1474 ARTICLE 33

shall state his reason therefor in writing and a copy thereof, signed by
himself, shall be enclosed with each return. Each of the statements shall
be enclosed in an envelope which shall then be securely sealed with sealing
wax or other adhesive material, and each of the judges and clerks, shall
write his name across the fold of the envelope. In those precincts in which
no clerks shall have been appointed the above required endorsement shall
be made by the judges. One of the envelopes shall be directed to the clerk
of the circuit court of the county, or the Superior Court of Baltimore City,
as the case may be, and one to the county commissioners or to the Mayor of
the City of Baltimore, as the case may be. Each set of tallies shall also be
signed by the election clerks and the judges of election, and each shall be
enclosed in an envelope securely signed and sealed as aforesaid, one of
which shall be addressed to the Board of Supervisors of Elections and the
other to the Register of Wills. If any judge or clerk shall decline to sign
said set of tallies, or either of them, he shall state his reason therefor in
writing, and a copy thereof, signed by himself, shall be enclosed with each
tally sheet. On the outside of every envelope shall be endorsed the state-
ment that it contains the votes cast or the tallies, and for what precinct,
ward, city or county.

The provisions of this section as to the return of tallies shall not apply
to those precincts in which voting machines shall be used, but one of the
four return sheets for which provision is made by Section 275 of this Article
shall be addressed to the Board of Supervisors of Elections and one of said
return sheets to the Register of Wills.

Where there are four judges and two clerks and the return is signed by only one
judge and one clerk, the others stating their reasons for not signing, the ballots may
be counted in a proceeding to determine result of election. Coulehan v. White, 95 Md.
704.

For a case in which mandamus to direct Governor to issue a commission under art 33,
sec. 70, of Code of 1888, was refused because of imperfections in election judges' certifi-
cates as to number of votes cast, etc., see Brown v. Bragumer, 79 Md. 236.

The refusal of two judges and one clerk to sign usual return, does not invalidate
returns when such judges and clerk sign an alternative return which is authenticated in
accordance with this section. Purpose of portion of this section providing for alternative
return. When statutory provisions relating to elections are mandatory and when
directory. See notes to see. 126. Price v. Ashburn, 122 Md. 522.

See notes to sec. 116.

An. Code, 1924, sec. 84. 1912, sec. 76. 1904, sec. 74. 1896. ch. 202. sec. 69. 1937

ch. 95, sec. 84.

120. The "spoiled" and "not voted" ballots, as defined in Section 113,
shall be enclosed in a package to themselves and endorsed "spoiled and not
voted"; the "rejected" and "defective" ballots, as defined in said section
and Section 116, shall be enclosed in a package to themselves and endorsed
"rejected and defective." The poll-books and the ballots cast and counted,
as well as the two before-mentioned packages of "spoiled," "not voted,"
"rejected" and "defective" ballots shall be placed in the ballot-box, and the
ballot-box shall then be locked and the key removed, whereupon the judges
of election shall all write their names upon a strip of paper of sufficient
length for the following purposes. Said strip of paper shall then be pasted
over the keyhole of said ballot-box and over the slit in the lid, in such
manner that the signatures shall extend across the place of the opening of
the lid, and so that when the box is opened it will tear the paper and destroy
the signatures, and so that when the key is inserted in the keyhole it will
tear the paper so pasted over the keyhole. Such paper shall be securely
fastened in the box with sealing wax or some other adhesive material.