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Session Laws, 1958
Volume 619, Page 68   View pdf image (33K)
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68                                LAWS OF MARYLAND                        [CH. 38

PEAL AND RE-ENACT, WITHOUT CHANGE, certain refer-
ences to appeals

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PREVIOUSLY AMENDED TO
CONFORM TO the Rules of Practice and Procedure approved
and adopted by the Court of Appeals of Maryland on January 1,
1957 SHALL READ AS PROVIDED HEREIN and relating gen-
erally to the election laws of the State.

SECTION 1. Be it enacted by the General Assembly of Maryland,
That Sections 46 (e), 64 (a), 69 (d), 87, 139 (b), 146, 230 (a),
255, 258, 270 (d), 276 and 278 of Article 33 of the Annotated Code
of Maryland (1957 Edition), title "Elections", sub-titles, respec-
tively "Registration Appeals", "Primary Elections", "Certificates
of Nomination", "Recounts for Primary Elections", "Board of Can-
vassers", "Contested Elections", "CORRUPT PRACTICES", "Serv-
icemen's Absentee Voting" and "Voting By Mail in Baltimore City",
be and they are hereby repealed and re-enacted, with amendments,
to read as follows:

46 (e). Appeals.

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64. Conduct, (a) In general. Primary elections shall be held and
conducted and determined in the manner and form provided by this
Article for general elections and subject to all regulations, require-
ments and provisions as prescribed by this Article for general elec-
tions, insofar as the same [is] are or may be applicable to said pri-
mary elections, except as may be herein otherwise provided.

69 (d). Primary Meetings. The [certification] certificate of
nomination for any primary meeting shall contain the names of
each person nominated, the address of his residence, the nature of
his business and the name of the office for which he has been
nominated. It shall designate in not more than one word the party
or principle which the primary meeting represents. The presiding
officer and secretary of such primary meeting shall sign the certificate
giving their respective places of residence. They shall acknowledge
the certificate before an officer duly authorized to take acknowledg-
ments, who shall append a certificate of such acknowledgment thereto,

87. Affidavit or Bond. Such petition shall be filed with an affidavit
or affidavits, made by officers of election or by watchers, challengers
or other persons, setting forth acts of fraud, mistake, error or
irregularity in making said count or returns by the judges of elec-
tion, or setting forth that some of the returns and tally-sheets of
said primary election show on their faces ambiguity, error, fraud,
or mistake or miscalculation by the judges of election. If no such
affidavit [if] is filed with said petition, the petitioner in lieu thereof
may elect to give bond in an amount to be fixed in each instance and
approved by a Judge of the Supreme Bench of Baltimore City or
the Circuit Court for the county, as the case may be, to pay the
reasonable costs of said appeal, recount, review and recanvass.

139 (b). Procedure. The practice in such cases shall be as in
mandamus proceedings, and the court shall determine the time for

 

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Session Laws, 1958
Volume 619, Page 68   View pdf image (33K)
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