PART III.

Instructions to Clerks of Elections.

Clerks must be punctual in attendance. The clerks, like the judges, and under the same penalties, must attend promptly at the hour fixed for the opening of the polls, and must remain on duty until the returns are completed. Like the judges, a clerk may appoint a substitute to act for him if he is necessarily compelled to leave the poll room during the election. Such substitute acts only until the clerk returns. As to the method of appointing such substitute full instructions are given under the heading of "Instructions to Judges."

Clerks Must Keep Poll Books.

Each clerk shall keep a poll book. This poll book will have one column headed "Number," and another headed "Name of Voter." The entries in these books must be made in ink. The name and number of each voter from one upward consecutively, shall be written by the clerks in the poll books at the time the voter obtains his ballot from the judge holding the ballots. If subsequently, the vote is rejected by the judges and is not deposited in the ballot box, or the voter returns his ballot without voting it, the clerk shall draw a line through the name and number of such voter, and the next voter to receive a ballot will have his name numbered on the poll book just precisely as if the voter before him had actually cast his ballot. After the name of each voter whose name was rejected, the clerks shall write on each of their poll books the word "Rejected." After the name of each voter who returns his ballot without voting it, the clerks shall write on each poll book the words "Did Not Vote." (Art. 33, Secs. 65, 70.)

Duties of Clerks in Assisting Voters.

After the voter entitled to assistance has made to the judges the oath required by him to be taken, it will be the duty of the clerks to assist him if he so desires. One clerk, in the presence of the other, shall mark the ballot as indicated by the voter only, the voter himself naming one by one the candidates for whom he desires to vote, and not indicating them by a general designation as the candidates of any one political party. The ballot shall not be read to him. (See Sec. 69.)

Both judges and clerks are required, when swearing in, to make oath that they will not reveal information which they may obtain as to how any voter marked his ballot or directed how it was to be done. The terms of the oath are stringent and precise, and are violated by indicating or hinting in any way how any voter voted.

Duties of the Clerks at the Close of the Polls.-Signing Names on Poll Books.

After the close of the polls and before the ballot box shall be opened, each of the election clerks must write his name in ink in each of the poll books immediately under the name of the last voter. (Art. 33, Sec. 72.)

Duties of the Clerks During Count.

The duties of the clerks during the count shall be to tally the votes for each candidate, and on each side of each propo sition voted on as the same shall be called out by the judges who are counting the ballots. When all the ballots have been called off the clerks compare their tallies together, and when they agree upon the number of votes received by each candidate, one of them shall anounce the number of votes received by each candidate in a loud tone of voice. (Art. 33, Sec. 73.)

Duties of the Clerks With Reference to the Returns.

The clerks shall sign the duplicate returns. Like the judges, if these returns are on more than one sheet they must sign their names on each sheet. Like the judges, if either clerk declines to sign the returns, he must make out a written statement of the reason why he declines to sign, and must enclose this statement with the returns, and have it returned along with them. Like the judges, each clerk must sign his name across the fold of the envelope in which the returns and the tallies are sealed up, and like the judges, he must sign each set of tallies. When this has been done, and the meeting of the judges and clerks has been dissolved, the clerks in the counties will have no further duties. In Baltimore city the clerks must take charge of and return the envelopes containing the tallies to the officials to whom they are respectively directed before 12 o'clock noon of the day after the election, and must take receipt therefor; that is to say, one of the clerks will have to deliver his envelope to the Board of Supervisors of Election and the other clerk to the Register of Wills. The clerks must be particular to get receipts for these envelopes, for the law expressly provides that they shall not be paid unless they produce such receipts. (Art. 33, Secs. 75, 77.)

Primary Election Instructions

PREPARED BY THE

ATTORNEY-GENERAL

The Primary Election Law Applies to Every County in the State and to Baltimore City.

Parties Subject to the Act.

The Act requires political parties which, at the general election held on November 2, 1909, in the State of Maryland, or at the last preceding general election prior to any primary to be held under the Act, polled 10 per cent. of the entire vote cast in the State, to nominate their candidates for public office, including candidates for President of the United States, Congress and Judicial candidates, in and for Baltimore city and the several counties of the State, all delegates to conventions, all members of managing bodies in said parties in and for Baltimore city and the several counties, and all precinct, ward, city and county executives or executive committees whenever party usage provides for the same, by means of primary elections conducted under and in accordance with the provisions of the Act except as therein otherwise provided. (Section 178.)

