German v. Sauter

Pattison, J\, delivered the opinion of the Court. The appellee, Edward C. Sauter, on September 3rd, 1919, filed his petition in the Circuit Court for Baltimore County, alleging that he was a resident of the Second Election District of that county and was a registered voter of the second precinct of said district; that on the 15th day of Aug., 1919, ⁵³ he filed with the Board of Supervisors of Election for said county a certificate in writing containing his name, address,, residence, place where registered, “and the office or position for which he sought to he nominated or selected, to wit, a member of the Republican State Central Committee for the S'econd District of Baltimore County and a statement of the party” of which he was a member1; “but said Board of Supervisors of Election, although retaining in its possession his said certificate, wrongfully refused to place his name upon the ballots to be provided for tbe primary election to be-held in said county on the 8th day of September, 1919.” The petition concludes with a, prayer to the Court asking that a writ of mandamus be issued “directed to tbe defendants, tbe said Board of Supervisors of Election for Baltimore County, commanding them' to place upon the ballots to be provided for tbe said primary election in and for said Second District of Baltimore County tbe name of your petitioner as a candidate for the office or position of member of the Republican State Central Committee for the Second District of Baltimore County.” The defendants in answer to said petition admitted all of its allegations except the one alleging that they wrongfully refused to place the name of the petitioner upon the ballot,, which they denied. The answer averred that the petitioner was at the time “a registered voter of the Second precinct of the Second Election District, affiliated as a Democrat and not as a Republican,” and because of sucb fact he was “not entitled to have his name placed upon the official Republican ballot to be voted on at the coming primary as a candidate for Republican State Central Committee for said Election District.” A demurrer to the answer1 was sustained and an order was passed directing the writ to issue, as prayed. It is from that order this appeal is taken.

Section 184 of Article 33 of the Code (VoL 4) of Public General Laws of Maryland, provides for tbe preparation and ⁵⁴ printing of official ballot» by tbe several Boards of Supervisors of Elections for Baltimore City and in the counties, respectively, to- be used at primary elections in said city and counties,- respectively, and it directs that “said several Boards of Supervisors of Elections shall print or cause to be printed on said official ballots the names of all candidates for- office to be voted for, and for delegates to any convention, or for party executive or executives, or for membership of any executive committee or managing body of any political party, who shall become duly qualified by the payment of the amount herein named, when any payment is herein required, and shall have filed a certificate in writing with the Board of Supervisors