Gambar halaman
PDF
ePub

Circuit Court of the county in which such treasurer or political agent resides, or in the office of the clerk of the Circuit Court of Baltimore. city, if such treasurer or political agent resides in said city, which statement shall include the amount of money or property in each case received or promised, the name of the person from whom it was received, or by whom it was promised, the amount of every expenditure made or promised, or valuable thing given or promised, or liability of any sort incurred, the name of the person to whom such expenditure, gift or promise thereof was made, or to whom such liability was incurred, and shall clearly state the purpose for which such money or property was so expended, given or promised, or for which such liability was incurred, separating expenditures, gifts and liabilities for elections and primary elections. Such statement shall also set forth in detail all unpaid debts and obligations, if any, of such treasurer or political agent, with the nature and amount of each, for what purpose incurred and to whom owing, and if there are no unpaid debts or obligations of such treasurer or political agent, such statement shall state such fact. Every treasurer and every political agent and every person who shall at any time act as treasurer or political agent, shall keep detailed, full and accurate accounts in proper book or books, to be called “Account Books,” to be provided and preserved by him, of all money or valuable things received by or promised to, and of all expenditures, disbursements and promises of payment or disbursements of money or valuable things made by any political committee, or any of its officers or members, or by any person acting under its authority, or on its behalf, or by such treasurer or political agent, and setting forth in such statement and accounts the sum or valuable things so received, or disbursed, or promised, as the case may be, and the date when, the person from whom received or promised, or to whom paid or promised, as the case may be, and the object and purposes for which such sum, or other valuable thing, was received, or disbursed, or promised, as the case may be. Every treasurer and every political agent, as defined by this Act, who shall fail or refuse to make out, verify and file with the clerk of the Circuit Court the statement required by this section of this Article, or who shall fail to provide, keep and preserve the book or books of account and the entries and statements therein as aforesaid, or any of them, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than three hundred dollars nor more than one thousand dollars.

CHAPTER 122, ACTS OF 1908. 168. Every candidate for public office, including candidates for the office of Senator of the United States, shall, within thirty days after the election or primary election held to nominate for or fill such office or place, make out and file with the officer empowered by law to issue the certificate of election to such office or place, and a duplicate thereof with the clerk of the Circuit Court for the county in which such candidate resides, or the clerk of the Circuit Court of Baltimore city, if such candidate resides in said city, a full, true and itemized statement in writing, which statement and duplicate shall be subscribed and sworn to by such candidate before an officer authorized to administer oaths, setting forth in detail all moneys or other aluable thing or things contributed, expended or promised by him to aid and promote, or in any way in connection with his nomination or election, or both, as the case may be, or for other political purposes in connection with the election of any other person at said election, and all existing unfulfilled promises or liabilities in that connection remaining uncancelled and in force at the time such -statement is made, whether such expenditures, promises or liabilities

were made or incurred before, during or after such election, and showing the dates when, the person to whom and the purposes for which each

and all of said sums or valuable things were paid, expended or promised, or said liabilities incurred. Such statement shall also set forth that the same is as full and explicit as the affiant is able to make it. In cases where the office or place is such that no commission or certificate of election is required by law to issue therefor, then the original statement

aforesaid shall be filed with the Secretary of State. No person shall be deemed elected to any elective office under the laws of this State or enter upon the duties thereof, or receive any salary or emoluments therefrom, until he shall have filed the statement and duplicate provided for in this section of this Article; and no officer authorized by the laws of this State to issue commissions or certificates of election shall issue a commission or certificate of election to any person claiming to be elected to any office, until such statement as aforesaid shall have been so made, verified and filed by such person with such officer. Any person violating or failing to comply with any of the provisions of this section shall be guilty of a misdemanor, and upon conviction thereof, shall be fined not less than three hundred dollars nor more than two thousand dollars, or imprisoned for not more than two years, or both fined and imprisoned in the discretion of the Court. Ten days after the period above ascertained for the filing of said original statement shall have expired, the officer with whom the same is, by this section, required to be filed, shall notify the proper prosecuting officer of any failure to file such statement on the part of any candidate, and within fifteen days thereafter such prosecuting officer shall proceed to prosecute for such offense.

