SPIRO T. AGNEW, Governor                       855

vided, shall not appear on the official ballot at the primary election
by reason of there being no opposing candidate, such candidate shall
not be entitled to a return of his filing fee. These sums shall be re-
tained by the Secretary of State, the Mayor and City Council of
Baltimore, or in the case of the counties, by the county commissioners
or the county council to which the same shall have been paid by the
board.

(b) In the event that any candidate who has paid a filing fee to
any board or the Secretary of State, as hereinabove provided, enters
into active duty with the armed services of the United States in the
period between the last date allowed for withdrawal of his name as a
candidate and the printing of the ballots or the voting machine ballot
labels, he shall be entitled upon withdrawing as such a candidate
and upon his request to a return of the filing fee.

4-9. 4A-8. Disposition of filing fees.

(a)    The board in Baltimore City shall pay over all amounts re-
ceived from filing fees to the mayor and city council of Baltimore;
and the board for each county shall pay over the amount so received
to the county commissioners or county council of each county, respec-
tively.

(b)    The Secretary of State shall divide and transmit the fees re-
ceived by him from candidates for State-wide offices, in the sums of
ten dollars ($10) each to the board of each county of the State, and
the sums of sixty dollars ($60) thereof to the board in Baltimore
City.

(c)    The Secretary of State shall divide and transmit the fees re-
ceived by him from candidates for the House of Representatives of
the United States Congress and the State Senate, in equal amounts
to the board of each county within the respective congressional or
Senatorial districts and to the board in Baltimore City for any legis-
lative district wholly or partly therein.

PRIMARY ELECTIONS
5-1. Parties using.

Any political party which at the general election next preceding
any primary election to be held hereunder, shall have polled ten per
centum or more of the entire vote cast in the State shall nominate (1)
all its candidates for public office; (2) all delegates to local and State
conventions; and (3) all members of the State and local central com-
mittees in said political party by means of primary elections conducted
under the provisions of this subtitle. The several boards shall not
print on the official ballot to be voted at any general or special election
to be hereafter held the name or names of any such candidate or can-
didates for election in Baltimore City or any of the counties of the
State of any of said parties who shall not be so nominated and whose
nomination shall not be certified to them or to the Secretary of State
as having been so nominated.

5-2. Date.

(a) The primary elections by the political parties shall be held
throughout this State on the second Tuesday after the first Monday
in September.