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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1538   View pdf image (33K)
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1538 ARTICLE 33

of procedure as the Supervisors of Elections shall prescribe by means of
tellers appointed by them on the recommendation of and with equal repre-
sentation to the opposing candidates. The said supervisors to pass upon
and decide whether any ballot contested by the teller for either side shall
be rejected or counted. They shall sit for said purpose in the court room of
the Superior Court of Baltimore City or of the Circuit Court for the county
as the case may be every day, including Saturdays, at least from nine o'clock
A. M. to five o'clock P. M., with one hour's intermission for lunch until said
review, recount and recanvass is completed. Said recount shall be had in
the presence of the candidates or their representatives and of the press and
general public. Upon the completion of said recount and recanvass the said
Supervisors shall award the costs of the same as follows:

If the result in such county, municipality, legislative district or other
district or political division as returned by the judges of election is changed
thereby or if there is a change thereby of two per cent, of the total votes
recounted the costs shall be awarded against the municipality or county in,
which said recount is held. But if the result in such county, municipality
or legislative district or other political division is not changed thereby nor
two per cent, or more of the votes therein recounted is found to have been
erroneously counted, then the costs shall be awarded against the petitioner,
and his bond, if given as above, shall be liable therefor.

In case said petition only specifies a part of the precincts in which the
petitioner was voted for and if on completion of said review and recount
of such specified precincts the result of the count of the judges of election
in said county, municipality, district or other political division is thereby
changed, then the opposing candidate thus affected may appeal within
two days of the said determination, to said Supervisors of Elections from
the action and decision of the judges of election in counting the ballots
and/or certifying the .votes recorded upon the voting machines in the
remaining precincts of said county, municipality, ward, legislative district
or other political division in which he was voted for and ask them to recount
and recanvass said remaining precincts, which they shall immediately
proceed to do, and in each such case the cost of the completion of said
recount and recanvass shall be paid by the county or municipality, as the
case may be.

Whenever such appeal from the determination, and action of the judges
of election is held as aforesaid and completed the said supervisors shall
correct the returns and certificate of any canvassing board which may have
been made of said primary election and shall give to the person so found to
be nominated as a candidate or selected as a delegate or member of a party
committee or other position as the result of said recount a new certificate
of nomination or election in conformity with the result of said recount and
recanvass and shall certify the same to the proper authorities as said candi-
date's certificate of nomination or selection.

And the corrected certificate of nomination or selection given as afore-
said as the result of such recount shall supersede and stand in lieu ,of and
in place of any certificate of nomination given by any canvassing board and
shall have all the effect in law of the ordinary certificate given by, any can-
vassing board under the provisions of the primary laws of this State which
it will thus supersede to the extent of the territory covered by said review
and recount.

And upon such petition and appeal as is herein provided for being filed
before the completion of any canvass by the ordinary canvassing board of


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1538   View pdf image (33K)
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