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79. Whenever it shall be made to appear by affidavit that
errors have occurred in the determination of the board of
canvassers of any county or city in the State, the Circuit Court
of the county or the Superior Court of Baltimore City may,
by order, require said board to correct such errors or show
cause why such corrections should not be made; and in the
event of the failure of said board to make such correction, or
show cause as aforesaid, said court may compel said board, by
a writ of mandamus, to correct such errors, and if said board
of canvassers shall have made its determination and dissolved,
said court may compel it to reconvene for the purpose of mak-
ing such corrections. For the purpose of making such correc-
tions as the court shall order, the meeting of the board of
canvassers shall be deemed a continuation of its regular ses-
sion, and the statements and certificates shall be made and filed
as the court shall direct, and, so far as the same shall vary
from the original statements and certificates, the statements
and certificates made under the order of court shall stand in
lieu thereof, and shall in all cases have the same effect as if
such corrected statements had been a part of the original state-
ment required by law. The practice in said cases shall be as
in mandamus proceedings, and the court shall determine the
time for the speedy hearing thereof, in its discretion; and
for the purpose of service of papers and other proceedings
the board of canvassers, as organized and existing at the
time of making the original canvass, shall be deemed a con-
tinuing board. There shall be the same right of appeal as in
other mandamus cases, but such appeal shall be taken within
five days from the date of the decision complained of, and
shall be heard and decided by the Court of Appeals as soon
after the transmission of the record as possible, and the testi-
mony taken in such cases shall be sent up to the Court of
Appeals as part of the record.
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Errors made
by boards of
canvassers.
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80. 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; 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 can-
vassers, proceed to make a statement of the whole number of
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Board of
State can-
vassers.
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