Offenses and Penalties UNDER PRIMARY ELECTION LAW. 189. The provisions, all and singular, from Section 89 to 117 of this Article, both inclusive, and the offenses defined and the penalties and punishments prescribed therefor in said sections, respectively, shall be fully applicable in all respects to the same persons, matters and omissions in connection with or pertaining to the primary elections of any primary election held under this Article, sub-title, "Primary Elections;" and said sections are hereby made applicable to all primary elections provided for and held hereunder; except the penalty upon the vote-seller, etc., so as not to conflict with Section 199A, which places the penalty on the vote-buyer alone, and any judge, clerk or other officer of any primary election, or any voter or other person, except the vote-seller as aforesaid, who would be deemed guilty of any offense against the General Election Law, or under provision or provisions thereof, in a general election, who is found guilty of the same offense in any primary election, as herein provided for, shall be deemed guilty of the same crime of which his offense is made to consist by and under the General Election Law, and particularly under any of the above-mentioned sections, respectively, thereof, and shall be liable to the same punishment or penalty as is prescribed for such sections thereof; provided that Sections 190 to 199 of this Article with respect to offenses, penalties and punishments under the Primary Election Law shall have full force and effect in all cases to which the same are applicable. Corrupt Practices Act Applies to Primary Elections. Section 163 of Article 33 of the Code being the first section of Corrupt Practices Act declares that the provisions of that Act are applicable to primary elections and that the term "Primary Election" shall include (a) all elections held to nominate candidates for any public office or to elect delegates to a nominating convention; (b) nominating conventions of such delegates; (c) caucuses of members of the General Assembly. (Acts of 1908, Chapter 122.) given in the execution of his duty at such election, or if any person causes any breach of the peace, or is guilty of any disorder, violence, or threats of violence, whereby the election or canvass shall be impeded or hindered or whereby the lawful proceedings of any judge, clerk, or governing body of such party, or challenger, or watcher are interfered with, such person shall, upon conviction thereof, be fined, or imprisoned, or both. Obstructing, Assaulting, Bribing or Soliciting Judges or Clerks, Etc. Section 194 makes it a criminal act, punishable by fine, imprisonment, or both, for any person knowingly or wilfully to obstruct, hinder or assault, or by bribery, solicitation, or otherwise to interfere with any judge, or clerk, or challenger, or watcher in the performance of any duty required of him, or which he may by law be authorized or permitted to perform, or for any person, by any of the means aforesaid, or otherwise, on the day of the primary election, or of the canvassing of the returns of such primary election, to hinder, or prevent any judge, clerk, challenger or watcher in his free attendance and presence at the place of holding such primary election, or canvassing the returns therefrom, or in his full and free access to and from any room where the same is held, or to molest, interfere with, remove or eject from any such place of voting or of canvassing any such judge, clerk, challenger or watcher, or who shall unlawfully threaten, or attempt or offer to do so. Concealing, Breaking or Destroying Ballot Boxes, Etc. Section 195 makes it a felony under the Act, punishable by imprisonment in the penitentiary for not less than one or more than five years, for any person upon the day of the pri mary election, or before the canvass of the votes is completed to conceal or wilfully break or destroy any ballot box used or intended to be used at such primary election, or to wilfully or fraudulently conceal, secrete or remove any such ballot box, or the book of registry or any of the ballots or other paraphernalia provided for holding such primaries from the custody of the judge or judges of primary election, or other person in charge thereof, or to 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 Act required; or to print or circulate as an official ballot one which is not official. (Section 195.) Judge or Clerk Must Not Be Late.-Presence of a Majority of the Judges at Opening of the Polls Asbolutely Essential. Section 196 makes it criminally punishable for the judges or clerks of any primary election to be late without urgent necessity at the opening of the polls, or to absent himself during the primary election or during the canvass of the ballots or the making up of the returns, or to receive any vote or proceed with the canvass of ballots or consent thereto unless a majority of the judges of the primary election in said election district are present and concur. Drinking or Selling or Buying of Any Distilled or Spirituous Liquors, Wine, Ale or Beer, at Any Place of Primary Election, During Hours of Primary Election, Prohibited and Punishable by Fine.-No Sale of Liquor on Primary Election Day.—Also Making of Bets or Wagers Upon Results of Election Prohibited. Section 197 makes it criminal and punishable for any person, during the hours of any primary election or canvass of votes, or of making returns thereof in any election district, to bring, take, order or send into, or attempt to bring, or take, or send into any place of primary election any distilled or spirituous liquors, wine, ale or beer or at such time and place, drink or partake of such liquors, and also for the keeper of any hotel, tavern, store or any other establishment, or for any person or persons, 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 primary election hereafter to be held in any county or in Baltimore city. No betting or making of wagers upon the result of the primary election is permitted, and any person guilty of such, upon conviction thereof, shall be fined. Electioneering, Unnecessary Assistance of Voters, Undue Influence of Same, Etc., Within One Hundred Feet of Polling Place, Punishable by Fine, Imprisonment, or Both. Section 198 provides that whoever shall electioneer within 100 feet of any polling place of any primary election in any county or who shall place a distinguishing mark upon any ballot delivered to for the use of any voter at any 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 Act, or who shall show the face of a marked ballot to any judge, clerk, officer or other person inside the polling place before the polls close, or 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 the 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 fine, or imprisonment, or both. Corrupt Practices Act Expressly Applicable. Section 199 makes all the provisions, prohibitions and penal ties prescribed in the Corrupt Practices Act applicable to primary elections held under the Primary Election Law, and exempts the vote seller from punishment and imposes the penalty upon the vote buyer alone. Section 199A is a most important one and provides for the punishment by fine and imprisonment of anyone convicted of purchasing or attempting to purchase, directly or indirectly, the vote of any voter at a primary election, or of in any manner interfering with, or of in any manner coercing such voter by threats, insinuations, inducements or otherwise. It also provides that one-half of the fine shall be paid to the informer who may be the person who was bribed or coerced, or attempted to be bribed or coerced, and the person selling his vote is exempt from prosecution and punishment. (Section 199A.) Section 199B relates to primary election contests and clothes the Supervisors of Elections with full authority upon the petition of a defeated candidate to recount the ballots cast in any or all of the precincts of any county or city. Ample provision is made for an expeditious recount, and the recount must be in the presence of the candidates or their representatives, and the press and general public. (Section 199B.) |