1226                             Laws of Maryland                       [Ch. 739

challengers or other persons, setting forth acts of fraud, mistake,
error or irregularity in making said count or returns by the judges
of election, 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 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
of the Circuit Court for the county, as the case may be, to pay the
reasonable costs of said appeal, recount, review and recanvass.

88.  Powers of Supervisors. The Supervisors of Elections of Balti-
more City and of the several counties of the State shall have juris-
diction and power to hear and determine said appeals, to review
and correct the action of the judges of election in their respective
jurisdictions and to recanvass, recount and certify the result of said
primary election. For all the purposes of said review, recount and
recanvass, the Supervisors of Elections shall act as and be judges of
election for counting said ballots, within their respective geographical
jurisdictions.

89.   Procedure for Recount. (a) Records Produced. The Super-
visors after receiving such a petition shall produce before them the
ballot boxes, returns, tally-sheets and paraphernalia of said election;
or where voting machines are used shall ascertain the votes recorded
thereon in the manner provided in Section 141 of this Article. They
shall proceed forthwith in a summary way without answer, pleading
or technicality and without requiring any evidence to be taken or
proof submitted, to review the actions of the judges of election and
to recount the ballots in those precincts named in said petition in
said county, city, legislative district, ward or other political sub-
division thereof, as the case may be, in which paper ballots are used.

(b) Recount. Said review, recount and recanvass shall be had
with all possible expedition and dispatch and in preference to all
other business, under such mode of procedure as the Supervisors of
Elections shall prescribe, by means of tellers appointed by them on
the recommendation of and with equal representation to the opposing
candidates. The said Supervisors shall pass upon and decide whether
any ballot contested by the teller for either side shall be rejected or
counted. They shall sit for said purpose in the office of the Super-
visors of Elections of Baltimore City or of the THE COURT ROOM
OF THE Circuit Court for the county, as the case may be, every day,
including Saturdays at least from 9 o'clock A.M. to 5 o'clock P. M.,
with one hour's intermission for lunch, until said review, recount
and recanvass is completed. Said recount shall be had in the pres-
ence of the candidates or their representatives and of the press and
general public.

90.   Costs. The petitioner shall pay the cost of the recount and
recanvass in the county, municipality, legislative district or other
district or political division, and his bond shall be liable therefor,
unless the result of the election in the unit being or ordered recounted
is changed or unless the petitioner has gained a number of votes over
his principal opposing candidate equal to two percentum (2%) or
more of the total votes cast in the unit being recounted. In either
of such latter events, the costs shall be awarded against the munici-
pality or county in which the recount is held.