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Session Laws, 1939
Volume 581, Page 1369   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1369

to vote in the next town election. Upon the filing of such
petition the commissioners shall print such person's name
upon the ballot. Immediately upon the closing of the polls
the ballots shall be publicly counted and the said judges shall
within two days thereafter make a true and correct return of
the votes so cast in a sealed envelope to the chairman of the
said commissioners, and within ten days thereafter the said
commissioners shall meet and canvass said return and declare
those qualified persons receiving the highest number of votes
duly elected.

(b) In case two or more persons shall have received the
same number of votes so that there is no choice for the office,
a choice shall be made from among the tied candidates by the
elected candidates. Each elected candidate shall, for the pur-
pose of such choice, be entitled to cast for one of the tied can-
didates a number of votes equal to the number of votes re-
ceived in the election by such elected candidate in excess of
the number of votes received in the election by the tied can-
didates. The tied candidate or candidates receiving the high-
est number of elected candidates' votes shall be declared to be
elected to the office or offices.

If, after three such ballots have been cast, there remains any
elected office for which there is no choice of candidates, then
all such ballots shall be null and void and a new election shall
immediately be proclaimed by such Commissioners from among
the tied candidates, which election shall be held on ten days'
notice, and in all respects as provided in sub-section (a) of this
section, except as to the date of election and the convening of
the Commissioners.

(c) In case of a vacancy occurring in any elected office by
reason of death, resignation, removal from the said town of
Berwyn Heights, or otherwise, persons qualified under the pro-
visions of this Act to hold such office may be nominated by the
remaining members of the Board of Commissioners to serve
as Commissioner for the unexpired term of such office. A choice
from among the nominees shall be made by the Commissioners
in a manner in all respects the same as provided in sub-section
(b) of this section in the case of tied candidates, except that
in case an election is necessary to fill the office, such election
shall be open to all qualified persons.

(d) If, in any election, the number of candidates for office
does not exceed the number of offices to be filled, the chairman
of the existing Board of Commissioners shall proclaim the fact
and declare the candidate or candidates elected, and in such
event no election shall be held to fill such office or offices.

(e) Any false statement made under oath or affirmation as
provided for in this section and Section 25 of this sub-title for
the purpose of securing improper registration of the affiant's


 

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Session Laws, 1939
Volume 581, Page 1369   View pdf image (33K)
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