ELECTIONS. 1285

who has been duly challenged in relation to his right to vote at such elec-
tion without exacting from such person such oath or other proof of quali-
fication as may be required by law; or shall wilfully omit to challenge any
person offering to vote whom he knows or suspects to be not entitled to vote,
and who has not been challenged; or shall wilfully refuse to open and show
the ballot-box to be empty prior to the opening of the polls; or shall per-
mit any barricade or obstruction of any kind to be interposed, so that all
who desire can not constantly see such ballot-box, shall upon conviction
thereof be punished by imprisonment in j ail .or in the penitentiary for not
less than three months, nor more than two years.

As to civil liability of judges of election for fraudulently and maliciously 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.

See sec. 173.

An. Code, sec. 94. 1904, sec. 92. 1896, ch. 202, sec. 86.

102. Every judge or clerk of election or other officer or person who
shall make, sign, publish or deliver any false tally or return of an elec-
tion, or any false certificate or statement of the result of an election, know-
ing the same to be false, or who shall wilfuly 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 pun-
ished by imprisonment in the penitentiary for not less than one nor more
than ten years.
See sec. 173.

An. Code, sec. 95. 1904, sec. 93. 1896, ch. 202, sec. 87.

103. If any person other than a judge of election shall at any election,
knowingly and wilfully put, or cause to be put any ballot or ballots, or
other paper having the semblance thereof into any box used at such elec-
tion 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 ballots in any manner change, substi-
tute 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 con-
viction 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. 173.