1470 ARTICLE 33

selected or by either said two clerks to show him as to how his ballot is to
be marked, but the only assistance which it shall be lawful for said mem-
ber of his family or for the clerks to give him is to mark the ballot as
he, without prompting or suggestion from them, or either of them shall
direct, but no ballot shall be marked under this section until a majority of
the judges of election shall be satisfied of the truth of the fact stated in such
affidavit. Voters who are not disabled by blindness or physical injury from
marking their ballots shall not be entitled to receive assistance in marking
them, and with the exception in favor of persons blind or incapable from
physical injury of marking their ballots without assistance, no distinction
or discrimination in the matter of assistance in marking ballots shall be
made for or against any duly registered voter for any other cause whatever.
The court declines to pass on constitutionality of act of 1901, ch. 2 (denying aid to
illiterates), but even if that act had not been passed so as to leave act of 1896, ch. 202,
as to illiterates being entitled to assistance, in force, a mandamus could not issue
directing the judges of election to give such assistance, since the act provided that it
was to be given by clerks. A mandamus directing such assistance will not be issued
after election is over, nor will mandamus be issued where defendants are only authorized
to act under conditions which do not exist in the case. Summerson v. Schilling, 94 Md.
605. And see Summerson v. Schilling, 94 Md. 589.

1937, ch. 95, sec. 76A.

112. The provisions of Sections 108, 109, 110 and 111 of this Article
shall not apply to elections held in those precincts in which voting machines
shall be used.

An. Code, 1924, sec. 77. 1912, sec. 70. 1904, sec. 68. 1896, ch. 202, sec. 63. 1937,

ch. 95, sec. 77.

113. Any voter who shall, by accident or mistake, spoil his ballot so
that he cannot conveniently vote the same may, on returning said spoiled
ballot to the judge holding the ballots, receive another in place of it, with
his name and the same number written on the coupon thereof, as on the
ballot so returned, but no voter shall receive more than three ballots from
said judge for the reason aforesaid. The ballots thus returned shall be
immediately cancelled by endorsing thereon the word "spoiled," and, to-
gether with those not distributed to the voters, shall be preserved and re-
turned to the Supervisors of Elections, as hereinafter provided. Every
voter who does not vote any ballot delivered to him shall, before leaving
the polling place, return such ballot to the judge from whom he received
it, and said returned ballot shall be retained as if said ballot had been
spoiled. When anyone claiming to be a person whose name appears upon
the registers shall make application for a ballot, his right to vote at that
election may be challenged, but shall not be determined until after he has
marked his ballot and delivered it to. the judge at the ballot box. The per-
son challenging shall assign his reason therefor, and one of the judges
shall thereupon administer to the person offering to vote an oath to make
true answers to questions, and if he shall take said oath, he shall be ques-
tioned by the judge or judges touching said cause of challenge, and he
may also be questioned by the person challenging him in regard thereto,
and if a majority of the judges are of opinion that he is the person so
registered, his vote shall be received accordingly. No one who is not regis-
tered as a qualified voter of the precinct shall be entitled to vote or to receive
a ballot, but no vote shall be rejected because of an error in the spelling
of the voter's name or because of the wrongful omission or addition of one
or more initials of his middle name or names, or because the voter gives