and the ballot-box shall then be locked and the key removed,
whereupon the judges of election shall all write their names upon a
strip of paper of sufficient length for the following purposes. Said strip
of paper shall then be pasted over the keyhole of said ballot-box and
over the slit in the lid, in such manner that the signatures shall extend
across the place of the opening of the lid, and so that when the box is
opened it will tear the paper and destroy the signatures, and so that
when the key is inserted in the keyhole it will tear the paper so pasted
over the keyhole. Such paper shall be securely fastened in the box with
sealing wax or some other adhesive material.

Ibid. sec. 75. 1896, ch. 202, sec. 70.

77. Thereupon, in Baltimore city, one of the judges shall take charge
of the ballot-box and its contents so enclosed, and another judge repre-