fere with any judge or clerk or challenger at such primary election, in the performance of any duty required by him or which he may by law be authorized or permitted to perform, or if any person by any of the means before mentioned or otherwise unlawfully shall, on any day of primary election, or of canvass of the returns of such primary election, hinder or prevent any judge, clerk, challenger and watcher at any primary election, in his free attendance and presence at the place of holding such primary election or of canvassing the returns therefrom or in his full and free access to and from any room where the same is held, or shall molest, interfere with, remove or eject from any such place of voting or of canvassing, any such judge, clerk or challenger and watcher, or shall unlawfully threaten or attempt or offer so to do, every such person shall be guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in jail for not less than three months nor more than one year, or by a fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), or by both fine and imprisonment, and the informer shall receive one-half of the fine collected. Chapter 160, Acts of 1916. 195. If any person upon the day of such primary election, or before the canvass of the votes is completed, shall conceal or wilfully break or destroy any ballot-box used or intended to be used at such primary election, or shall wilfully or fraudulently conceal, secrete or remove any such ballot-box or the book of registry or any of the ballots, stubs or coupons or other paraphernalia provided for holding such primaries from the custody of the judge or judges of primary election or other proper person in charge thereof, or shall alter, deface, injure or destroy or conceal any ballot which has been deposited in any ballot-box at such primary election which has not been counted and canvassed, or any poll list or book of registry used at such primary election or any report, return, certificate or any evidence in this sub-title required, or any person who shall print or circulate as an official ballot one that is not official and complete, he shall, upon conviction thereof, be adjudged guilty of a felony and shall for each and every such offense be punished by imprisonment in the penitentiary for not less than one or more than five years. Chapter 741, Acts of 1910. 196. If any judge or clerk of any such primary election shall without urgent necessity be late at the opening of the polls, or shall absent himself therefrom during the primary election or during the canvass of the ballots or the making up of the returns, or shall receive any vote or proceed with the canvass of ballots, or shall consent thereto, unless a majority of the judges of the primary election in said election district are present and concur, he shall upon conviction thereof be adjudged guilty of a misdemeanor and shall be punished by imprisonment in jail for not less than ten or more than ninety days, or by a fine of not less than ten dollars ($10) or more than two hundred dollars ($200), or by both such fine and imprisonment, in the discretion of the Court. Chapter 741, Acts of 1910. 197. Whoever, during the hours of any such primary elec tion or canvass of votes or of making returns thereof in any election district, shall bring, take, order or send into, or shall attempt to bring or take or send into any place of such pri mary election any distilled or spirituous liquors, wine, ale or beer, or shall at any such time and place, drink or partake of such liquor, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than ten dollars ($10) or more than one hundred dollars ($100). It shall be unlawful for the keeper of any hotel, tavern, store or any other establishment, or for any persons, or person, corporation or corporations, directly or indirectly, to sell, barter, give or dispose of any spirituous or fermented liquors, ale or beer, or intoxicating drinks of any kind on the day of any such primary election hereafter to be held in any county or in Baltimore city; any person or corporation violating the provisions of this section shall be liable for indictment and shall, upon conviction, be fined not less than fifty dollars ($50) or more than one hundred dollars ($100) for each offense, one-half of the fine shall be paid to the informer. Any person who shall make any bet or wager upon the result of any such primary election to take place in any county shall be liable to indictment, and upon conviction thereof shall be fined not less than fifty dollars ($50) nor more than five hundred dollars ($500). Chapter 160, Acts of 1916 198. Whoever shall electioneer within one hundred feet of any polling place of any such primary election in any county or shall hand or deliver to any voter within one hundred feet of the election booth or within the booth itself any ballot marked or unmarked, except the unmarked ballot required by law to be handed the voter by the primary election officials, or who shall place a distinguishing mark upon any ballot delivered to for the use of any voter at such primary election, or who shall endeavor to induce any voter within the polling place to show how his ballot has been marked, or who shall deliver to any voter for use in casting his ballot, or use any ballot different from those provided for in this sub-title, or who shall show the face of a marked ballot to any judge, clerk, officer or other person inside of the polls before the polls close, who shall induce, request, directly or indirectly agree with or encourage a voter to keep his ballot in sight of any person or persons from the time at which its contents are known by any such person or persons or his associate or associates until delivered to the judge to be deposited in the ballot-box, shall, upon conviction thereof, be punished by a fine of not less than fifty ($50) dollars nor more than two hundred ($200) dollars, or by imprisonment in jail for not less than fifteen days nor more than six months, or by both such fine and imprisonment, and one-half of such fine collected shall be paid to the informer. Chapter 160, Acts of 1916. 198A. Any and all violations of any of the provisions of Sections 184, 185, 195 and 198 of said Article 33 of the Annotated Code of Maryland, as the same exist at present, which may occur or be committed at any time prior to the time when this Act shall take effect, shall be prosecuted and punished, either before or after said date, in all respects as if the Act of 1916, Chapter 160, had never been passed. Chapter 2, Acts of 1912. 