Wells v. Munroe

Citations

• 86 Md. 443
• 38 A. 987
• 1897 Md. LEXIS 138

Syllabus

<p>Elections and Voters—Mandamus to Supervisors of Election Directing Name of Candidate to be Printed on Official Ballot—Clerk of Court— Contested Election— Vacancy in Office.</p> <p>Under the Act of 1896, ch. 202, requiring the Supervisors of Election of a county to print upon the official ballot the names of all persons nominated in the manner specified for an office to be voted for by all the voters of a county, the duty of the Supervisors is not discretionary, and their action in the premises may be controlled by mandaimis.</p> <p>If there is a vacancy in an office to be filled at a certain election and a person has been duly nominated therefor, the Supervisors may be compelled by the mandamus to put his name upon the official ballot. But the writ would not be issued if there was in fact no vacancy in the office to be filled.</p> <p>Constitution, Art. 4, sec. 25, provides that the Clerks of the Circuit Courts for the counties shall be elected by the people and hold their offices for the term of six years, and that in case of a vacancy, the Judges shall fill the same until the next general election for the Legislature. Art. 4, sec. 12, provides that the election of a Clerk may be contested before the House of Delegates, and that if the judgment be against the one returned elected or commissioned by the Governor, the House shall order a new election within thirty days. After an election held in November, 1895, W. was returned as elected Clerk of the Circuit Court for Anne Arundel County, commissioned as such by the Governor and entered upon the discharge of the duties. The election was contested by his opponent, and in March, 1896, the House of Delegates adopted a resolution declaring that W. was not duly elected, and ordered a new election to held on April 21, 1896. In consequence of a change in the machinery of the election laws made by the Legislature the special election' so ordered could not be held, and W. continued in office. In August, 1897, W. was renomin