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Session Laws, 1957
Volume 640, Page 1260   View pdf image (33K)
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1260                             Laws of Maryland                       [Ch. 739

persons elected, as now provided by the Constitution and laws of
this State.

(c) Certificate for United States Senator and Members of the
House of Representatives. In addition, the Secretary of State shall
likewise without delay transmit a copy under seal of his office of
such certified determination and statement as to the election of a
United States Senator to represent the State of Maryland in the
Senate of the United States to the Secretary and to the presiding
officer respectively of the United States Senate, to inform that body
of the result of the election for Senator; and such certificate shall
be prima facie evidence of the right of the candidate certified as
receiving the highest number of votes to be seated. A similar
cer-
tificate shall be transmitted to the Secretary and to the presiding
officer of the House of Representatives to inform that body of the
results of the elections for members of the House of Representatives.

CONTESTED ELECTIONS

144.   Contested Elections to be Decided by House of Delegates.

All contested elections for Comptroller of the Treasury, Judges, clerks
of the court, and registers of wills shall be decided by the House of
Delegates. Testimony shall be taken in such cases in the same manner
as herein prescribed in the contested seats of the Senate and House of
Delegates.

145.  Contested Elections to be Decided by Circuit Courts. All cases
of contested elections of any of the officers not provided for in the
Constitution or in Section 144, shall be decided by the Judges of the
several Circuit Courts, each in his respective circuits, and by the
Superior Court of Baltimore City, in the City of Baltimore.

146.   Procedure in Court Contests. Each Judge of the Circuit Court
and of the Superior Court of Baltimore City may adopt such modes
of
proceeding and adjudging costs in cases of contested elections as to
him shall seem most satisfactory, but the rules of taking testimony in
such cases shall be the same as those which regulate the taking of
testimony in contested election cases cognizable by the House of
Delegates. Either party shall have a right of appeal to the Court of
Appeals, as in other cases, said appeal to be taken within five days
from the date of the decision complained of. The appeal shall be
heard and decided by the Court of Appeals as soon after transmission
of the record as may be practicable, and the testimony taken in such
cases shall be sent up to the Court of Appeals as part of the record.

147.   Contests for Senate or House of Delegates. The party in-
tending to contest an election for the Senate or House of Delegates
shall give notice of such intention to the person elected, or, in case of
a tie vote, to the person against whom the contest is to be instituted,
within thirty days after the judges of election shall have made known

publicly the state of the polls; except in the event of a special elec-

tion to fill a vacancy, when such notice shall be given within ten days

after the state of the polls is announced by the judges of election.

Such notices shall be delivered in writing at the usual residence of the
person returned, and, if he be absent, shall be left there.

148. Examination of Witnesses. The party intending to make
examination shall, after such notice, apply to a Judge of the Circuit


 

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Session Laws, 1957
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