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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 913   View pdf image (33K)
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ART. 33] CONTESTED ELECTIONS. 913

registered, duly and properly arranged for such additional voting
precincts, and for the entering upon such registry books persons entitled
to be newly registered thereon; the cost of such subdivision and prepa-
ration of proper registry books shall be paid by the county commis-
sioners of the counties in which such subdivisions shall be made upon
proper requisitions and vouchers presented by the boards of supervisors
of elections. The boundaries of said additional precincts established
under this section shall be made known by advertisement in two news-
papers in said counties, once a week for three successive weeks, before
the first day of September in each year in which such subdivision is
made. Said newspapers to be designated as provided in other cases
under this article where advertisements are required to be made in at
least two newspapers.

Under this section, supervisors are authorized not only to sub-divide elec-
tion districts by providing additional districts, but also to change the area
and boundaries of those already existing, and to establish new polling places
and to have new registry books prepared. This authority may be exercised
from time to time as public convenience requires. Brome v. Dorsey, 99
Md. 608.

1904, art. 33, sec. 126. 1896, ch. 202, sec. 118.

128. The board of supervisors of elections in the city of Baltimore
shall, moreover, in every year in which such division is made, cause
to be prepared maps of said city, showing the boundaries of the wards
and precincts as established by said board. They shall furnish a suffi-
cient number of copies of such maps to the officers of registration of
each precinct, who shall keep one or more copies of such maps conspic-
uously posted in the offices of registration during their sittings, and
the said board shall furnish copies of such maps to any person who
shall apply for the same and pay fifty cents for each map so furnished
him.

Contested Elections.

Ibid. see. 127. 1888, art. 33, sec. 93. 1860, art. 35, sec. 52.
1896, ch. 202, sec. 119.

129. All contested elections for comptroller of the, treasury, judges,
clerks of the courts of law, and registers of wills shall be decided by
the house of delegates, and the testimony shall be taken in such cases
in the same manner as herein prescribed in the contested seats of the
senate and house of delegates.

Upon the return of the judges of election, if the governor issues a com-
mission to A., he is entitled to the office pending a contest before the house
of delegates. The Issuance of the commission terminates the official tenure
of the predecessor. Upon a peittion for mandamus to obtain possession of
an office, the court of appeals is confined to the determination of the legal
right of the petitioner to the office. The house of delegates alone can go
behind the election returns. Brooke v. Widdicombe, 39 Md. 386.

The decision of the house of delegates is final and conclusive; its Jurisdic-
tion is not special or limited. When the house of delegates declares a man
elected to an office, he is in the same position as if he had been so returned
by the Judges of election. State v. Jarrett, 17 Md. 309.

As to Inquiry by committees on elections of the two houses, as to whether
any member-elect is in default to the treasury, see art. 69, sec. 7.
58

 

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The Annotated Code of the Public Civil Laws of Maryland, 1911
Volume 372, Page 913   View pdf image (33K)
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