CHAPTER 122, ACTS OF 1908. 169. Any wilfully false statement or entry made by any candidate for office, treasurer, political agent or any person acting as treasurer or political agent, or by any member or officer of any political committee, in any statement or account under oath required by this Act, shall consti. tute the crime of perjury, and be punished as such according to the laws of this State.

CHAPTER 122, ACTS OF 1908. 170. Every officer with whom statements or accounts, or duplicates thereof are required by any section of this Article to be filed, shall receive and file and preserve such statements or accounts, or duplicates thereof, in his office, and shall keep the same as part of the records thereof for at least three years after they are filed. And all such statements and accounts shall, during the hours for which the office in which they may be filed is open, be subject and open to the inspection of any citizen of this State, and copies of such statements or accounts, certified by the officer in whose office they may be so kept, under the seal of his office, shall be evidence in all the courts to the same extent as the original thereof would be if produced and proved.

CHAPTER 122, ACTS OF 1908. 171. The following persons shall be guilty of corrupt practices and shall be punished in accordance with the provisions of this Act. Every person who shall, directly or indirectly, by himself or by another, give or offer or promise to any person any money, gift, advantage, preferment, entertainment, aid, emolument or any valuable thing whatever, for the purpose of inducing or procuring any person to vote, or refrain from voting, for or against any person, or for or against any measure or proposition at any election or primary election or political convention or session of the General Assembly of Maryland, or either House thereof. Every person who shall directly or indirectly, receive, accept, request or solicit from any person, candidate, committee, association, organization or corporation, any money, gift, advantage, preferment, aid, emolument, or any valuable thing whatsoever, for the purpose of inducing or procuring any person to vote, or refrain from voting, for or against any person, or for or against any measure or proposition at any election or primary election or political convention. Every person who, in consideration of any money, gift, advantage, preferment, aid, emolument, or any valuable thing whatsoever, paid, received, accepted or promised to the advantage of himself or any other person, shall vote, or refrain from voting for or against any person, or for or against any measure at any such election, caucus or primary election or political convention. Every person who shall, directly or indirectly, pay, give, contribute or promise any money or other valuable thing, to defray or towards defraying the costs or expenses of any campaign or election, to any perosn, committee, company, club, organization or association, other than to a treasurer or a political agent; but this sub-section or paragraph shall not apply to dues regularly paid for membership in any incorporated political club if all money expended by such club for or in connection with the costs or expenses of any campaign or election shall be paid out by it only through a treasurer or political agent as provided in this Act, or to any expenses for postage, telegrams, telephoning, stationery, printing, expressage or traveling and board incurred by any candidate for office or for nomination thereto, so far as they are permitted by this Act. Every person who shall, directly or indirectly, by himself or through another person, make a payment, or promise of payment, to a treasurer or political agent in any other name than his own, and every treasurer or political agent who shall knowingly receive a payment, or promise of payment, and enter the same or cause the same to be entered in his accounts in any other name than that of the person by whom such pay. ment or promise of payment is made. Every person who being an em. ployer, pays his employes the salary or wages due in " ‘pay envelopes, upon which there is written or printed or in which there is enclosed any political motto, device or argument containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employes, or within ninety days of an election or primary elections puts, or otherwise exhibits in the establishment or place where his employes are engaged in labor, any hand-bill or placard containing any threat, notice or information that if any particular ticket or candidate is elected or defeated, work in his place, or establishment, will cease, in whole or in part, his establishment be closed up, or the wages of his employes reduced, or other threats, express or implied, intended or cal. culated to influence the political opinions or actions of his employes. Every person who, before, during, or after an election or primary election by himself, or by any other person, either directly or indirectly, gives or provides, or pays, wholly or in part, the expenses of giving or providing any meat, drink, entertainment or provisions to or for any person for the purpose of influencing that person, or any other perosn, to give or refrain from giving his vote at the election, or primary election, or to influence his vote in any other way therein, or on account of his having voted, or refrained from voting, or being about to vote or refrain from voting; and every elector who accepts the same, or any of the same, for any of the purposes aforesaid. Every person who shall be guilty of any corrupt practice as aforesaid, shall be fined not less than three hun. dred dollars, nor more than one thousand dollars, or be imprisoned for not more than one year, or both, and shall be ineligible to any public office, or public employment, for the period of four years from and after the time of the commission of such offense.

