Usilton v. Bramble

Boyd, C. J., delivered the opinion of the Court. At the primary election held August 29th, 1911, James Bramble and John P.’ Nicholson were amongst the candidates for the nomination by their party for the office of Judge of the Orphans’ Court. Two of the candidates were admittedly nominated, but according to the returns Messrs. Bramble and Nicholson received an equal number of votes for the remaining nomination — there being three judges of that Court to be elected at the November election.

On the 8th of September two of the three members of the State Central Com-mitee of the Democratic party for Kent County, who were elected' at those primaries, named, designated and appointed Mr. Bramble as the nominee of the party for the office of Judge of the Orphans’ Oourt, and notified the supervisors of election that in accordance with the rules and regulations of the party they had so named, designated and appointed him. The former State. Central Committee designated John P. Nicholson as such nominee sometime prior to the Democratic State convention, which met on September 7th, 1911 — the members claiming that they constituted the State Central Committee until that convention and until their successors were elected and qualified. Section 16 OK of ’the Primary Election Law provides that “Any vacancy which may exist in respect to any office, delegates to conventions, or position named in this sub-title ¹³ occurring after tbe returns have been canvassed and finally announced or which may exist by reason of there being no candidate for the same in any such primary election or other- wiseshall bo filled as the rules and regulations of the governing bodies for the respective parties in the counties,v city or State may now or shall hereafter provide.” That provision is undoubtedly broad enough to include this case, as when there is a tie between two candidates at the primaries there is a vacancy within its meaning, as no one is selected as the nominee for such office or place, and the expression “or otherwise'’'’ would seem to leave but little room for discussion.

A resolution was adopted by .the new committee providing for that method of filling a vacancy when there is a tie vote, and there is nothing in the Primary Election Law making special provision for case of a tie vote. As both sides to this controversy pursued the same course, it is not necessary to discuss the question at length, but it may be added that unless the section above quoted is sufficient to permit the governing body of the county to designate the candidate, the political party to which the candidates who received the same number of votes belonged might be placed in the position of having no candidate at the general election for such office. The Primary Election Law certainly does not contemplate such a result, and having given the members of the party the opportunity to name the candidate at the primary election, and they having failed to do so, by reason of the fact that they were equally divided in their choice, the law authorized the nomination by the governing body, which in this ease is the State Central Committee of the county. Section 160A requires political parties subject to its provisions, which the Democratic party is, to elect all delegates to conventions “and all members of managing bodies in said political partios, 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 such executive committee or any of the same;, by means of primary elections, conducted unce" ¹⁴ and in accordance with the provisions of this act, and not otherwise, except ai herein provided.” The names of candidates for committeemen are placed on the official ballots to be usfed at the primaries, are voted for and the result announced and certified as provided by Article 33.

The board of supervisors acting as a board of county canvassers meets on the Thursday after the election, and canvasses and adds up the votes- and makes abstracts or statements as required by section 80 of Article 33. The board is by section 81 required to then transmit the statements to the clerk of the Circuit Court for the county or of the Superior Court of Baltimore City, as the case may be. -'In this instance the Board of County Canvassers met on August 31st, and there can be no doubt that when they declared that Mr.- Bramble and Mr. Nicholson had each received .the same number of votes the old- central committee had no right to fill the vacancy thereby created. The new committee had then been elected, and although there is no express provision as -to when they shall enter upon their duties, the rule as to public officers is that where no time is fixed for the commencement of an official term it begins from the date of election or appointment.- In the absence of some provision to the contrary, there can be no reason why by analogy the- same rule should not apply to committeemen thus elected. There is no provision in the law for such qualification by committeemen as is generally required of public officers, but as the primary law requires committeemen to be elected, it could not have intended that after such election took place the former committee should continue to act in such' matters as