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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1280   View pdf image (33K)
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1280 ARTICLE 33.

An. Code, sec. 84. 1904, sec. 82. 1896, ch. 202, sec. 77.

92. In the canvass of votes by the canvassing hoard for the city or
county herein provided said hoard shall, unless otherwise provided in the
constitution of this State, declare who is elected to any city or county office
or to any office voted for only within the territory of such city or county.

For a case in which mandamus to direct the Governor to issue a commission under
art. 33, sec. 70, of the Code of 1888, was refused because of imperfections in election
judges' certificates as to number of votes cast, etc., see Brown v. Bragunier, 79 Md.
237.

An. Code, sec. 85. 1904, sec. 83. 1896, ch. 202, sec. 78. 1906, ch. 544, sec. 83.

93. If, upon proceeding to canvass the votes, it shall clearly appear to
the canvassing hoard for the city or county that in any statement or tally
sheet produced to them certain matters are omitted which should have been
inserted, or that any mistakes exist, they shall immediately issue a subpoena
to the judges and clerks who made said return, and said judges and clerks
shall forthwith attend and shall make such corrections as the facts of the
case require, but such changes shall not alter any decision before duly made
by them, but shall cause the canvass to be correctly stated; and the said
board of canvassers are authorized to adjourn from day to day for the
purpose of obtaining and receiving such corrected statements, such adjourn-
ment not to extend beyond three days.

This section does not authorize canvassers to correct mistakes. No mistake held
to have been made. Intention of this section is that such corrections as are authorized
by it should be promptly made. See notes to sec. 80. Canvassers of Election v
Noll, 127 Md. 306.

This section referred to in construing section 83; see notes thereto. Price v.
Ashburn, 122 Md. 524.

An. Code, sec. 86. 1904, sec. 84. 1896, ch. 202, sec. 79.

94. Whenever it shall be made to appear by affidavit that errors have
occurred in the determination of the board of canvassers of any county or
city in the State, the circuit court of the county or the superior court of
Baltimore city may by order require said board to correct such errors or
show cause why such corrections should not be made; and in event of the
failure of said board to make such corrections, or show cause aforesaid,
said court may compel said board by writ of mandamus to correct such
errors, and if said board of canvassers shall have made its determination and
dissolved, said court may compel it to convene for the purpose of making
such corrections. For the purpose of making such corrections as the court
shall order, the meeting of the board of canvassers shall be deemed a con-
tinuation of its regular session, and the statements and certificates shall be
made and filed as the court shall direct, and so far as the same shall vary
from the original statements and certificates, the statements and certificates
made under the order of court shall stand in lieu thereof, and shall in all
cases have the same effect as if such corrected statements had been a part
of the original statement required by law. The practice in said cases shall
be as in mandamus proceedings, and the court shall determine the time for
the speedy hearing thereof, in its discretion; and for the purpose of service

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1280   View pdf image (33K)
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