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80
CITIZENSHIP AND SUFFRAGE IN. MARYLAND.
If the requisite number sign, the name is to be, placed on tile official
ballot.: If , a person is nominated by two political parties, his name may
be
placed twice on the ballot.; but not in any other case, to prevent
nominations
by " paper," of those already nominated by " certificates."
This last provision was enacted by the Legislature to change the law, as
expounded by the Court of Appeals in the case of Fisher vs. Dudley:'
Mr. Edward Stabler, Jr., in the fall of 1890, was nominated as a. candidate
for
Councilman from the Twelfth Ward of Baltimore city, both by the Repub-
lican party and also by a paper,. signed by over two hundred citizens. The
request was made that his name be placed twice on the official ballot. This
request was refused and the matter was taken to the courts. It was decided
in 1891 that, under the law,' he was entitled to have his name twice on the
ticket. The Court said that the law permitted it by implication. If a man
were nominated by two political parties, his name would be placed twice on
the ticket and " the law does not design to make a. party nomination and
emblem superior, in weight or responsibility, to the nomination of a number
f citizens, who disregarding party and not desiring to
o, be considered
Ipartisans, have selected a man as their candidate for office, wholly for
his
worth and entirely irrespective of his party affiliations. * * A man who has
accepted the nomination of a Republican party or a Democratic party, or any
other party, ought not to be denied the privilege and benefit of accepting
the
nomination of registered voters, who may not desire to vote a partisan
ticket." The objection that the ballot may thus become un\v ieldly is
answered, by saying that all names independently nominated may be placed
on one column.
If the "papers " bear a party name, 3 it shall be placed on the ballot,
unless a. nomination be made by "certificate" under the same party name,
when the word "Independent" is to be prefixed to the nomination papers.
In case two nominations be made by conventions, each claiming the same party
name, the Supervisors shall decide to which set the word "Independent"
shall be prefixed and no "Independent" nominations shall use the regular
party emblem.
In case a Iran wishes to withdraw his name,' he must do so in writing,
acknowledged before an officer who takes acknowledgement of deeds, and
sent., before the ballots are printed, to Secretary of State, Clerk of
Court, or
the officers by whom ballots are printed. These are to be kept for six
months
after election. On the fourteenth and thirteenth. day before election, the
Secretary of State shall send to the Supervisors the names and residences of
all candidates, party emblems, and the form of any question to be submitted
to the voters.' Three days before election, he shall send, for each poll,
ten
sample ballots, and the same number of cards of instruction to voters, and
of copies of the penalties for violating the law.-_
(1) 74 Md. Reports, 242
i2) Statute of 1890, ch. DXX7CVIlI.
(3) Statute of 1892, ch. CCS7Cli\ I.
(4) Statute of 1890, D%7iSVIII.
. (5) The provisions in the Code are found in art. 73, sees. 40 to 92.
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