199. Nothing whatsoever in this sub-title shall be taken or construed to prevent the application to the primary elections held hereunder and to the acts of all persons in connection with or relating to said primary elections of the provisions, prohibitions and penalties prescribed in Chapter 122 of the Acts of the General Assembly of Maryland of 1908, and all supplements and amendments thereto relating to corrupt practices at general and primary elections in this State and all the provisions, prohibitions and penalties prescribed in said Act, so far as the same relate to primary elections, are hereby declared to be applicable to the primary elections in this subtitle provided for, except the penalty upon the vote-seller, etc., so as not to conflict with Section 199A herein which places the penalty upon the vote-buyer alone. Chapter 2, Acts of 1912. 199A. If any person or corporation shall give or offer to give directly or indirectly any bribe, present or reward, or any promise or any security for the payment or the delivery of money or any other thing of value to induce any voter or person entitled to vote at any primary election 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 whose name may appear upon the ballot prepared for such primary election, or who by threats, insinuations or otherwise shall coerce or attempt to coerce any voter or person entitled to vote from casting his vote or by threats, insinuations or otherwise shall coerce or attempt to coerce any such voter or person entitled to vote in any primary election, into voting for any candidate or person whose name may appear upon the ballot prepared for such primary election, such person or corporation so offending in any particular, shall, upon conviction thereof be punished by imprisonment in the penitentiary for not less than one year nor more than three years and by a fine of not less than five hundred dollars nor more than one thousand dollars in the discretion of the Court for each offense; one-half of the fine shall be paid to the informer who may be the person whose vote was bribed or coerced, etc., as above and upon whom no penalty is placed and who shall not be subject to prosecution for selling or delivering his vote or refraining from voting, and the other half to the State of Maryland. Chapter 2, Acts of 1912. 199B. Within seven days after the day of any primary election any candidate for a nomination or for delegate to any convention or for executive or member of any committee or position who has been defeated on the face of the returns may petition the Supervisors of Elections of Baltimore city or of any county of the State for an appeal from and review of the action and decision of the judges of election in counting the ballots and for a recanvass and recount of the ballots cast in any or all of the precincts of said county or city or ward or legislative district or political division therein or if said candidate was running for a State office or for Congress or for judge he may petition for said recount in two or more counties or legislative districts or wards or precincts in Baltimore city simultaneously. The Supervisors of Elections of Baltimore city and of the several counties of the State are hereby given jurisdiction and power to hear and determine said appeals; to review and correct the action of the judges of election in their respective jurisdictions and to recanvass, recount and certify said result of said primary election. And for all the purposes of said review, recount, recanvass, etc., the said Supervisors of Elections shall act and be judges of election for counting said ballots acting as such in the premises within their respective geographical jurisdictions. Upon the filing of said petition as aforesaid accompanied by affidavits made by officers of election or by watchers, challengers or by other persons setting forth acts of fraud, mis take, error or irregularity in making said count or returns by the judges of election or setting forth that some of the returns and tally sheets of said primary election show on their face ambiguity, error, or fraud, mistake or miscalculation by the judges of election, or if no such affidavits are filed with said petition and the petitioner in lieu of such affidavits offers to give and does give bond, in amount to be fixed in each instance and approved by a Judge of the Supreme Bench of Baltimore city or of the Circuit Court for the county as the case may be, to pay the reasonable costs of said appeal, recount, review and recanvass. The said Supervisors shall in either event produce before them the ballot-boxes, returns, tally sheets and paraphernalia of said election and shall proceed forthwith in a summary way without answer, pleading or technicality and without requiring any evidence to be taken or proof submitted, to review the actions of the judges of elections and recount the ballots in the precincts named in said petition in said county, city, legislative district, ward or other political division thereof as the case may be. Said review, recount and recanvass shall be had with all possible expedition and dispatch and in preference to all other business under such mode of procedure as the Supervisors of Elections shall prescribe by means of tellers appointed by them on the recommendation of and with equal representation to the opposing candidates. The said supervisors to pass upon and decide whether any ballot contested by the teller for either side shall be rejected or counted. They shall sit for said purpose in the court room of the Superior Court of Baltimore city or of the Circuit Court for the county as the case may be every day, including Saturdays, at least from nine o'clock A. M. to five o'clock P. M., with one hour's intermission for lunch until said review, recount and recanvass is completed. Said recount shall be had in the presence of the candidates or their representatives and of the press and general public. Upon the completion of said recount and recanvass the said Supervisors shall award the costs of the same as follows: If the result in such county, municipality, legislative district or other district or political division as returned by the judges of election is changed thereby or if there is a change thereby of two per cent. of the total votes recounted the costs shall be awarded against the municipality or county in which said recount is held. But if the result in such county, munici pality or legislative district or other political division is not changed thereby nor two per cent. or more of the votes therein recounted is found to have been erroneously counted, then the costs shall be awarded against the petitioner, and his bond, if given as above, shall be liable therefor. |