1286 ARTICLE 33.

An. Code, sec. 96. 1904, sec. 94. 1896, ch. 202, sec. 88.

104. 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.

An indictment being under sec. 206, an instruction is erroneous which directs the
jury that this section which makes wilful neglect of duty the offense, is applicable.
Cochran v. State, 119 Md. 555.

If there be a remedy under this section, it does not necessarily depend upon
construction of sec. 53, but upon 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 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.

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. 173.

An. Code, sec. 97. 1904, sec. 95. 1896, ch. 202, sec. 89.

105. Every judge or clerk of election or other officer or person having
the custody of any record, registry of voters or copy thereof, oath, return
or statements of votes, certificate, poll-list, or any papers, documents, bal-
lots, coupons or vote of any description in this article directed to be made,
filed or preserved, who is guilty of concealing, wilfully destroying, mutilat-
ing, defacing, falsifying or fraudulently removing or secreting the whole
or any part thereof, or who shall fraudulently make any entry, erasure
or alteration therein except as allowed and directed by the provisions of
this article, or who permits any other person to do so, shall upon convic-
tion thereof be adjudged guilty of a felony and shall be punished for each
and every such offense by imprisonment in the penitentiary for not less
than one nor more than ten years.
See sec. 173.

An. Code, sec. 98. 1904, sec. 96. 1896, ch. 202, sec. 90.

106. Every person not an officer, such as is mentioned in the last pre-
ceding section, who is guilty of any of the acts specified in said last sec-
tion, or who advises, procures or abets the commission of the same, or any
of them, shall upon conviction thereof be adjudged guilty of a felony, and
for each and every such offense shall be punished by imprisonment in the
penitentiary for not less than one nor more than ten years, and such offense
shall be deemed to have been committed whether such person has or had
any custody or control, rightful or otherwise, over, or is charged with any
duty in relation to said records, registers, ballots, coupons or other docu-
ments.

See sec. 173.