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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1454   View pdf image (33K)
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1454 ARTICLE 33

dates of the party which nominated him. The same rule would apply if a candidate
were nominated by two parties. Fisher v. Dudley, 74 Md. 243. (See sec. 99.) And
as to the act of 1890, see Lankford v. Somerset County, 73 Md. 105.

Cited but not construed in Wells v. Munroe, 86 Md. 447.

Cited in construing Sec. 83. Iverson v. Jones, 171 Md. 649.

An. Code, 1924, sec. 51. 1912, sec. 43. 1904, sec. 42. 1896, ch. 202, sec. 38. 1914, ch. 751.

1922, ch. 399.

85. A candidate for public office, including candidates for the office of
United States Senator from Maryland, may be nominated otherwise than by
a convention or primary election in the manner following: A certificate
of nomination containing the names of a candidate for office to be filled with
such information as is required to be given in certificate provided for in
Section 84 of this Article, with the additional statement that the persons
signing the same intend to vote for the person nominated thereby shall be
signed by voters in numbers as follows residing.in the political division in
and for which the officer is to be elected—that is to say: The number of
signatures so required shall not be less than two thousand when the nomina-
tion is for an office to be filled by an election participated in by the voters
of the entire State, and not less than fifteen hundred, when the nomination
is for an office to be filled by an election to be participated in by the voters
of an entire Congressional district or of the City of Baltimore, and not less
than seven hundred and fifty when the nomination is for an office to be
filled by an election to be participated in by the voters of the entire cities
of Annapolis, Frederick, Cumberland, or Hagerstown, and not less than
five hundred for nominations for all other elections; and provided also,
that the said signatures need not all be appended to one paper, but if the
signatures be appended to more than one paper, all such papers must be
fastened together and filed as one certificate. Each signer shall append to
his signature his residence, occupation and place of business, and every
such paper shall be accompanied by an affidavit or affidavits made before a
justice of the peace by one or more persons known personally to the justice
and so certified by him and signed by the affiant or affiants to the effect that
the signers are known to such affiant or affiants to be registered voters of the
district or precinct in which they respectively reside and that the said affiant
or affiants personally saw the signers, in regard to whom he or they make
others, sign such paper; and any wilfully false statement in such affidavit
or affidavits or affirmation shall be deemed a misdemeanor and shall subject
the person making the same to the fines and penalties prescribed by the
law of this State for the crime of perjury. No person who has been a
candidate for nomination by a political party at the primary elections pre-
ceding a general election shall be nominated for an office to be filled at such
general election in the manner prescribed by this section.

Certificate of nomination, signed as provided by this section, is valid though oaths
administered by notaries instead of justices of the peace. Soper v. Jones, 171 Md. 643.

Candidate of new party may be nominated as provided in this section. Iverson v.
Jones, 171 Md. 649.

Mandamus lies to compel supervisors to place name of a nominee by certificate upon
ballot; after certificate has been once presented in due form, signatures cannot be
withdrawn so as to make it invalid. Sterling v. Jones, 87 Md. 143.

Mandamus will not issue to compel the board of supervisors to treat a certificate of
nomination as void and to omit name of nominee from ballot. Duvall v. Swann, 94
Md. 616.

Under act of 1890, ch. 538, a candidate who was nominated by a political party
and also by petition, is entitled to a place on the ticket Mother than with candidates
of party which nominated him. Same rule would apply if candidate were nominated
by two parties. Fisher v. Dudley, 74 Md. 243. (See sec. 99.) And as to act of 1890,
see Lankford v. Somerset County, 73 Md. 105.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1454   View pdf image (33K)
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