ELECTIONS 1539

the State or of any county or municipality thereof such board shall adjourn
over and their canvass shall be suspended until the appeal, review, recount
and recanvass herein provided for shall have been completed, so that said
board shall make their certificate conform to the action and finding and to
the certificate given by said Supervisors of Elections so sitting as judges
of election on appeal.

Nothing in this section shall affect or prejudice any rights of any person
to contest the result of any primary election or to institute proceedings to
invalidate the same.

Supervisors are required to exercise judgment and discretion in discharge of their
duties and act in a Quasi judicial capacity under this section. The court will not substi-
tute its judgment for that of supervisors by granting a mandamus compelling latter
to reject certain ballots and count others; see notes to sec. 130. White v. Laird, 127
Md. 121.

This section contemplates that petition should be addressed to and filed with board
of election supervisors; when court action is invoked; fixing amount of bond—applica-
tion to court. Time of service of copy of petition—Sundays included. Yerkes v. Board
of Supervisors, 140 Md. 459.

The court has no right to review the decision of the supervisors rejecting certain
ballots found to be improperly initialed and cannot issue writ of mandamus to compel
another count. Fitzgerald v. Quinn, 159 Md. 544.

Cited but not construed in Dorsey v. Ennis, 167 Md. 450.

An. Code, 1924, sec. 218. 1912, sec. 200. 1910, ch. 741, sec. 2 (p. 131).

256. Nothing in this sub-title shall be taken or construed to repeal or
modify the provisions of the existing law providing for and regulating the
manner of making independent nominations for any office.

An. Code, 1924, sec. 219. 1912, sec. 201. 1910, ch. 249 (p. 131).

257. In the event of any vacancy occurring because of the death or resig-
nation of any person nominated for any State or judicial office, or as a
candidate for member of the congress of the United States, under the pro-
visions of the preceding sections of this article, beginning with section 229,
such vacancy shall be filled by the state central committee, or governing
body for the State, of the political party to which said nominee belongs; and
in the event of any vacancy occurring because of the resignation or death of
any person nominated for any office in any county of this State under the
provisions of the aforesaid preceding section of this article, such vacancy
shall be filled by the state central committee, or governing body of the party
to which said nominee belongs of the county in which any such vacancy
occurs.

Senatorial Primaries.

An. Code, 1924, sec. 220. 1912, sec. 214. 1914, ch. 761.

258. All the provisions of all Sections of Article 33 of the Code of
Public General Laws of Maryland, title "Elections," sub-title "Primary
Elections," for and relating to the nomination of candidates for States
offices, that is to say, offices filled by the vote of all of the registered voters
of the State of Maryland, are hereby extended and declared to be applicable
to the nomination of candidates for the office of Senator from Maryland in
the United States Senate, and all candidates of the several political parties
subject to the provisions of said sections of this Article, for the office of
Senator aforesaid shall be nominated in accordance with the provisions, and
in all respects of said Sections in same manner as candidate for State
offices aforesaid are by said Sections required to be nominated; and the