Nutwell v. Board of Supervisors of Elections

Collins, J., delivered the opinion of the Court. This is an appeal from an order and decree sustaining a demurrer and dismissing appellant’s bill of complaint. The facts of the case substantially follow. A primary election was held in Anne Arundel County on June 28, 1954.

Among other contests in that primary election was that for the Democratic nomination for County Commissioner from the Seventh Election District of Anne Arundel County. Three candidates filed for said nomination, namely: George M. Nutwell, Paulina W. Remey, and John W. Parks. The official tabulation of the results of the primary election for said office, as recorded by the Board of Supervisors of Election of Anne Arundel County, showed that George M. Nutwell and Paulina W. Remey received the highest vote, 254 votes for each, being a tie vote. At said primary election seven new members were elected to the Democratic State Central Committee of Anne Arundel County.

After said election, four of these newly elected members voted for and designated Paulina W. Remey to be the Democratic nominee for County Commissioner from. the Seventh Election District of Anne Arundel County at the general election to be held on November 2, 1954. As a result, the State Central Committee of Anne Arundel County has notified and requested the Board of Supervisors of Elections to list Paulina W. Remey as the Democratic nominee. On July 13, 1954, George M. Nutwell filed a petition for an injunction in which he alleged substantially the ³⁴¹ facts hereinbefore recited; that the Democratic State Central Committee had arbitrarily designated Paulina W. Remey to be the Democratic nominee for the contested office; and that the action of said Democratic State Central Committee was invalid. He asked that a writ of injunction be issued enjoining the Board of Supervisors of Elections of Anne Arundel County from certifying said Paulina W. Remey as Democratic candidate for said contested office and for other and further relief.

A demurrer was filed to that petition. The chancellor by order and decree sustained the demurrer and dismissed the bill of complaint with costs and appellant appeals. The appellant contends that such a tie vote does not create a vacancy and that a special run-off election should be held between the two candidates aforesaid. He relies on State ex rel.

Hopper v. Board of Election Commissioners, 196 Ind. 472 , 149 N. E. 69 , and Brower v. Gray, et al., 5 N. J. Super. 145, 68 A. 2d 553 . These cases are not helpful on the question here presented. He also relies on the Acts of 1953, Chapter 737, Sec. 1, 234 (c), which provides: “At the primary elections held in Anne Arundel County at which candidates are to be selected for the positions of County Commissioners, the voters of each of the eight districts of said county shall determine for themselves who shall be their candidate to be voted for at the general election, and therefore, the names of the persons who file their names for the position of County Commissioner, in accordance with the General Primary Election Law, shall be placed by the Supervisor of Elections in said County, only upon the ballot in the district where the candidate resides, and the candidate who receives the greatest number of votes in the district where he resides at the primary election, shall be certified to by the Supervisors of Elections as the nominee of the political party to which he belongs, and the name of said nominee shall be placed on the official ballot to be used in the general election.” The primary election held on June 28, 1954, was so conducted. ³⁴² There is no provision in this Act that in case of a tie vote there must be another special run-off election. Where there is a tie vote in the election of two candidates, the selection of one of them by designated persons is not unknown to the law in this State.

By Article 5, Section 2, of the Constitution of Maryland, in case of a tie vote between two or more persons for the office of Attorney General, it is the