SPIRO T. AGNEW, Governor 931
(f) In case the decision or finding filed with the Governor under
the provisions of subsection (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 prac-
tices, 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 can-
didate after his election.
(g) If any candidate shall have been so found or decided to have
been guilty in person of corrupt practices, he shall be ineligble 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 ineligible for office. Where the judge or judges
shall decide or certify upon his or the 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 com-
mitted by the candidate personally and the offense was committed
without his sanction or connivance, then the election of such candi-
date shall not be void, nor shall the candidate be subject to any
ineligibility therefor.
26-24 Witnesses and costs in court proceeding.
The courts in which a proceeding under Sec. 26-23 of this Article
shall be filed shall have authority to tax the costs as in equity cases,
and also to subpoena witnesses and require them to testify as in other
civil cases, and to compel by subpoena duces tecum the production
for examination of any books or papers of any kind, or of any other
thing which may be required or desirable in the conduct of such in-
quiry. In any proceeding held under the provisions of Sec. 26-23, no
witness shall be excused from answering any question or producing
any book, paper or other thing on the ground or claim that his answer
or the thing produced, or to be produced by him, may tend to in-
criminate or degrade him, or render him liable to a penalty, but his
answer, or the thing produced by him shall not be used in any pro-
ceeding against him, except in a prosecution for perjury in so testi-
fying.
26-25. Duties of State's attorney.
It shall be the duty of the State's Attorney of Baltimore City and
of the State's attorney of each county of this State to prosecute, by
the regular course of criminal procedure, any person whom he may
believe to be guilty of having violated any of the provisions of this
subtitle within the city or county for which said State's attorney may
be acting as such. And in any criminal prosecution under this sub-
title or for violation of any of the provisions thereof, no witness,
except the person who is accused and on trial, shall be excused from
answering any question or producing any book, paper or other thing
on the ground or claim that his answer, or the thing produced or to be
produced, by him may tend to incriminate or degrade him, or render
him liable to a penalty, but his answer, or the thing produced by him,
shall not be used in any proceeding against him, except in a prosecu-
tion for perjury in so testifying.
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