The midland journal. (Rising Sun, Md.) 1885-1947, 1942-06-12
Walsh Advises That
Ballots Of Service
Men Will Count


walsh has ruled that the votes sent
in by mail by Maryland voters In
the armed forces of the country
would be received and counted IN
time to figure in the nominations
for the general election. The ruling
of Attorney General Walsh multi
fies the date of September 14th,
which had been set as the date for
the primaries by the State CHAIR
men of the Democratic and Republic
can PARTIES and, in effect, set the
date for the primaries as September
8th.
In his opinion, which was given
to John ]. Nowakowski, Chief Clerk
of the Board of Supervisors OF Elec-
lions of Baltimore City, Judge
Walsh quoted Chapter 1913 OF the
Acts of 1941, title Elections, Sub
title. voting by Mall, which pro-
vides as follows:
whenever, in time of peace or
war, the Maryland National Guard,
or any of the units thereof, the
Maryland Naval Militia, or any OF
the units thereof, or any units of
the armed forces of the United
States, shall be called into active
service, or citizens of this State
shall be indicted into the armed
forces of the United States under
any Federal Consumption laws, and
by reason of such circumstances,
duly qualified voters of the State
are absent from the ward or cleo
ton district in which they reside on
the day set for any general, primary
or special election, whether Presl-
Dental, Congressional, Judicial,
State, County or Legislative District
or any election in Baltimore City,
the Governor may, by proclamation,
published once in no more than
three newspapers in each county and
in Baltimore City, suspend the oper-
alton of the election laws of the
State and all rules and regulations
adopted Hereunder, as far as. such
laws and rules and regulations are
inconsistent with the provisions of
this subtitle"
The Attorney General pointed out
that upon the issuace of such pro
clamation all those absent in the
military service are authorized to
vote by mail in accordance with the
provisions of the Voting BY Mail
Law.
Attorney General Walsh stated
that the Governor has issued such
a proclamation and advised that the
last date on which certificates of
candidacy for nominations in the
coming primary can be filed is As
days before the day on which the
primary election will be held. This
date makes July oath the last day
on which any candidate for nomin-
alton for State, Congressional, or
County Office can file. General
Walsh, in his opinion, pointed out
that the last day upon which certi-
ficates of candidacy for nomina-
ttion could be withdrawn would be
thirty days before the primary date.
After the State Chairmen of
the Democratic and Republican Par
ties had set September 18th as the
date Of the primary an immediate
protest was raised by election Off
Gals, who objected that the party
chairmen's action was tantamount
to Merchandising all the absentee
voters. They pointed out that mailed
ballot may not be opened and count
ed until ten days after the primary,
whereas the party nominating con-
ventions must be held not later
than September 18th. Consequently,
should the primary be held on Sep
TENDER 18th, then the mailed votes
could not be opened until Septem
Der oath making them just 6 days
too late to have any effect at the
party nominations.
The ruling of the Attorney Cen
eral that an early date must be set
for the primary assured Maryland
Service Men that their votes would
be received and counted in the COM
ing primary elections.