ART. 33] PRIMARY ELECTIONS. 581

name a cross-mark made with a black pencil does not appear on the
ballot when voted.

The words "shall be held and conducted and determined" refer to the
primary election, and not to a contest of such an election after it is over.
Foxwell v. Beck, 117 Md. 3 (decided prior to the act of 1912).

See notes to section 73 (as it stood in 1911) in volume 1 of the Anno-
tated Code.

1910, ch. 741, sec. 160K (p. 123). 1912, ch. 2, sec. 160K.

188. Every candidate for the nomination for a State office; that is
to say, an office filled by the vote of all the registered voters of the State
of Maryland, shall be nominated by conventions, the delegates to which
shall be elected in accordance with the provisions of this article by the
direct vote of the registered voters belonging to the political party of
which the candidate is a member, and whose nomination for such office
he is seeking; the ballots in such cases shall contain the names of the
candidates for public office, delegates to party conventions and manag-
ing bodies, executives or executive committee, to be voted for as pro-
vided in the aforegoing sections, and in addition thereto and in the
same manner the names of all candidates for state offices, who have duly
qualified to have their names placed upon such ballot in the manner
provided by this article.

In case there are only two candidates for any State office, then the
one receiving the highest vote in any county or legislative district shall
receive the vote of the delegates from such county or legislative district
in the State Convention, and the result shall be so certified by the
Supervisors of Elections as hereinafter provided.

In case there are more than two candidates for any State office, there
shall be provided on the ballot two squares opposite the name of each
of said candidates, which shall be designated from left to right as
"First Choice" and "Second Choice," respectively, so that each voter
may indicate his first and second choice or preference by placing a
cross-mark in the appropriate squares as aforesaid. Such cross-marks
to be made in the same manner as other cross-marks for voting at pri-
mary elections under this article for Baltimore City and the several
counties of this State, respectively.

If the voter marks the same candidate for first choice and also for
second choice, then such ballot shall only be counted for "First Choice"
for said candidate and shall not be counted at all for "Second Choice";
if for second choice only it shall be counted for first choice.

The tally sheet for such candidates for State offices shall be so ar-
ranged as to show plainly and distinctly how the individual voters vot-
ing for any certain candidate (John Smith, for instance), indicated
their second choice or preference from among the remaining candidates