ART. 33] DEFENSES. 901
knowing the same to be false, or who shall wilfully deface, destroy or
conceal any statement, tally or certificate entrusted to his care and
custody, shall on conviction thereof be adjudged guilty of a felony, and
shall be punished by imprisonment in the penitentiary for not less than
one nor more than ten years.
See sec. 162.
1904, art. 33, sec. 93. 1896, ch. 202, sec. 87.
95. If any person other than a judge of election shall at any elec-
tion, knowingly and wilfully put, or cause to be put any ballot or bal-
lots, or other paper having the semblance thereof into any box used
at such election for the reception of votes; or if any judge of election
knowingly or wilfully cause or permit any ballot or ballots to be in said
box at the opening of the polls, and before the voting shall have begun;
or shall knowingly, wilfully or fraudulently put any ballot or other
paper having the semblance thereof in any such box at any election,
unless the same shall be offered by a voter whose name shall have been
found and kept upon the registry, as hereinbefore provided, or who
shall be entitled to vote under this article; or if any judge of election
or other officer or person shall fraudulently during the canvass of bal-
lots in any manner change, substitute or alter any ballot taken from the
ballot box then being canvassed, or from any ballot box which has not
been canvassed, or shall remove any ballot or semblance thereof from
or add any ballot or semblance thereof to the ballots taken from the
ballot box then being canvassed, or from any ballot-box which has not
been canvassed, every such person shall upon conviction thereof be
adjudged guilty of a felony, and shall be punished by imprisonment in
the penitentiary for not less than one nor more than five years.
See sec. 162.
Ibid. sec. 94. 1896, ch. 202, sec. 88.
96. If any judge or clerk of election, or any officer of registration,
revision, election or canvass of whom any duty is required in this
article, or by any other election law of this State, shall be guilty of
any wilful neglect of such duty, or any corrupt or fraudulent conduct
or practice in the execution of the same, he shall, upon conviction
thereof, be punished by imprisonment in jail for not less than thirty
days nor more than three years, or by a fine of not less than fifty ($50)
dollars nor more than one thousand ($1,000) dollars, or by both such
fine and imprisonment.
If there be a remedy under this section, it does not necessarily depend upon
the construction of section 45, but upon the question of whether the officers
mentioned were guilty of corrupt or fraudulent conduct or practice in the
performance of their duties, or, in some cases, of wilful neglect of duty.
Thom v. Cook, 113 Md. 92.
As to the civil liability of Judges of election for fraudulently and mali-
ciously refusing to register a voter, see Friend v. Hamill, 34 Md. 298; Elbin
v. Wilson, 33 Md. 142. See also, Hardesty v. Taft, 23 Md. 530.
As to the indictment of an officer of registration under the act of 1882, ch
22, see MIncher v. State. 66 Md. 230.
See sec. 162.
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