866 LAWS OF MARYLAND [CH. 392
13-2. Affidavit or AND bond.
The petition shall be filed with A BOND AND an affidavit or affida-
vits, made by officers of election or by watchers, challengers or other
persons, setting forth acts of fraud, mistake, error or irregularity in
making the count or returns by the judges, or setting forth that some
of the returns and tally sheets of the primary election show on their
faces ambiguity, error, fraud, or mistake or miscalculation by the
judges. If no affidavit is filed with any petition, the petitioner in
lieu thereof may elect to give bond in an amount to be fixed in each
instance and approved by a A judge of the Supreme Bench of Balti-
more City or of the circuit court for the county, as the case may be,
SHALL DETERMINE AND SET BOND TO BE FILED BY THE
PETITIONER SUFFICIENT to pay the reasonable costs of said
appeal, recount, review and recanvass.
13-3. Powers of supervisors.
The boards shall have jurisdiction and power to hear and determine
any appeals, to review and correct the action of the judges in their
respective jurisdictions and to recanvass, recount and certify the re-
sult of any primary election. For all the purposes of the review, re-
count and recanvass, the board shall act as and be judges for the
counting of ballots, within their respective geographical jurisdictions.
13-4. Procedure for recount.
(a) The Board after receiving such petition shall ascertain the
votes recorded on the voting machines in the manner provided in
Sec. 17-8 of this Article; or, if paper ballots were used, the board
shall collect the ballot boxes, returns, tally sheets and paraphernalia
of said election. It shall proceed forthwith in a summary way with-
out answer, pleading or technicality and without requiring any evi-
dence to be taken or proof submitted, to recount the ballots in those
precincts named in said petition in any county, city, legislative dis-
trict, ward or other political subdivision thereof, as the case may be.
(1) The review, recount and recanvass of voting machines shall
be conducted by the board in the manner provided in Section 17-4 of
this Article on the days and within the hours provided in paragraph
(2) of this subsection.
(2) The review, recount and recanvass of paper ballots shall be
conducted with all possible expedition and dispatch and in preference
to all other business, under such mode of procedure as the board
shall prescribe by means of tellers approved by them on the recom-
mendation of and with equal representation to the opposing candi-
dates. The board shall pass upon and decide whether any ballot con-
tested by the teller for either side shall be rejected or counted. The
members of the board shall sit for said purpose in the office of the
board in Baltimore City or in the court room of the circuit court for
the county, as the case may be, every day, excepting Sunday at least
from 9 o'clock A.M. to 5 o'clock P.M., with one hour's intermission for
lunch, until the review, recount and recanvass is completed.
(b) The recount shall be conducted in the presence of the candi-
dates or their representatives and of the press and general public.
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