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ABSENT VOTING LAW

Chapter 78, Acts of 1918.

219. Whenever a state of war exists in the United States, or such other circumstances occur as to cause the Government of the United States to call into service the Maryland National Guard, or any of the units of the Maryland National Guard, and the Maryland Naval Militia, or either the Maryland National Guard or the Maryland Naval Militia, and by reason of such state of war or such other circumstances, duly qualified voters of the State are absent from the ward or election district in which they reside on the day set for any general, primary or special election, whether Presidential, Congressional, Judicial, State, County or Legislative District or any election in Baltimore city, the Governor may, by proclamation, published once in no more than three newspapers in each county and in Baltimore city, suspend the operation of the election laws of the State and all rules and regulations adopted thereunder, so far as such laws and rules and regulations are inconsistent with the provisions of this sub-title.

Chapter 78, Acts of 1918.

220. Whenever the Governor shall issue a proclamation as provided for in the preceding section, the following provisions shall become effective as law, and all laws and rules and regulations inconsistent with this sub-title shall be suspended:

(a) Certificates of nomination shall be filed respectively with the Secretary of State not less than 43 days, and with the Supervisors of Elections not less than 40 days before the day of election, and in all other respects Section 47 of Article 33 of the Annotated Code, Chapter 133, Acts of 1902, is to remain in full force and operation.

(b) Not less than 36 days before an election to fill any public office, the Secretary of State shall certify to the Supervisors of Elections of each county and of Baltimore city the name and description of nominees in the manner provided for in Section 48 of Article 33 of the Annotated Code, Chapter 202, Acts of 1896, and in all other respects the said Section 48 is to remain in full force and operation.

(c) Notifications by those declining nominations shall be made at least 35 days before election, and in all other respects

Section 50 of Article 33 of the Annotated Code, Chapter 202, Acts of 1896, shall remain in full force and operation.

(d) Should any person nominated to fill a public office die before election day or decline the nomination, as herein provided, or should any certificate of nomination be or become insufficient or inoperative, the vacancy or vacancies thus occasioned may be filled in the manner provided for original nominations. The certificate of the substituted candidate shall, except in case of a nominee dying, be filed at least 30 days before the day of election, and in cases of either resignation or death shall be filed within six days after the vacancy shall have occurred. It shall be the duty of the Secretary of State to certify all such substitute nominations to the Supervisors of Elections immediately after they are filed with him. In case of a vacancy occurring within so short a time before the day of election that the certificate of nomination of the new nominee shall be too late for the name of the new nominee to be printed in the ballots in any county or in the city of Baltimore, the Board of Election Supervisors of such county or city shall at once cause to be printed a sufficient number of stickers bearing the name of such substitute nominee and shall affix such stickers in their proper places on the ballots to be sent by mail to absent voters, as hereinafter provided for. All ballots sent before the stickers are affixed are to be void only as to the mark opposite the name of the candidate whose name has been withdrawn. The other marks, if made according to law, shall be counted at the time and in the manner hereinafter provided for. In all other respects Section 51 of Article 33 of the Annotated Code, Chapter 715, Acts of 1914, shall remain in full force and operation.

(e) Whenever a proposed constitution or constitutional amendment, or other question, is submitted as provided for in Section 52, Article 33 of the Annotated Code, Chapter 202, Acts of 1896, the Secretary of State shall certify the same not less than 45 days before the election, and the County Commissioners, or Register of the city of Baltimore, shall do the same with questions of local concern. In all other respects the said Section 52 is to remain in full force and operation.

(f) Except as provided in sub-division (d) above and in Section 51 of Article 33 of the Annotated Code, Chapter 715, Acts of 1914, the Supervisors of Elections shall not be required to print any name upon a ballot if such name shall not have been certified to them at least 36 days before election day. Ballots shall be printed and in the hands of the Supervisors of Elections at least 25 days before election day. In all other respects Section 54 of Article 33, Chapter 2, Acts of 1901, shall remain in full force and operation.

(g) At least 45 days before every State election, the Attorney-General shall prepare full instructions for the guid ance of voters as provided for in Sections 123 and 124 of Article 33 of the Annotated Code, Chapter 2, Acts of 1901, and Chapter 614, Acts of 1908, respectively. In all other respects said Sections 123 and 124 are to remain in full force and operation.

(h) Certificates required of candidates for party nominations for the office of President of the United States shall be filed within 40 days before the date of the primary election for delegates to the State Convention provided for by Section 178 of the Annotated Code, Chapters 163 and 475, Acts of 1914, and in all other respects said Section 178 is to remain in full force and operation.

