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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1522   View pdf image (33K)
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1522 ARTICLE 33

tional convention for such candidate for President as it may see fit, or
may send an uninstructed delegation to the national convention of such
party.

The Board of Supervisors of Elections in each county of the State and
of Baltimore City shall cause to be printed upon the Presidential primary
election ballots in each of said counties and in each legislative district of
Baltimore City, and beneath the name or group of names of any qualified
candidate or candidates for the nomination of President of any of such
parties and distinctly separated by appropriate lines from the name or
names of such qualified candidates and in plainly legible type the words
"For an Uninstructed Delegation" and to the right thereof a square for
the cross-mark of the voter in the same manner and relative location as the
square for the cross-mark is printed to the right of the name of any candi-
date upon the primary election ballots as in this sub-title provided, so that
such voters of the party who wish to vote for an uninstructed delegation
to the national convention of their party may do so; and if it shall appear
upon the count and canvass of the votes cast in said primary election that
a greater number of votes have been cast in such primary election in any
county of the State or legislative district of Baltimore City in favor of an
uninstructed delegation than for any candidate in said primary for the
nomination for President, the Supervisors of Election and Board of Can-
vassers for such county or legislative district shall so certify and the dele-
gation from each county or legislative district in the State convention of
the party shall vote in such State convention for an uninstructed delega-
tion to the national convention as long as in their conscientious judgment
it shall appear to them that there is any possibility of a majority of the
members of such State convention voting for an uninstructed delegation;
and if it shall so appear to any such delegation that there is no such possi-
bility, they shall vote in their discretion for instructions upon the part
of the State convention for such person for the candidate of their party
for President as they may deem wisest.

Any vacancy which may exist in the delegation of any of such parties
to any such national convention shall be filled in the manner prescribed
by Section 241 with respect to the filling of vacancies.

Act of 1908, ch. 737, was repealed by act of 1910, ch. 741 (p. 113). Where a repealing
law contains a substantial re-enactment of the previous law, the operation of latter
continues uninterrupted. Cochran v. State, 119 Md. 544.

There are no provisions or expressions in secs. 227 to 257 which in terms give a de-
feated candidate right to contest nomination of the one returned nominated. Foxwell
v. Beck, 117 Md. 3 (decided prior to the acts of 1912).

This section referred to in construing sec. 241—see notes thereto. Usilton v. Bramble,
117 Md. 13 (decided prior to the acts of 1912).

Aa to primary elections for United States Senator, see secs. 258 and 259.

Cited in construing Sec. 42. Iverson v. Jones, 171 Md. 649.

An Code, 1924, sec. 191. 1912, sec. 179. 1910, ch. 741, sec. 160B (p. 116). 1912, ch. 2.

1912, ch. 134.

230. Said primary elections by the political parties aforesaid shall be
annually held throughout this State, including Baltimore City, on a day
to be fixed by an agreement between the governing bodies of said parties for
the State not earlier than the eighth day of September not later than the
fifteenth day of September of and in each and every year, except in those
years in which there shall be an election of a President and Vice-President
of the United States, in which said presidential years the said primaries,
including primaries for nominating candidates for Congress, delegates from
the several counties and legislative districts of Baltimore City to the State


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1522   View pdf image (33K)
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