Mayor of Annapolis v. Gadd

Opinion per curiam ⁷³⁴ This is an appeal from the Circuit Court for Anne Arundel County sitting as a Court of equity. The appeal is from an order granting an injunction. The bill of complaint was filed by certain parties who were nominated, a few days ago, by one of the political parties for Mayor and other municipal offices. The bill alleges that the opposite political party which ⁷³⁵ held its nominating convention on June 29th, filed with the City Clerk a certificate naming its candidates for the same offices.

It is further alleged that as that certificate was filed with the City Clerk less than fifteen days anterior to the city election which is required to be held on the second Monday of the current month of July it was filed too late. It is also insisted in the bill that it will be unlawful for the City Clerk to place upon the official ballot the names of the persons so nominated on June 29th. This contention is founded on the provisions of sec. 42 of Art. 33 of the Code of Public General Laws. That section reads as follows: Plxcept in cases provided for by sec. 46, and cases of special elections to fill vacancies in office caused by death, resignation or otherwise, such certificates of nomination shall be filed, respectively, with the Secretary of State not less than twenty days, and with the Boards of Supervisors of Elections not less than ten days before the day of election.

In connection with the section just cited the provisions of the Act of 1894, ch. 533, must be considered. Whilst the last named Act directs the judges and clerks of the municipal election to be appointed by the city authorities, it distinctly requires those judges and clerks to conform in every respect to the provisions of the