Candidates for Offices, Delegates to Conventions and Party Committees and Officials to Be Nominated or

Selected by the Direct Vote.

All such candidates for office, delegates to conventions and managing and executive committees, as well as party officials, in and for Baltimore city and the several counties of the State and all precinct, ward, city and county executives or executive committees, whenever the political party usage provides for the same, must be nominated or selected by the direct vote of the duly registered voters belonging to or acting with the parties subject to the Act, respectively, in Baltimore city and in each county, and in each legislative, Congressional and judicial district. (Section 178.)

Conventions Lawful.-Powers of.

The Act further provides that it shall be lawful for all political parties subject to its provisions to elect and hold party conventions, which shall have full power and authority in all respects to act in respect to all matters pertaining to the organization, maintenance, conduct, affairs and interests of the party in Baltimore city or in any county of the State, saving and excepting the choice, selection, nomination or ap pointment of party candidates for 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 of the State. Moreover, the candidates of the several political parties for Governor, Attorney-General, Comptroller, Clerk of the Court of Appeals of the State of Maryland, and United States Senator, shall be nominated in the manner prescribed by Section 188, by State conventions; and such State conventions shall also have the power to select, in such manner as they may determine, 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 committees or governing bodies of any character for Baltimore city or for any division thereof, nor for the counties of the State. 178 and 188, and Chapter 761, Acts of 1914.)

(Secs.

Local Governing Bodies or Party Committees Elected by Direct Vote. Governing Body for Whole State

Appointed by State Convention.

By virtue of these provisions of Section 178 it may, with respect to the subject-matter of the selection of party committees and officials, be more particularly stated:

First. The State convention appoints the governing body for the whole State of each of the parties subject to the Act. Second. By reason of the provisions of Article 33 of the Code of Public General Laws, which require the respective State Central Committees in the several counties and in Baltimore city to designate to the Governor at least four eligible candidates for the position of Supervisor of Elections in the respective counties and in said city, and by reason of the provisions of the Corrupt Practices Act, requiring the appointment by the various local State Central Committees of treas urers for the disbursement of funds, it is necessary to maintain State Central Committees for each of the several counties and for Baltimore city, respectively.

Third. The State Central Committee of each of the counties and of Baltimore city must be elected by the direct vote

of the qualified voters of the several parties in each county, respectively, and in Baltimore city. According to the usage of each of the two leading parties in Baltimore city, with respect to the constitution and organization of the State Central Committee for Baltimore city of each of said parties, and the established form and organization of such committees, they must, under the provisions of the Act of 1914, be elected by the registered voters of each party of each of the four legislative districts of Baltimore city, respectively.

Fourth. Party executive committees and individual party executives and officials must be elected by the qualified voters of the party of that district, political division or territory for and within which said committee executives or officials exercise their duties. The only exception to this is the governing body of the party for the whole State, which must be selected and appointed by the State Convention of the party. Fifth. Under the Primary Election Law it is legally competent for the State Convention of each party, if it sees fit to do so, to so constitute and appoint the members of the State Central Committee of Maryland as the governing body for the whole State of each of said parties, that it shall consist of the same persons who shall have been elected in the primaries as the members of the several State Central Committees of the respective counties and legislative districts of Baltimore city. The State Convention is, of course, not at all bound to do this, but may do so if it deems it wise or desirable.

Candidates for Office of President of the United States.-Delegates to the National Convention.

Section 178 makes provision for printing the names of candidates for the office of President of the United States upon the official ballots. A candidate for the office of President of the United States must file his certificate of candidacy within 15 days before the first Monday in May, and the certificate must contain the name of the person seeking the nomination of President of the United States, his residence, place where he is a registered voter, his address, the fact that he seeks to be nominated for the office of President of the United States, the party to which he belongs and the National convention whose nomination for President he seeks. This certificate should be signed by the candidate and acknowledged before an officer duly authorized to take acknowledgements, who shall append a certificate of such acknowledgment to the certificate and the certificate must then be filed with the Secre tary of State, accompanied by the sum of two hundred and seventy dollars ($270). The names of the candidates for the