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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 587   View pdf image (33K)
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ART. 33] PRIMARY ELECTIONS. 587

been canvassed and finally announced or which may exist by reason of
there being no candidate for the same in any such primary election or
otherwise, shall be filled as the rules and regulations of the governing
bodies for the respective parties in the counties, city or State may now
or shall hereafter provide.

This section is broad enough to include a case where two candidates
receive an equal number of votes, and in such case there is a vacancy
within the meaning of this section. Action of newly elected state central
committee in designating a nominee held valid. Usilton v. Bramble, 117
Md. 12 (decided prior to the act of 1912, chapter 2).
See notes to sections 47, 178 and 185.

1910, ch. 741, sec. 160L (p. 126). 1912, ch. 2, sec. 160L.

189. The provisions, all and singular, from sections 89 to 117 of
this article, both inclusive, and the offenses defined and the penalties
and punishments prescribed therefor in said sections, respectively, shall
be fully applicable in all respects to the same persons, matters and
omissions in connection with or pertaining to the primary elections of
any primary election held under this article, sub-title "Primary Elec-
tions"; and said sections are hereby made applicable to all primary
elections provided for and held hereunder; except the penalty upon the
vote seller, etc., so as not to conflict with section 199A, which places the
penalty on the vote buyer alone, and any judge, clerk or other officer
of any primary election, or any voter or other person, except the vote
seller as aforesaid, who would be deemed guilty of any offense against
the General Election Law, or under provision or provisions thereof, in
a general election, who is found guilty of the same offense in any
primary election, as herein provided for, shall be deemed guilty of the
same crime of which his offense is made to consist by and under the
General Election Law, and particularly under any of the above-men-
tioned sections, respectively, thereof, and shall be liable to the same
punishment or penalty as is prescribed for such sections thereof; pro-
vided, that sections 190 to 199, of this article with respect to offenses,
penalties and punishments under the Primary Election Law shall have
full force and effect in all cases to which the same are applicable.

Where a repealing law contains a substantial re-enactment of the pre-
vious law, the operation of the latter continues uninterrupted. There is
nothing in this section as re-enacted by the act of 1912, chapter 2, which
imposes any additional penalty or affects the rights of any person under
section 191, or under this section, of which the traverser can complain.
Cochran v. State, 119 Md. 543.

190.

Cited but not construed in Cochran v. State, 119 Md. 547.

191.

This section was not repealed nor in any way affected by the act of
1912, chapter 2, and there is nothing in section 189 as re-enacted by said
act which imposes any additional penalty or affects the rights of any
person under section 189 or under this section, of which the traverser can
complain. An indictment held to correctly charge the offenses set out in
this section. Since an indictment was based upon this section, an instruc-

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 587   View pdf image (33K)
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