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Session Laws, 1957
Volume 640, Page 1287   View pdf image (33K)
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Theodore R. McKeldin, Governor                   1287

eral Assembly of Maryland, or a Judge, or a Clerk of a Court of
Law, or a Register of Wills, or a State's Attorney, the trial judge
or judges shall have no power to declare any such election to be void.
The judge shall file his findings, or, in a case where a jury shall have
been demanded, the finding or verdict of such jury as to whether or
not the successful candidate, or his agent or agents acting for or on
behalf of such candidate, was so guilty of corrupt practices, with the
Secretary of State, together with the transcript of the evidence. The
Secretary of State shall thereupon submit the same to the Governor
of Maryland, when the election is for electors of President or Vice-
President of the United States, or for Attorney General of the State;
or when the election is for a Representative or Representatives in
Congress, shall submit the same certified under the seal of the State,
to the Speaker of the House of Representatives; or when the election
is for Senator of the United States, shall submit the same, certi-
fied under the seal of the State, to the President of the Senate of the
United States; or when the election is for a member of the 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.

(e)  Decision in Other Cases. In case such petition relates to any
other office than those above referred to, such case shall be heard
by a judge or an uneven number of judges, who 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 his agent or agents acting for or in
his behalf, was so guilty of corrupt practices. 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.

(f)  Void Election. In case the decision or finding so to be filed
with the Governor under the provisions of Sub-section (e) above
shall be that any successful candidate so petitioned against was in
person, or in the person of his agent or agents 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.

(g)  Effect of Violation Upon Candidates. If any candidate shall
have been so found or decided to have been guilty in person of cor-
rupt 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. The mere finding or decision that his agent
or their agents were so guilty shall not render said candidate in-
eligible for office. 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 no corrupt practice was committed by the candidate


 

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Session Laws, 1957
Volume 640, Page 1287   View pdf image (33K)
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