county has been shall designate therein that the said district at which they presided designate where as judges, is part of district No. -, as laid out by law, to choose divided. a member to represent this State in the Congress of the United States. 1805, c. 97, s. 17. attend at time 37. If at the time appointed for the assembling of the said judges Id. 8.37. any of them should be prevented from attending, the judge or judges Judge failing to who shall attend may adjourn from day to day until the judges re- appointed, quired to meet shall all assemble, immediately after which they shall judges may proceed to perform the duties required of them. adjourn. RETURNS. 1805, c. 97, s. 18; Judges to 38. The said judges shall lodge with the clerk of the Circuit Id. s. 38. Court of the county, or the clerk of the Superior Court of Baltimore 1860, c. 10, s. 3. City, within five days, or sooner if practicable, from their meeting deliver books of as aforesaid, the books of the polls of all the districts in the county of Circuit Court, or precincts in the city, together with a certificate of all the votes or Superior given in the said districts or precincts. 39. All returns of elections shall be made in the several counties to the respective clerks of the Circuit Courts; and in the city of Baltimore to the clerk of the Superior Court of that city. the polls to clerk Court of Balti- 1852, c. 183, s. 4. tion to be made to clerks of Circuit Courts, and to clerk of Superior Court of Baltimore City. 1844, c. 284, s. 6. 40. All ballots cast at any election shall be returned by the said Id. s. 40. judges on the day of their meeting to the clerks of the said courts, Ballots how who shall safely keep the same for the space of twelve months from disposed of. the day of such return; at which time the said clerks, in the presence of one or more justices of the Orphans' Court, shall destroy the same, and shall record among the land records of his oflice a certificate of the fact, signed by said justice or justices. 41. No ballot thus returned shall be given by the clerk to any person, except as hereinafter directed; but any person interested therein, shall have the privilege of inspecting said ballots in the presence of said clerks. Ids 41. 1844, c. 284, s. 6. Any person may inspect ballots. 1805, c. 97, s. 20. cates to be sent to whom. 42. The several county clerks, and the clerk of the Superior Id. s. 42. Court of Baltimore City, with whom the said certificates are lodged, Copies of certifishall each, under the penalty of one hundred dollars, make out a true copy of the said certificate of all the votes lodged with him by the judges, under the seal of his office, within five days after the same shall be so deposited, and shall inclose and seal up the same, directed to the officers to whom they are respectively certified and addressed, indorsed on public service, and shall place the same in the post-office, to be transmitted according to their direction, except the certificate of the election of governor, which shall be directed to the secretary of state. 1805, c. 97, s. 30. 43. The said clerks shall indorse on the certificate and polls to Id. s. 43. be delivered to them as aforesaid, the day when received; and shall clerks to inbe allowed as a compensation for making out and forwarding the dorse on certificopies of the said certificates, the same compensation allowed for date of receipt. cate and polls like services, to be levied and paid by the county or city of Balti more. Id. s. 44. 1805, c. 97, s. 22. 1876, c. 223. Judges in JUDGES OF ELECTION IN BALTIMORE CITY. 44. The judges of election appointed from time to time by the board of supervisors of elections in the city of Baltimore, for elections for choosing members of the city council, shall be judges of Baltimore city. election of all elections held in said city; and shall in all respects, as to time and manner of holding said elections, and ascertaining and declaring the persons elected, pursue and observe, under the penalties herein before imposed on the other judges of elections, the several rules and regulations herein prescribed to the several judges of elections in the counties, in relation to similar elections. Id. s. 45. PAY OF SHERIFF. 45. The sheriff's in the several counties shall respectively be Pay of sheriffs allowed the sum of twelve dollars for each election held in their 1813, c. 170, s. 1. for election duties. county, for the performance of the duties herein required, to be levied as other county charges; Provided, that when two or more elections are held on the same day, the sheriff shall not be allowed more than twelve dollars for such elections. 1878, c. 427. Warrants for Notice. SPECIAL ELECTIONS. 46. Warrants for all special elections shall be issued to the special elections sheriff of the county or city where the election is to be held, who to whom issued. shall appoint a day for the holding of the same, and shall give at least ten days' notice thereof, exclusive of the day of publication and day of election, by advertisements set up at the most public places within each district of the county, and by advertisements in two newspapers of general circulation in such county. In the city of Baltimore ten days' previous notice shall be given in the manner herein prescribed of all special elections, whether for federal, state or municipal officers. Art. 35, s. 50. 