Vaughan v. Boone

Henderson, J., delivered the opinion of the Court. On October 1, 1948, the appellant in this case, a citizen and registered voter of the City of Baltimore and State of Maryland, and chairman of the Campaign Committee of the States’ Rights Democratic Party, filed a Petition for Mandamus in the Superior Court of Baltimore City to require the Secretary of State to receive the certificate of nomination of its candidates, J. Strom Thurmond and Fielding L. Wright, for President and Vice-President of the United States, and its candidates for electors pledged to vote therefor. The petition also prayed that the Secretary of State be required to cause the names of the signers thereof to be published as required by law, and to certify to the Supervisors of Elections of each county of the State and of Baltimore City ⁵¹⁸ the names and descriptions of the persons so nominated for inclusion on the ballots or voting machines. The Attorney General, representing the Secretary of State, demurred to this petition, and the trial court sustained the demurrer, without leave to amend, and dismissed the petition.

We advanced the case and after hearing argument on October 8, 1948, affirmed the judgment in a per curiam order. The case turns upon a narrow question of statutory construction. The Attorney General raises no procedural objections and concedes that the Certificate of Nominations contains the requisite number of signatures and is in proper form. He contends, however, that it cannot be received, published or certified, because it was not presented within the time specified in Section 44 of Art. 33 of the Code (1947 Supp.), which requires nominating petitions to be filed not later than 15 days before the day of the primary elections, held on the first Monday of May in Presidential election years.

The appellant concedes that it is within the power of the State Legislature to provide how electors shall be chosen, under the Federal Constitution, but contends that Section 44 of Art. 33 is not applicable, and that the right to file the certificate is controlled by Sections 39 and 45 of Art. 33. The petition alleges, and the demurrer concedes, that the States’ Rights party was not conceived of or formed until after the National Conventions of the two major parties, held after the primary elections, so that it would have been impractical, if not impossible, to comply with the provisions of Section 44, if applicable. The petition also alleges that unless the names of the candidates appear upon the ballots or voting machines, persons desiring to vote for such candidates will be hampered or embarrassed in the exercise of their voting rights by the necessity of writing in the names of such candidates. Section 39 of Art. 33 provides for nominations for office, otherwise than by conventions or primary elections, by certificates of nomination signed by .registered voters who state their intention to support the nominees. ⁵¹⁹ If the “office” is to be filled by an election participated in by the voters of the entire State”, the number of signatures required is not less than two thousand.

Lesser numbers are required for congressional or local elections. Section 45 provides that the Secretary of State shall certify the nominees to the various Supervisors of Elections “not less than eighteen days before an election to fill any public office”. Section 44 provides that “except in cases provided for in Section 48 [dealing with vacancies] and cases of special election to fill vacancies in office caused by death, resignation or otherwise, and except in cases of nominations which are made at the primary election, such certificates of nomination shall be filed respectively with the Secretary of State in cases of nominations for State-wide offices, and in cases of nominations for offices where the certificate is required to be filed with the Supervisors of Elections, with the Board of Supervisors of Elections not later than fifteen days before the day on which the primary election is held or should be held under the primary election law.” The Secretary of State and the Supervisors of Elections, respectively, are required to publish the names of all signers “within thirty days after the filing of any such petition.” The latter provision was discussed and held valid in Munsell v. Hennegan, 182 Md. 15, 23 , 31 A. 2d 640, 644 , 146 A. L. R. 660. It was said in that case that “in some cases the courts have stressed the right of a political party to have its candidates on the ballot, while in other cases, the right of the legislature to impose reasonable restrictions has been given greater weight.” Compare Kenneweg v. Allegany County Com’rs, 102 Md. 119 , 62 A. 249 .

The appellant argues that although the nominations in the case at bar are for offices “to be filled by an election participated in by the voters of the entire State”, as mentioned in section 39, they are not “nominations for State-wide offices,” as mentioned in Section 44. We think this argument is unsound for several reasons. In the first place, it would appear that the legislature did not ⁵²⁰ intend that the words should be