1532 ARTICLE 33

manner be issued to him forthwith, and his name, and the name of the
position for which he is a candidate shall be omitted from the said official
ballot, so that such official ballot of such political party shall contain only
the names of such candidates for position, offices, or delegates where there
are qualified contestants for such positions. Any vacancy which may exist
in respect to any office, delegates to convention, or position named in this
sub-title occurring after the returns have been canvassed and finally an-
nounced or which may exist by reason of there being no candidate for the
same in any such primary election or otherwise, shall be filled as the rules
and regulations of the governing bodies for the respective parties in the
counties, city or State may now or shall hereafter provide.

The nomination of candidates for the office of Senator from Maryland
in the United States Senate, as provided for in Section 258 of this Article,
shall be made according to the provisions of this section as amended.

Purchase of voting machines not invalid because ballot at primary by machine shows
names of each three candidates more than once, since machine precludes voter from
voting for any candidate more than once under Sec. 265. Jackson v. Norris, 174 Md. 579.

This section is broad enough to include a case where two candidates receive an
equal number of votes, and in such case there is a vacancy within meaning of this
section. Action of newly elected state central committee in designating a nominee
held valid. Usilton v. Bramble, 117 Md. 12 (decided prior to the act of 1912, ch. 2).

The provisions of this section as to the filling of vacancies applies to primary elec-
tions in Annapolis under sec. 3 of art. 2 of the Code of Public Local Laws. Rawlings v.
Russell, 165 Md. 267.

See notes to secs. 90, 229 and 238.

An. Code, 1924, sec. 204. 1912, sec. 189. 1910, ch. 741, sec. 160L (p. 126). 1912, ch. 2,

sec. 160L.

242. The provisions, all and singular, from sections 133 to 161 of this
article, both inclusive, and the offenses defined and the penalties and pun-
ishments prescribed therefor in said sections, respectively, shall be fully
applicable in all respects to the same persons, matters and omissions in
connection with or pertaining to the primary elections of any primary
election held under this article, sub-title "Primary Elections"; and said
sections are hereby made applicable to all primary elections provided for
and held hereunder; except the penalty upon the vote seller, etc., so as not
to conflict with section 254, which places the penalty on the vote buyer
alone, and any judge, clerk or other officer of any primary election, or any
voter or other person, except the vote seller as aforesaid, who would be
deemed guilty of any offense against the General Election Law, or under
provision or provisions thereof, in a general election, who is found guilty
of the same offense in any primary election, as herein provided for, shall
be deemed guilty of the same crime of which his offense is made to con-
sist by and under the General Election Law, and particularly under any
of the above-mentioned sections, respectively, thereof, and shall be liable
to the same punishment or penalty as is prescribed for such sections
thereof; provided, that sections 243 to 253, of this article with respect to
offenses, penalties and punishments under the Primary Election Law shall
have full force and effect in all cases to which the same are applicable.

Where a repealing law contains a substantial re-enactment of previous law, the
operation of the latter continues uninterrupted. There is nothing in this section as
re-enacted by act of 1912, ch. 2, which imposes any additional penalty or affects rights
of any person under sec. 244, or under this section, of which traverser can complain.
Cochran v. State, 119 Md. 543.