SPIRO T. AGNEW, Governor 1219
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, engaged in prohibited 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, 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) Findings and decision of court to be filed with Governor in
certain 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 Gover-
nor 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, engaged
in any prohibited practice. 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 elections.—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 in person, or in the
person of his agent or agents acting for or in his behalf, engaged in
prohibited practices, such election shall be void, except as herein-
after provided, and in case of such void election the Governor shall,
within five days after the receipt of such decision, issue his proclama-
tion 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 candidate.—If any candidate shall
have been so found or decided to have engaged in any prohibited
practice, he shall be ineligible to election or appointment to any pub-
lic office or employment for the period of four years from the date of
said election. A finding or decision that a successful candidate en-
gaged in prohibited practices only in the person of his agent without
the knowledge or consent of the candidate, and that no prohibited
practice was committed without his sanction or connivance, then the
election of such candidate shall not be void, nor shall the candidate
be subject to any ineligibility therefor.
|
|