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Session Laws, 1957
Volume 640, Page 1257   View pdf image (33K)
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Theodore R. McKeldin, Governor                     1257

certain matters are omitted which should have been inserted, or that
any mistakes exist, they shall immediately issue a subpoena to the
judges who made such return, and to the clerks (in those precincts
in which clerks shall have been appointed) who joined therein. Said
judges and clerks shall forthwith attend and shall make such cor-
rections as the facts in the case require; such changes shall not alter
any decision previously duly made by them, but shall cause the can-
vass to be correctly stated. The said board of canvassers are au-
thorized to adjourn from day to day for the purpose of obtaining and
receiving corrected statements, such adjournment not to extend
beyond three days.

139.   Errors of Board of Canvassers. (a) Corrections. Whenever
it shall be made to appear by affidavit filed within the time period
stated in Section 86 of this Article 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 corrections,
or show cause as aforesaid, said court may compel said board by 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 convene for the purpose of making such corrections.
For the purpose of making such corrections as the court shall order,
the meeting of the board of canvassers shall be deemed a continua-
tion of its regular session, 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 state-
ments and certificates made under the order of court shall stand in
lieu thereof, and shall in all cases have the same effect as if corrected
statements had been a part of the original statement required by law.

(b) Procedure. The practice in such 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 continuing 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 trans-
mission of the record as possible. The testimony taken in such cases
shall be sent to the Court of Appeals as part of the record.

VERIFICATION OF VOTES CAST ON VOTING MACHINES

140.    Verification of Voting Machines. (a) Examination of ma-
chines. Within ten days after each general or primary election, the
Supervisors of Elections of Baltimore City and of each county using
voting machines, shall make a record of the number of the seal and
the number on the protective counter, if one is provided, of each
voting machine used in each election precinct or district in each said
general or primary election. They shall open the counter compart-
ment of each such machine and without unlocking such machine
against voting, shall verify and recanvass the votes cast thereon.
Before making such verification and recanvass, the Supervisors of


 

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Session Laws, 1957
Volume 640, Page 1257   View pdf image (33K)
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