1860, c. 10, s. 3. 47. The sheriff shall also serve a copy of the said warrant, to1823, c. 213, s. 2; gether with a notice of the day appointed for holding such election, Sheriff to serve on each of the judges in each district or precinct, at least three copy of warrant days before the day appointed for holding such election, under the penalty of ten dollars for each neglect. on judges. 1878, c. 427. When special election to be held. 48. Such elections shall be held within fifteen days after the warrant shall be received by the sheriff. CONTESTED ELECTIONS. 1865, c. 143. What contested cided by House 49. All contested elections for comptroller of the treasury, commissioner of the Land Office, judges, clerks of the courts of law, and register of wills, shall be decided by the House of Delegates, and the testimony shall be taken in such cases in the same manner as is herein prescribed in contested seats of the Senate or House of Delegates. Cases of con 50. All cases of contested elections of any of the officers not Art. 35, s. 53. provided for in the Constitution, or in the preceding section, shall 1853, c. 244, s. 2. be decided by the judges of the several Circuit Courts-each in his tested elections, respective circuit-and by the Superior Court of Baltimore City, in cided. the city of Baltimore. by whom de 46 Md. 123. Judges to pre scribe rules re 51. Each judge of the Circuit Court, and of the Superior Court Id. §. 54. of Baltimore City, may adopt such mode of proceeding in cases of 18, 244, s. 3. contested elections, and prescribe such rules for taking testimony ating to con and adjudging costs, as to him shall seem most satisfactory and least tested elections. expensive. 46 Md. 123. 52. The party intending to contest an election for the Senate Id. s. 55. or House of Delegates, shall give notice of such intention to the 1844, c. 284, s. 1. person returned, within thirty days after the judges of election shall have made known publicly the state of the polls, unless at a special election to fill a vacancy, when such notice shall be given Notice of intenwithin ten days after the state of the polls is announced by the judges of election. tion to contest. 1844, c. 284, s. 1. 53. Such notice shall be delivered in writing, at the usual resi- Id. s. 56. dence of the person returned; and if he be absent, shall be left How served. there. 54. The party intending to make examinations shall, after such Id. s. 57. notice, apply to some justice of the peace of the county or city 1844, c. 284, s. 2. wherein the election is contested, and shall obtain a notice under Notice to take his hand and seal, directed to the opposite party, and requiring him testimony. to attend in person or by attorney, and cross-examine witnesses. Id. s. 58. 55. The justice, in such cases, shall have the usual power to co- 1814, c. 284, s. 2. erce the attendance of witnesses. Attendance of witnesses. What notice of 56. The notice of the justice shall contain the names of the wit- Id s. 59. nesses, with the facts expected to be proved by them, and shall 1844, c. 284, s. 2. state the time and place of examination, and shall be served on the justice to conopposite party or his attorney, at least ten days previous to the pro- to be served. posed examination. tain and when 1844, c. 284, s. 3. 57. Every person deposing shall be examined on oath; and his Id. s. 60. testimony shall be reduced to writing either by himself, in the presence of the justice, or by the justice, or a clerk by him appointed Deposition, how and sworn fairly to write down and transcribe the depositions, and shall be subscribed by the deponent. taken. 1844, c. 284, s. 3. 58. The depositions so taken, together with a certificate of the Id. s. 61. notices and proof of service of them, shall be sealed up by the magistrate who took them, and transmitted to the presiding officer of the To whom to be body in which the seat is contested. transmitted. 1844, c. 284, s. 4. 59. The examinations of witnesses, taken in the manner herein 1a. s. 62. prescribed, and in no other, shall hereafter be admitted on trial of what examinacontested elections. tions admitted on trial. 60. The copies of any papers recorded in any office of record, Id. s. 63. attested under the hand and seal of the recording officer, shall be 18, is Attested copies of recorded papers, admissible. Id. s. 64. 1844, c. 284, 8. 5. admitted at all such trials, in the same manner as the originals would be if produced. 61. The copies of any other papers of a public nature, and reCopies of what maining in the possession of a public officer, and extracts from the other papers to poll books under the hand and seal of the clerk of the court or public officer in whose office they are deposited, shall be admitted as evidence. be admitted as evidence. 1876, c. 226. Ballots to be de livered to jus tice of peace in contested elections. Art. 35, s. 66. Pay of justice and witnesses. 