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Session Laws, 1967
Volume 681, Page 930   View pdf image (33K)
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930                             LAWS OF MARYLAND                      [CH. 392

(c)    Such petition shall be tried without a jury, unless any of
the parties thereto shall elect to have the same tried by a jury. The
case shall be tried not later than fifteen days after such petition
has been filed if possible, and shall be given priority over other court
business, and when a jury trial is demanded by any of the parties to
such petition, the jury for said term shall try it; and if the jury for
said term shall have been dismissed, the court shall recall said jury
for the purpose of trying said case. In every case in which a jury
trial shall be demanded, the judge shall frame and submit to the
jury for its decision and verdict all appropriate and necessary
issues of fact presented by the pleadings in such case. The court
shall bring said cause to determination and judgment as speedily
as a just regard for the rights of the parties concerned may permit
and shall expeditiously inquire into, or, when a jury is demanded,
cause the jury to inquire into all the facts and circumstances and
into such violations .of or failure to comply with the provisions of
this Article, as may be alleged in any such petition.

(d)    In case such petition relates to the election of electors of
President and Vice-President of the United States, a Senator of the
United States, a Representative in Congress, or the Governor or
Attorney General, or a Senator or Delegate to the General 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 Mary-
land, 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, certified 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)    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 candi-
date, 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.

 

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Session Laws, 1967
Volume 681, Page 930   View pdf image (33K)
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