1480 ARTICLE 33

A contest over an election to office of clerk of a circuit court must be made before
the house of delegates in accordance with art. 4, sec. 12, of the Constitution; this,
however, does not affect power of court to require canvassers to correct errors as
provided in this section. A suggestion that judges and clerks be summoned to make
a correction "in accordance with the finding, decision and determination of board of
canvassers," denied. Canvassers of Election v. Noll, 127 Md. 306.

This section held not to justify issue of a mandamus compelling supervisors of
elections to reject certain ballots and count others. The powers of the canvassers (who
are the same as the supervisors) are wholly different from those of supervisors under
sec. 255. White v. Laird, 127 Md. 132.

See notes to art. 5, sec. 49.

An. Code, 1924, sec. 95. 1912, sec. 87. 1904, sec. 85. 1896, ch. 202, sec. 80. 1914,

ch. 474, sec. 85.

131. The Secretary of State, Comptroller, Treasurer, Clerk of the
Court of Appeals and Attorney General shall constitute the Board of State
Canvassers, three of whom shall be a quorum. The Secretary of State shall
appoint the meeting of the said Board, to be held at his office within thirty
days after any State election, or any election at which a candidate for
United States Senator be elected; if a majority do not attend, those present
shall adjourn until the next day, at which time they shall proceed, without
further delay, to canvass the votes. The Board, when thus formed, shall
from the certified copies of the statements made by the boards of city and
county canvassers, proceed to make a statement of the whole number of
votes given at such election for the several candidates for the offices named
in said statements and thereupon proceed to determine and declare what
persons have been, by the greatest number of votes, elected to such offices,
and each of them; they shall make and subscribe on a proper statement a
certificate of such determination, and shall deliver the same to the Secre-
tary of State. If any one of the canvassers shall dissent from the decision
of the board, he shall state at large in writing, the reasons for such dissent.
If any of the acts or proceedings of the Board shall appear to any one of
the canvassers to be illegal and irregular, such canvassers shall protest
against the same, in writing, setting forth distinctly the grounds of his
protest; the canvassers so dissenting or protesting shall deliver his dissent
or protest, signed with his proper name, to the Secretary of State who shall
file the same in his office, and he shall also keep on file in his office the copies
of the statements made by the board of city and county canvassers. The
board shall have power to adjourn, from day to day, during a period not
exceeding five days.

An. Code, 1924, sec. 96. 1912, sec. 88. 1904, sec. 86. 1896, ch. 202, sec. 81. 1914,

ch. 474, sec. 86.

132. The Secretary of State shall record in his office, in a book kept by
him for that purpose, each certified statement and determination which
shall be delivered to him by the Board of State Canvassers, and every dis-
sent or protest which shall have been delivered to him by a canvasser. He
shall, without delay, transmit a copy under seal of his office, of such certified
determination to each person thereby declared to be elected, and a like copy
to the Governor, and he shall cause a copy of such certified statements and
determinations to be published in one newspaper in the City of Annapolis
and one in the City of Baltimore. In conformity with the statements and
determinations made as aforesaid, by the Board of State Canvassers, the
Governor shall issue commissions to the different persons elected, as now
provided by the Constitution and Laws of this State, and in addition the
Secretary of State shall likewise without delay transmit a copy under seal