62. The clerk of any court to whom the ballots have been returned under the provisions of this article, shall produce any of such ballots in regard to which testimony may be proposed to be taken before a justice of the peace taking examinations in a contested election, and shall furnish said justice with copies of the same if required, but said ballots when produced before the justice as aforesaid shall be in the possession and custody of said clerk, and said clerk shall retain said ballots in his possession and custody until such ballots shall be required by the order of the court having jurisdiction of the case, to be delivered to said court or by the order of the Senate or House of Delegates, in whichever the seat is contested. 63. The justice before whom such depositions shall be taken, 1544, c. 284, s. 7. shall be entitled to the sum of two dollars for every day he may be engaged in the examination of witnesses, and the witnesses shall be entitled to the usual allowance for their attendance before a justice of the peace, to be paid by the party on whose behalf such examination is held and said witnesses are summoned. Id. s. 67. 1844, c. 78. 64. No person contesting a seat of any one who has been regularly returned by the judges of election, as elected to a seat in the Senate or House of Delegates, shall be allowed any per diem, allowed pay un- mileage, or other pay, unless the party so contesting shall establish his right to such seat. Contestant not less successful. Id. s. 68. 13, c. 261, s. 1. Time of elec ELECTORS OF PRESIDENT AND VICE-PRESIDENT. 65. On the first Tuesday, next after the first Monday of November preceding the time fixed by law of the United States for choice tion of electors of president and vice-president of the United States, there shall vice-president. be elected by general ticket as many electors of president and vicepresident as this State shall be entitled to appoint. of president and Id. s. 69. 1. 1833, c. 261, s. Who may vote for. Id. s. 70. 1833, c. 261, s. 1. 66. Each citizen of this State entitled to vote for delegates to the General Assembly shall have the right to vote for the whole number of electors; and the several persons, to the number required to be chosen, having the highest number of votes, shall be declared and deemed duly appointed electors. 67. If any of the persons voted for as electors shall have an equal number of votes, so as to defeat a choice between them, the Case of the, how governor shall determine by lot which of the persons having such equal number of votes shall be electors, so as to complete the whole number to which the State shall be entitled. decided. 1833, c. 261, s. 2. 68. The said election shall, in all respects, be conducted as Id. s. 71. other elections, and the returns thereof made as herein before di- Election, how rected. conducted. 69. Upon the meeting of the persons returned elected electors Id. s. 72. of president and vice-president, or as many of said persons as may 1833, c. 261, s. 3. attend on the day appointed by the Constitution and laws of the United States, before proceeding to perform the trust reposed in them, the place of any absent member may be supplied by the mem- Vacancies, how bers present, who shall have power to appoint the same; and the said person, when appointed and qualified, shall be entitled to all the rights and privileges of those proclaimed by the governor as duly elected electors of president and vice-president of the United States. filled. UNITED STATES SENATORS. United States 70. The senators chosen to represent this State in the Senate of Id. s. 73. the United States shall be elected by the joint ballot of both branches 1809, c. 22, s. 1. of the legislature, and the person qualified as the Constitution of Election of the United States directs, having a majority of votes of all the attending members in both branches of the legislature, shall be declared duly elected. senators by joint ballot of both branches of legislature. where to be in 71. In the first election of senator to represent this State in the 1867, c. 11. Senate of the United States, which shall be held after the first day US senators, of April, in the year eighteen hundred and sixty-seven, the person habitants. elected shall be an inhabitant of the Eastern Shore of this State, and one of the senators to be thereafter elected shall always be an inhabitant of the Eastern Shore, and the other of the Western Shore of this State. Art. 35, s. 75. 72. The commission of such senator shall be granted and exe- 1809, c. 22, s. 3. cuted in the form and mauner heretobefore usually practiced. How commissioned. REPRESENTATIVES IN CONGRESS. resentatives. 73. Elections of representatives of this State in the Congress of 1868, c. 335. the United States shall be held on the Tuesday next after the first Election of repMonday in the month of November every two years, commencing in the year eighteen hundred and sixty-eight, and taking place every second year thereafter. 1852, c. 52, s. 2; 74. If a vacancy should occur by death, resignation, or other- Art. 35, s. 78. wise, at such a period as to make it necessary that a representative 1878, c. 427. or representatives in Congress from this State should be chosen before the regular time for such election, the governor shall, by proclamation, direct that a special election be held to fill said vacancy; Vacancies, how which proclamation shall require at least twenty days' notice of such election to be given by the sheriffs of the respective counties, or city of Baltimore, composing the congressional district in which such vacancy may exist. filled. |