(i) Certificates required as provided for in Section 184 of Article 33 of the Annotated Code, Chapter 160, Acts of 1910, shall be filed not less than 45 days before the day of the primary election. This is to apply to all such candidates, whether the nomination is to be made by voters of the State or by voters of a political division thereof. In all other respects said section is to remain in full force and operation.

(j) State conventions of political parties shall be called not later than 45 days prior to the election following primary elections as provided for in Section 188 of the Annotated Code, Chapter 2, Acts of 1912. In all other respects said Section 188 is to remain in full force and operation.

(k) All provisions of law so far as they are not inconsistent with this sub-title shall remain in full force and operation.

Chapter 78, Acts of 1918.

221. Any person duly qualified to vote at any election held after the issuance of the proclamation as hereinbefore provided for, whether general, primary or special, and whether Presidential, Congressional, Judicial, State, County or Legislative District or any election in Baltimore city, who is absent in the military or naval service of the United States, or the State of Maryland, from the ward or election district held, and whose absence is directly attributable to the state in which he is entitled to vote, on the day such election is of war or other circumstances causing the issuance of the proclamation aforesaid, may vote as hereinafter provided.

Chapter 78, Acts of 1918.

222. At any time not more than 45 days before the holding of any election, any such person who expects to be absent on election day may make application in writing to the Board

of Supervisors of Elections of the county, or Baltimore city, in which he resides, for a ballot. Such application must be received by the Supervisors of Elections not less than seven days before the holding of any election, and shall contain the full name and the place of residence, by street and number, if possible, from which the applicant is registered, and the address to which the ballot is to be mailed to him. The application shall also state the position or rank in the military or naval service which the applicant holds. Upon receipt of such application it shall be the duty of the respective Boards of Supervisors of Elections to enter the fact that such application has been made, together with any other proper information, in a book to be kept especially for that purpose. The Supervisors of Elections shall verify from the registration and other books and records in their custody, and from any other information obtainable, the statements contained in the applications and the applicants' qualifications to vote under this sub-title. The Supervisors shall mail ballots to those found so qualified to vote and shall enter that fact in the special book hereinbefore provided for.

Chapter 78, Acts of 1918.

223. The Supervisors of Elections of the counties and Baltimore city shall mail to each applicant found to be a duly qualified voter as aforesaid one ballot, two envelopes and a card of instructions. The applicant's name shall be written in ink by the Supervisors of Elections upon the coupon attached to the ballot, and in the case of primary elections the ballot sent shall be that of the political party with which such applicant is affiliated. The Supervisors of Elections shall have a sufficient number of ballots to be sent by mail printed for each county and the city of Baltimore. The words "Mail Ballot" shall be printed in large letters, in a clear space at the top of each of such ballots. The designation of the polling place shall be left blank on the back and outside of "Mail Ballots," and shall be filled in by the Supervisors of Elections before being sent to any voter. One envelope shall be known as the "Return Envelope" and shall be sufficiently larger than the "Ballot Envelope," hereinafter described, to conveniently enclose and contain the "Ballot Envelope." There shall be printed or written across the left-hand face of the "Return Envelope" the words, "Return Envelope for Election of the blank space being filled in with the date of said election, after which shall be added the words "Supervisors of Elections of Baltimore city" or "Supervisors of Elections of County" as the case may be.

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The Supervisors of Elections shall also, before sending the "Return Envelope" to the voter, cause it to be addressed to the Secretary of State, Annapolis, Maryland.

The "Ballot Envelope" shall be of sufficient size to contain the ballot. Printed on the face of the "Ballot Envelope" shall be substantially the following form:

Voter's Certificate.

This envelope contains my ballot marked by me when absent and entitled to vote in accordance with law.

Name.....

Home address

Position or rank in military or naval service..

There shall also be printed on the face of the "Ballot Envelope" a witness' certificate in substantially the following form:

Witness' Certificate.

I hereby certify that the within ballot was, in my presence, by the above-named voter marked, folded and, without being shown to any person, enclosed and sealed in this "Ballot Envelope"; that said voter was at said time in the military or naval service of the United States (or the State of Maryland). Date...

...day of.

in the

year..

Witness.

Military or Naval position or rank of witness. The card of instructions shall contain the following instructions, to wit:

Instructions to Voter.

(a) You are only entitled to vote if your absence in the military or naval service of the United States or the State of Maryland is directly attributable to the existence of a state of war, or other circumstances which caused the suspension of any of the general election laws. If your absence is not so caused, and you attempt to vote the enclosed ballot, you will be liable to a fine or not more than one thousand dollars ($1,000), or imprisonment for not more than two (2) years, or both.

(b) If you are entitled to vote, mark your ballot and seal it in the "Ballot Envelope" in the presence of a witness, but

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