1274 ARTICLE 33.

Prince George's County, Calvert County, Charles County, St. Mary's
County, Cecil County, Kent County, Queen Anne's County, Talbot
County, Caroline County, Dorchester County, Wicomico County, Somerset
County and Worcester County.

This section and secs. 78, 82, 83, 84 and 85 referred to as showing the care taken by
legislature to secure honest counts and returns and in deciding that canvassers may
not give a candidate more votes than the four certificates signed by six election
officials show he had, merely because they find three more marks on one of two
tally sheets. Presumption is that clerks performed duty required of them by this
section, i. e., compared their tallies and ascertained total number of votes for each
candidate. Canvassers of Election v. Noll, 127 Md. 305.

The words " deceitfully folded," construed. Clause with reference to marking
more names than there are persons to be elected, applied. Duvall v. Miller, 94 Md.
697.

As to when ballots were properly marked and when improperly, and when they
are valid and when invalid under act of 1896, ch. 202, sec. 66, as amended by act
of 1901, ch. 2, see Coulehan v. White, 95 Md. 703.

This section referred to in discussing question of whether a bill proposing an
amendment to Constitution, contained distinct legislation requiring signature of
Governor. Warfield v. Vandiver, 101 Md. 131 (dissenting opinion).

See notes to secs. 75 and 83.

An. Code, sec. 73A. 1912, ch. 492. 1914, ch. 225, sec. 71A.

81. This section shall apply only to Anne Arundel County, in which
county the judges shall open the ballot-box and count and announce the
whole number of ballots in the box, they shall reject any ballots which are
deceitfully folded together, and any ballots which do not have endorsed
thereon the name or initial of the Judge who held the ballots; if the voter
has marked more names than there are persons to be elected to any office,
or if there shall be any mark on the ballot other than the cross-mark in a
square opposite the name of a candidate, or other than the name or names
of any candidate written by the voter on the ballot as provided in Section
62, his ballot shall not be counted. Ballots not counted for such defects shall
be marked "defective" on the back thereof and shall be wrapped in a
separate package and returned to the ballot-box as hereinafter directed. No
vote shall be counted for any candidate opposite whose name no cross-mark
shall be placed, and no ballot shall be rejected solely because any part or
portions of the cross-mark extends beyond the square, if the point of inter-
section of the cross-mark is within the square. They shall open the ballots
and all of them shall be canvassed separately by one of the judges sitting
between two other judges, which judge shall call out each name and the
office for which it is designated and the other judges looking at the ballot
at the same time, and the clerks making tally of the same. When all the
ballots have been canvassed in this manner, the election clerks shall compare
their tallies together and ascertain the total number of votes received by
each candidate, and when they agree upon the numbers one of them shall
announce in a loud voice to the judges the aggregate number of votes
received by each candidate. If requested by any watcher or challenger
present at any canvass, it shall be the duty of the judges and each of them to
exhibit to such watcher or challenger any ballot cast, fully opened or in such
condition and manner that he may fully read and examine the same, but
the judges shall not allow any ballot to be taken from their hands. As the
ballots are counted they shall be strung upon a strong twine.