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election to be void, but shall file his or their finding, 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 any political committee or treasurer, or sub-treasurer, or political agent 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, and 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 AttorneyGeneral 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, or 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. In case such petition relates to any other office than those above referred to, the trial judge or judges 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 candidate, or a political committee or treasurer or political agent, acting for or in his behalf, was so guilty of corrupt practices, and 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. If the said case shall be heard and tried by two judges, and they shall differ as to whether any such candidate in person, or in the person of his political agent, was so guilty of corrupt practices, or whether any such election was so void, they shall immediately so certify to the Secretary of State, or to the Governor, as the case may be, and they shall also file a transcript of the evidence with such certificate. In case the decision or finding so to be filed with the Governor shall be that any successful candidate so petitioned against was in person, or in the person of a treasurer or sub-treasurer or his political agent, or through any political committee acting for or in his behalf, so guilty of corrupt practices, 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 candidate after his election. If any candidate shall have been so found or decided to have been so guilty in person of corrupt practices, he shall be ineligible to election or appointment to any public office or employment for the period of four years from the date of said election; but the mere finding or decision that his political agent was so guilty shall not render him ineligible to office; but where the judge or judges shall decide or certify upon his or their 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 (a) no corrupt practice was committed by the candidate personally and the offense was committed contrary to his order and without his sanction or connivance; (b) the offense was of a trivial, unimportant and limited character; (c) in all other respects such election was free from corrupt practice on the part of such candidate and of his political agent, then the election of such candidate shall not be void, nor shall the candidate be subject to any ineligibility therefor.

Chapter 122, Acts of 1908.

176. The courts in which such petitions 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 subpœna 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 inquiry. In any proceeding held under the provisions of this or the preceding section, 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 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 prosecution for perjury in so testifying.

Chapter 122, Acts of 1908.

177. It shall be the duty of the State's Attorney of Baltimore city 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 sub-title within the said city, or any resident of said city, who may have violated any provisions of this sub-title within said city or in any other part of the State. And it shall be the duty 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 sub-title within the county for which said State's Attorney may be acting as such, or any resident of such county who may have violated any provisions of this sub-title in such county or in any other part of the State. 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 prosecution for perjury in so testifying.

PRIMARY ELECTION LAW

Chapters 163 and 475, Acts of 1914.

178. Political parties which at the general election held on November 2, 1909, in the State of Maryland, or which at any future general election next preceding any primary election to be held hereunder, as shall have polled ten per cent. of the entire vote cast in the State at such or any such general election, shall hereafter nominate all their candidates for public office in and for Baltimore city, and the several counties of the State and for judges and for the House of Representatives of the Federal Congress, and shall elect all delegates to county, legislative district, Congressional, City and State Conventions, and all members of managing bodies in said political parties, in and for Baltimore city and the several counties of the State, and all precinct, ward, city and county executive or executive committees, whenever the political party usage provides for such executive committees, or any of the same, by means of primary elections conducted under and in accordance with the provisions of this sub-title and not otherwise, except as herein specifically provided, and the several Boards of Supervisors of Elections shall not print on the official ballot to be voted at any general or special election to be hereafter held the name or names of any such candidate or candidates for election in Baltimore city or any of the counties of the State of any of said parties who shall not be so nominated and whose nomination shall not be certified to them or to the Secretary of State as having been so nominated.

All such candidates for such office, and all such delegates, managing bodies, executives and executive committees shall be nominated, selected and chosen by the direct vote of the duly registered voters belonging to or acting with such parties, respectively, in every precinct, ward, Councilmanic, Legislative, Congressional, Judicial or other election districts in Baltimore city, and also in the several counties of the State of Maryland, respectively, and in each and every election precinct and election district of each of said counties of the State of Maryland, respectively, it being the intent and purpose of this sub-title that all such candidates for public office, all delegates to party conventions and all managing bodies, ex

ecutives or executive committees of any such political party, whenever the political party usage provides for such executives or executive committees, shall be nominated by the direct vote of the duly registered voters, belonging to and acting with such parties, respectively, in Baltimore city, or any precinct, ward, Councilmanic, Congressional, Judicial or Legislative district thereof, or in any county, district or precinct thereof or in any Congressional or Judicial district, as the case, with respect to any public office or place or position aforesaid, may be; and that no candidate for such public office, delegates to such conventions, party executive or executive committee, or managing body of any such political party, as aforesaid, in and for Baltimore city or the several counties of the State, shall be chosen or elected by any such political convention or otherwise than by the duly registered voters belonging to or acting with said political parties as aforesaid, except as hereinafter otherwise provided.

It shall be lawful for all such parties aforesaid to elect and hold such party conventions which shall have full power and authority, in all respects, whatsoever, to act in respect to all matters appertaining to the organization, maintenance, conduct, affairs and interests of the party, in Baltimore city or in any county of the State, saving and excepting only the choice, selection, nomination or appointment of party candidates for such public office, delegates to such conventions, or party executives or managing bodies or executive committees, of any sort whatever, in and for Baltimore city, and the several counties and Congressional and Judicial districts of the State. Provided, that the candidates of such political parties for Governor, Attorney-General, Comptroller, clerk of the Court of Appeals of the State and United States Senator shall be nominated in the manner prescribed in this Article by State conventions, and such State conventions elected by the direct vote in the same manner as the State conventions for the nomination of candidates for State offices, shall also elect as hereinafter set forth, delegates to National conventions and Presidential electors and the governing bodies of such political parties for the State, but shall have no power to select or appoint committee or governing bodies of any character for Baltimore city nor for any division thereof, nor for the counties of the State.

Any person who may be a candidate for the nomination of any party subject to the provisions of this sub-title for the office of President of the United States and who may de sire to obtain the vote of the delegates from Maryland of any such party in its National convention may become a candidate for such nomination in primary elections to be held in accordance with the provisions of this sub-title in the several

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