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Session Laws, 1945
Volume 589, Page 1577   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1577

State Senate, shall submit the same to the President of the
Senate of Maryland; or when the election is for Governor or
Delegate to the House of Delegates of the General Assembly
of Maryland, or a Judge, or a Clerk of a Court of Law, or a
Register of Wills, to the Speaker of the House of Delegates
of Maryland, or when the election is for a State's Attorney, to
the judges having criminal jurisdiction of the county and city
wherein he shall be elected. In case such petition relates to
any other office than those above referred to, the trial judge
or judges shall file immediately with the Governor his or their
decision or the finding or verdict of the jury in cases where
there has been a jury trial, as to whether or not the successful
candidate, or a political committee or treasurer or political
agent, acting for or in his behalf, was so guilty of corrupt prac-
tices, and said trial judge or judges shall also file with the
Governor his or their decision, and as to whether or not, upon
the findings in such case, such election was void as hereinafter
provided. If the said case shall be heard and tried by two
judges, and they shall differ as to whether any such candidate
in person, or in the person of his political agent, was so guilty
of corrupt practices, or whether any such election was so void,
they shall immediately so certify to the Secretary of State, or
to the Governor, as the case may be, and they shall also file
a transcript of the evidence with such certificate. In case the
decision or finding so to be filed with the Governor shall be
that any successful candidate so petitioned against was in per-
son, or in the person of a treasurer or sub-treasurer or his
political agent, or through any political committee acting for
or in his behalf, so guilty of corrupt practices, such election
shall be void, except as hereinafter provided, and in case of
such void election the Governor shall, within five days after
the receipt of such decision, issue his proclamation declaring
such election void, and the vacancy in the office to have been
filled by said election shall be filled in the same manner as
would be required by law in case said vacancy had arisen from
the death of the successful candidate after his election. If any
candidate shall have been so found or decided to have been so
guilty in person of corrupt practices, he shall be ineligible to
election or appointment to any public office or employment for
the period of four years from the date of said election;. but
the mere finding or decision that his political agent was so
guilty shall not render him ineligible to office; but where the
judge or judges shall decide or certify upon his or their jury's
findings in any case that any such successful candidate was
guilty of corrupt practices only in the person of his agent, and
that (a) no corrupt practice was committed by the candidate
personally and the offense was committed contrary to his order
and without his sanction or connivance; (b) the offense was of
a trivial, unimportant and limited character; (c) in all other

 

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Session Laws, 1945
Volume 589, Page 1577   View pdf image (33K)
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