clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 896   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

896 ELECTIONS. [ART. 33

1904, art. 33, sec. 82. 1896, ch. 202, sec. 77.

84. In the canvass of votes by the canvassing board for the city or
county herein provided said board shall, unless otherwise provided in
the constitution of this State, declare who is elected to any city or
county office or to any office voted for only within the territory of such
city or county.

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. 237.

Ibid. sec. 83. 1896, ch. 202, sec. 78. 1906, ch. 544, sec. 83.

85. If, upon proceeding to canvass the votes, it shall clearly appear
to the canvassing board for the city or county that in any statement or
tally sheet produced to them certain matters are omitted which should
have been inserted, or that any mistakes exist, they shall immediately
issue a subpoena to the judges and clerks who made said return, and
said judges and clerks shall forthwith attend and shall make such
corrections as the facts of the case require, but such changes shall not
alter any decision before duly made by them, but shall cause the canvass
to be correctly stated; and the said board of canvassers are authorized to
adjourn from day to day for the purpose of obtaining and receiving such
corrected statements, such adjournment not to extend beyond three days.

Ibid. sec. 84. 1896, ch. 202, sec. 79.

86. Whenever it shall be made to appear by affidavit that errors,
have occurred, in the determination of the board of canvassers of any
county or city in the State, the circuit court of the county or the
superior court of Baltimore city may by order require said board to
correct such errors or show cause why such corrections should not be
made; and in event of the failure of said board to make such correc-
tions, or show cause aforesaid, said court may compel said board by
writ of mandamus to correct such errors, and if said board of canvassers,
shall have made its determination and dissolved, said court may compel
it to convene for the purpose of making such corrections. For the pur-
pose of making such corrections as the court shall order, the meeting
of the board of canvassers shall be deemed a continuation of its regular
session, and the statements and certificates shall be made and filed as
the court shall direct, and so far as the same shall vary from the orig-
inal statements and certificates, the statements and certificates made
under the order of court, shall stand in lieu thereof, and shall in all
cases have the same effect as if such corrected statements had been a
part of the original statement required by law. The practice in said
cases shall be as in mandamus proceedings, and the court shall determine
the time for the speedy hearing thereof, in its discretion; and for the
purpose of service of papers and other proceedings the board of can-
vassers, as organized and existing at the time of making the original
canvass, shall be deemed a continuing board. There shall be the same
right of appeal as in other mandamus cases, but such appeal shall be

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 896   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives