1456 ARTICLE 33

of nominations for offices where the certificate is required to be filed with
the Supervisors of Elections, with the Board of Supervisors of Elections
not later than fifteen days before the day on which the primary election is
held or should be held under the primary election law; and in case of any
vacancy which may exist in respect to any office or Delegates to Conven-
tion, by reason of their being no candidate to file for the same in any
such primary election such vacancy shall be filled and the certificate of
nomination filed with the Secretary of State or the Board of Supervisors
of Elections as the case may be, not later than fifteen days before the
day on which the primary is held or should be held under the primary
election law.

The requirement that certificates of nomination be filed not less than 15 days
before primary applies to certificates of nomination filed by independent candidates
under sec. 85. Tull v. Fitzgerald, 167 Md. 429.

This section does not require certificate of nomination to be filed with secretary
of state personally, but it should be filed in his official office at Annapolis; it does
not follow that if such certificate were delivered to the secretary of state in person
elsewhere (than in Annapolis), and he accepted it, this section would not be complied
with. If certificate is delivered to office of the secretary of state at Annapolis, his
absence would not prevent certificate being filed within meaning of this section.
Where chairman of a political party calls personal office of secretary of state on
telephone, and is told that he is out of the state and will so remain until a certain
date, and no attempt is made to deliver the certificate until that date, certificate is
not filed until such date. How time within which certificates are to be filed under this
section is computed. This section is mandatory and not directory merely, as to time
of filing certificates of nomination. This section applies to persons nominated under
sec. 241. When certificates of nomination are filed too late under this section, they
are "inoperative" within meaning of sec. 94, and nominations to fill vacancies may
be made as provided in latter section. Vacancies which exist by reason of there being
no candidates for offices at primary elections are not within meaning of sec. 94. History
of this section. Graham v. Wellington, 121 Md. 659.

This section does not require nomination certificates for municipal offices to be
filed with election supervisors nor with any other official; where such practice exists,
such certificate need not be filed within fifteen days before a city election. Injunction
refused. Annapolis v. Gadd, 97 Md. 735.

Cited but not construed in Duvall v. Swann, 94 Md. 616.

An. Code, 1924, sec. 56. 1912, sec. 48. 1904, sec. 47. 1896, ch. 202, sec. 43.

91. Not less than eighteen days before an election to fill any public
office, the secretary of state shall certify to the supervisors of elections of
each county within which any of the voters may, by law, vote for candidates
for such office, the name and description of each person nominated for such
office, as specified in the certificates of nomination filed with the secretary
of state, and shall certify the same to the supervisors of elections of Balti-
more City, if any of the voters of said city may by law vote for candidates
for such office.

The eighteen days' certification required of the Secretary of State means eighteen
clear days. Iverson v. Jones, 171 Md. 649.

Secs. 91-93 referred to in construing sec. 90. Tull v. Fitzgerald, 167 Md. 434.

This section referred to in construing secs. 90 and 94—see notes to the former.
Graham v. Wellington, 121 Md. 661.

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

An. Code, 1924, sec. 57. 1912, sec. 49. 1904, sec. 48. 1896, ch. 202, sec. 44. 1908, ch. 614.

1910, ch. 456 (p. 103). 1912, ch. 1. 1912, ch. 124. 1914, ch. 307, sec. 48.

1918, ch. 51, sec. 49. 1924, ch. 424.

92. Within not less than two nor more than ten days before an elec-
tion to fill any public office, the Supervisors of Elections of each county
and in the City of Baltimore shall cause to be published by one insertion
in two or more newspapers within such county, except in Howard County
where the Supervisors of Elections may publish in one newspaper, and in
all the daily papers published in said city which will publish the same at