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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 27   View pdf image (33K)
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ART. I] ELECTIVE FRANCHISE. 27

This section relates only to elections which the constitution itself
requires to be held, and hence has no application to municipal corporations
other than Baltimore city; hence a statute regulating the right to vote at
an election in Bel Air was held valid. Hanna v. Young, 84 Md. 181.

While the qualifications of a voter as fixed by this section cannot be
enlarged nor curtailed, the legislature may enact rules of evidence by which
the facts establishing the right to vote may be proved. The act of 1890,
ch. 573, providing that voters who had removed from the state should
make an affidavit that they intended to return to the state and that the
voter should subsequently return in accordance with the affidavit, held
valid. Southerland v. Norris, 74 Md. 328.

The portion of this section providing that "all elections shall be by bal-
lot" referred to in deciding that the requirement that the vote on a pro-
posed amendment to the constitution should be by ballot was not a legis-
lative enactment A proposed amendment to the constitution need not be
submitted to the Governor for his approval before it is voted on by the
people, and the Governor has no authority to veto such a bill. Bills held
not to contain distinct legislation; mandamus. Warfield v. Vandiver, 101
Md. 108. (See also, dissenting opinion, pages 128-132.)

Sec. 2. No person above the age of twenty-one years, convicted of
larceny or other infamous crime, unless pardoned by the Governor, shall
ever thereafter, be entitled to vote at any election in this State; and
no person under guardianship, as a lunatic, or as a person non compos
mentis, shall be entitled to vote.

Meaning of "infamous crime" as used in this section. This section
referred to in sustaining a demurrer to an indictment for perjury. State v.
Bixler, 62 Md. 359. Cf. State v. Floto, 81 Md. 603. And see, Garitee v.
Bond, 102 Md. 384.

This section referred to in construing article 1, section 4, of the constitu-
tion of 1864, and article 1, sections 1 to 5 of this constitution—see notes to
article 1, section 1. Anderson v. Baker, 23 Md. 618.

Sec. 3. If any person shall give, or offer to give, directly or indi-
rectly, any bribe, present or reward, or any promise, or any security,
for the payment or the delivery of money, or any other thing, to induce
any voter to refrain from casting his vote, or to prevent him in any
way from voting, or to procure a vote for any candidate or person
proposed, or voted for, as Elector of President and Vice-President of
the United States, or Representative in Congress, or for any office of
profit or trust, created by the Constitution or Laws of this State, or by
the Ordinances, or Authority of the Mayor and City Council of Balti-
more, the person giving, or offering to give, and the person receiving
the same, and any person who gives, or causes to be given, an illegal
vote, knowing it to be such, at any election to be hereafter held in this
State, shall, on conviction in a Court of Law, in addition to the penal-
ties now or hereafter to be imposed by law, be forever disqualified to
hold any office of profit or trust, or to vote at any election thereafter.

[Sec. 3. If any person shall give, or offer to give, directly or indi-
rectly, any bribe, present or reward, or any promise, or any security,
for the payment or delivery of money, or any other thing, to induce any
voter to refrain from casting his vote, or to prevent him in any way
from voting, or to procure a vote for any candidate or person proposed,
or voted for as the elector of President, and Vice-President of the

 

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The Annotated Code of the Public General Laws of Maryland, 1914
Volume 373, Page 27   View pdf image (33K)
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