Evening star., 1952-03-23
Court Fight Started
IN Maryland 10 Get
Write-Ins on Ballot
BY N. As.osiu..d Pres.

.
BY the Assoei1,ed Press
BALTIMORE. Mar. 22.-Two
factions started legal action today
to provide for writing In the name
Of presidential candidates at
Maryland's primary elections
May 5.
One group had the avowed pur-
pose Of steaming UP a write-in
campaign for Gen. Eisenhower.
The leader of the other group
has been a backer Of Gen. Mac
Arthur, but at a meeting Of his
followers there was talk of swing
ing to Gen. Eisenhower.
Both camps filed motions in Cir
cult Court this morning asking for
q writ of mandamus requiring
election officials to make provision
for write-in votes at the primary.
I Intricate Court Test.
The court Immediately issued
orders requiring the State officials
to appear next Friday ana show
why such writs should not be
issued.
The suits touched of a court
test Of intricate and confused
election laws.
Attorney General Hall HAM
mond gave an offhand opinion
several days ago that write-in
votes at the primary have not
been legal since a ruling by Mary
lands Court Of Appeals is years
ago.
Since then, no blank spaces for
write-in votes have appeared on
primary ballots and the write-in
space on voting machines used
in Baltimore and some of the
counties has been locked at the
primaries.
Mr.. Hammond conceded, how
ever, there is room to question
this.
The law on ballots for the pri-
mary provides they shall conform
to general election practices and
the law on general elections says:
Nothing in this article shall
prevent any voter from writing on
his ballot in the proper place the
name Of any persons other than
those already printed for whom
he may desire to vote for any
ONCE.
Blunt Backs General.
One of the suits was brought byI
Royden A. Blunt. Howard County
businessman, who is running for
the Republican nomination to the
Senate with the slogan: BE Blunt
for Eisenhower.
The other action was started by
Temus Bright, who seeks the Re-
publican nomination from Mary
lands, 4th congressional district
in Baltimore.
The legal question is: Which
prevails. the general provision
about ballots or the special statute
which sets up Maryland's intricate
presidential preference vote at the
primary?
But for Senator Kefauver, DEM
ocrat, of Tennessee, there would
have been no presidential prefer
ential primary at all In Maryland
this year. He was the only one
70 file.
The law provides that a can
didate must file his own declara-
ton and pay a fee. It cannot be
done for him.
His name then goes on his
party's ballot. The ballot also
must have a space where the
voter can show he favors an "un-
instructed delegation" rather than
any one candidate.
Only One to File.
Since Senator Kefauver was
the only one to file, the presiden-
tial primary had stacked up sim
ply as a contest between Senator
Kefauver and an ."uninstructed
delegation"
Hyman Pressman, attorney for
Mr.. Blunt, expressed the belief
that If a write-in provision is
added to this setup, Gen. Eisen-
hover will poll more votes even in
the Democratic primary than
Senator Kefauver."
A win in the Presidential pri-
mary is long way from capturing
Maryland's delegation to a ma
tional political convention.
After the primary there are the
State conventions. Each County
and Baltimore legislative district
has the same number of delegates
to the State convention as it has
members in the general assembly,
ranging from three to seven.
If q Presidential candidate
carries County, in the primary,
that County's delegates to the
State convention must vote for
him as long as he has any chance
Of winning.
Future Course Explained.
# "uninstructed delegation"
wins, they must hold out for an
uninstructed delegation to the ma
tional convention as long as that
idea has chance of approval by
the majority.
# the State convention decides
on candidate or an uninstructed
delegation, then the Maryland
delegates to the national con-
vention must vote that way as
long as there is a chance Of
winning.
Safe Found in Truck