654. ELECTIONS—JUDGES OF ELECTION. [ART. 33.

dollars for every such neglect, unless prevented by sickness or
other sufficient cause, in the opinion of the court and jury before

whom he shall be tried.

P. G. L., (1860,) art. 35, sec. 6. 1805, ch. 97, sec. 8. 1860, ch 10, sec. 3.
1867, ch. 374. 1884, ch. 112.

45. At any election, federal, State or county, hereafter held
in this State, if any one or two of the judges so appointed shall
fail to attend at the place of election at the time prescribed for
opening the election, the county commissioners, or a majority of
them, shall appoint a judge or judges in the place of the judge

or judges failing to attend ; provided, that one of the three judges
shall always be of a different political party from themselves, or a
majority of themselves; and in case the said commissioners, or a
majority of them, cannot be convened, or do not fill such vacancy
before the hour for opening the election, the remaining judges or
judge who shall so attend shall appoint a judge or judges in the
place of the judge or judges failing to attend; the judge or one
of the judges so appointed to be of a different political party
from that of the judge or judges so appointing, if both are of the
same party; if none of the judges appointed by the county com-
missioners shall attend at the place of election at the time pre-
scribed for opening the election, it shall be lawful for the justices
of the peace for the said county there present, or a majority of
them, or for one such justice of the peace, if only one be
present, to appoint three reputable persons who are voters and
residents of the voting precinct or district, to act as judges in the
place of those failing to attend; and in case no such justice of
the peace is present, then a majority of the voters present shall
select by ballot three persons as aforesaid, to act as judges in the
place of those failing to attend, and the judges so appointed shall
be vested with the same power and authority, and be subject to
the same penalties and responsibilities, as if they had been ap-
pointed by the county commissioners; provided, that nothing
herein contained shall be construed to apply to Baltimore city.

Ibid. sec. 7. 1805, ch. 97, sec. 6.

46. The said judges shall be conservators of the peace during
the continuance of the election and until the ballots shall be
counted, and the necessary certificates required by this article