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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1278   View pdf image (33K)
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1278 ARTICLE 33.

destroyed said ballots and poll books, also all of the said tallies and state-
ments or returns, and shall record in the same book a certificate of the
fact.

While ballot boxes are not to be opened so as to permit acts of sworn officers to
be enquired into without an adequate and well-defined cause, yet when an indict-
ment has been returned by a grand jury, a sufficient prima facie.ca.se has been made
out for opening boxes. Inspection and count of the ballots held proper in a criminal
case. Grand jury held to have had right to have ballot box and ballots before them,
and that presence of police commissioner and supervisor of elections in grand jury
room for purpose and in mariner testified to by them, did not prejudice traverser.
Cochran v. State, 119 Md. 550.

Where boxes have been kept as required, ballots may be examined by the court
in case of a contest. Leonard v. Woolford, 91 Md. 627.
See notes to sec. 90.

Canvassing Boards.

An. Code, sec. 79. 1904, see. 77. 1896, ch. 202, sec. 72. 1906, ch. 544, sec. 77.

87. It shall be the duty of the said county commissioners, clerks of
court, mayor, register of wills and supervisors of elections, respectively,
to keep safely, under lock and key, the said original statements or returns
and tally-sheets until the board of canvassers for the county or city, as the
case may be, shall have assembled and been organized according to law, as
hereinafter provided; whereupon the clerks of court, county commissioners,
mayor, register of wills and supervisors of elections shall immediately
deliver or transmit to such board of canvassers the said statements or
returns and tally-sheets in the sealed envelopes.

An. Code, sec. 80. 1904, sec. 78. 1896, ch. 202, sec. 73.

88. The supervisors of elections shall constitute a board of canvassers
for their county or city, as the case may be.

An. Code, sec. 81. 1904, sec. 79. 1896, ch. 202, sec. 74.

89. On the Thursday next following every election between the hours
of 12 o'clock noon and 1 o'clock in the afternoon, the board of county can-
vassers shall meet at the usual place for holding the circuit court for the
county, and the board of canvassers for Baltimore city shall meet at the
usual place for holding the superior court, and shall, respectively, elect a
chairman and secretary from their number. Each member of the board
shall take an oath, which shall be administered and recorded by the clerk
of the said court, to truly canvass, add up and declare the votes as required
by law. At their first meeting a majority of the whole board shall be a
quorum. If a majority shall not attend on the Thursday aforesaid, the
canvassers present shall adjourn to the next day, when they shall meet again
between the same hours, and the canvassers then attending, although less
than a majority of the whole number, shall organize themselves as a board,
and shall perform the duties required by law, and all questions arising in
the course of their proceedings be determined by a majority of the canvassers
so attending. All the sessions, deliberations and proceedings of the board
shall be public, and the candidates and their counsel shall have the right to
attend and to inspect the original statements and returns, and all other
documents and records.
See notes to sec. 92.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1278   View pdf image (33K)
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