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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1533   View pdf image (33K)
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ELECTIONS 1533

An. Code, 1924, sec. 205. 1912, sec. 190. 1908, ch. 737, sec. 160J. 1910, ch. 741,

sec. 160M (p. 127).

243. Each of said judges appointed under this sub-title shall have
power to cause the arrest of any one violating any of the provisions hereof,
and in the absence of any person authorized by law to make arrests said
judge may designate some person for that purpose, and each of the judges
shall be conservators of the peace in their respective primary election
polls, at which they may act as such judges, and may, in the manner herein
provided, cause the arrest of any person disturbing the peace, and cause
the party so arrested to be committed for the action of the grand jury or a
justice of the peace, as the case may be.

Cited but not construed in Cochran v. State, 119 Md. 547.

An. Code, 1924, sec. 206. 1912, sec. 191. 1908, ch. 737, sec. 160K. 1910, ch. 741,

sec. 160N (p. 127).

244. Any judge or clerk of such primary election, or any member of
any committee, or of the governing body of any political party participat-
ing in primary elections under this sub-title, or any delegate to a conven-
tion or party executive, on whom any duty is required in this sub-title to
be performed, who shall be guilty of any wilful violation of any provision
of this sub-title, or of any neglect or corrupt practice in executing the
same, not otherwise provided for herein, he or they shall, upon conviction
thereof, be punished by a fine of not less than one hundred dollars ($100)
nor more than five hundred dollars ($500), or by imprisonment in jail for
not less than thirty days, nor more than ninety days, or by both such fine
and imprisonment, in the discretion of the court.

This section was not repealed nor in any way affected by act of 1912, ch. 2, and there
is nothing in sec. 242 as re-enacted by said act which imposes any additional penalty
or affects the rights of any person under sec. 242 or under this section, of which traverser
can complain. Indictment held to correctly charge offenses set out in this section. Since
an indictment was based upon this section, an instruction is erroneous which directs
jury that sec. 140, which makes wilful neglect of duty the offense, was applicable.
Punishment imposed held to be altogether different from that prescribed by this section;
remand of record for entry of proper judgment. Cochran v. State, 119 Md. 547.

An. Code, 1924, sec. 207. 1912, sec. 192. 1908, ch. 737, sec. 160P. 1910, ch. 741, sec. 160-O

(p. 127).

245. If any clerk or judge of any such primary election, or any person
performing the duties thereof shall wilfully keep a false poll list or the
book of registry or shall knowingly insert in his poll list or the book of
registry any false statement or name or statement or abbreviation of a word
or any check, alteration or mark, except as in this sub-title provided, or who
is guilty of concealing, wilfully destroying, mutilating, defacing, falsifying
or fraudulently removing or secreting the whole or any part of any record
registry of voters, return or statement of votes, poll list or any papers,
documents, ballots, envelopes or papers of any description in this sub-title
directed to be made, filed or preserved permanently or until after the votes
are canvassed and the results finally announced, or who shall fraudulently
make an entry, erasion or alteration therein, except as allowed and di-
rected by the provisions of this sub-title to do, or who permits or encourages
any other person to do so, shall, upon conviction thereof, be punished by a
fine of not less than one hundred dollars ($100) and not more than one
thousand dollars ($1,000), or by imprisonment in jail for not less than
ninety days and not more than two years, or by both such fine and im-
prisonment, the informer to receive one-half of the fine collected.

For abolition of informer's fees, see art. 38, sec. 3.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1533   View pdf image (33K)
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