CHAPTER 122, ACTS OF 1908. 172. It shall be unlawful and shall be deemed a corrupt practice for any corporation, incorporated under the laws of Maryland or of any State or Territory of the United States, or the District of Columbia, or of the United States, or of any other country, directly or indirectly, by itself, or through any officer, agent or employe, representative, or other person whatsoever, to give, contribute, furnish, lend or promise any money, property, transportation, means or aid to any political party, or any candidate for public office, or for nomination thereto, or to any political organization, or to any political committee, or to any treasurer or political agent, as herein defined, either directly or indirectly, to aid, promote or influence the success or defeat of any political party or prin. ciple, or of any measure or proposition submitted to a vote at a public election or primary election in this State, or to aid, promote or influence in any manner the election or defeat of a candidate therein, or to be

4

used, applied or expended in any way whatever for political purposes. The president, the several directors and every other officer of any corporation which shall violate any of the provisions of this section, and the president or director, or other officer, or agent of any corporation, who shall personally violate any of the provisions of this section, shall be deemed guilty of a misdemanor, and shall be punished by a fine of not more than five thousand dollars for each offense, and imprisonment for not more than three years in jail or penitentiary.

CHAPTER 122, ACTS OF 1908. 173. At any time within thirty days after any election or primary election held under the laws of this State, any defeated candidate at such election, or any ten duly qualified voters at such elcetion, may present to the Circuit Court of any county, or to the Superior Court of Baltimore city, a petition setting forth under oath that corrupt practices, contrary to the provisions of any section of this Article, were committed at or preliminary to such election, within the county or city aforesaid, naming the successful candidate or candidates as defendant or defendants, and praying that the facts alleged may be inquired into. If the court, upon the affidavit or affidavits filed with such petition, or upon and after such preliminary hearing as it may see fit to institute, including such notice and representation to the party or parties named as the defendant or defendants in said petition, as the ends of justice may require, shall be satisfied that the purposes of this Act and the interests of public justice require further proceedings upon such petition, and against the party or parties named as defendant or defendants therein, it shall order such reasonable notice of such petition, or of such further proceedings, to be given the defendant or defendants, and require him or them to answer, show cause or otherwise defend as the court may deem just and reasonable, upon the petitioners giving security for costs in such sum of money as the court shall deem reasonable. Such petition shall be tried without a jury, unless any of the parties thereto shall elect to have the same tried by a jury. The case shall, if possible, be tried in and during the term in which such petition may be filed, and when a jury trial is demanded by any of the parties to such petition, the jury for said term shall try it; and if the jury for said term shall have been dismissed, the court shall recall said jury for the purpose of trying said case. If such case arises during any non-jury term of any of said courts, the court shall recall and reassemble the jury which served during the last preceding jury term of said court, for the purpose of trying said case, and such jury so called and reassembled shall have the power to try said case as fully as if the same had arisen during the term for which they shall have previously served. If in any case it shall not be possible to try such case during the term in which such petition shall have been filed it shall be tried during the next succeeding term of the court. In every case in which a jury trial shall be demanded, the judge shall frame and submit to the jury for its decision and verdict all ap

« SebelumnyaLanjutkan »