Art. 35. s. 10. 1805, c. 97, s. 11. Oath of clerk. Id. s. 11. 1805, c. 97, s. 11; 1828, c. 160; 1852, c. 183,'s. 3. according to law, as qualified voters under the constitution and laws of this state, and that I will not permit any person to vote at the same election whose name shall not be found upon the said registry or list of qualified voters; and I will in all things execute the office of judge of the said election, according to the best of my knowledge, without favor or partiality, so help me God." 10. Every clerk before he enters any vote on the polls shall take the following oath, to wit: "I, A. B., do swear that I will well and faithfully, without favor, affection or partiality, execute the office of clerk of the election now to be held according to the best of my knowledge, so help me God." 11. The several judges may administer the said oath to each other, or take the same before a justice of the peace, and the clerks Oath of judges may either be sworn by one of the judges or before a justice of the peace, and a certificate of every such oath, signed by the person administering the same respectively, shall be annexed to the polls. and clerks, how taken. 1867, c. 374. Notice of election. Effect of want of notice. NOTICE AND VOTING. 12. The sheriffs of the several counties, under the penalty of fifty dollars, shall, at least three weeks previous to every election. required by law to be held, cause public notice to be given within the respective counties, by advertisement set up at the most public places within each election district of the county, and also by advertisement in two newspapers of general circulation in the county, of the time and place of holding the several elections; but if for any cause said notice shall fail to be given, said failure shall not affect the validity of any election, but it shall be the duty of the judges of election to hold the election in their several election districts, at the time prescribed by law, and at the usual places of holding elections in the several election districts, or at the place in the several election districts where the last preceding election was held, under the penalty of five hundred dollars for each judge refusing or neglectNot applicable ing to hold such election. This section not to apply to the city of Baltimore. to Baltimore city. Art. 35, s. 13. 13. The sheriff shall, under the penalty of five hundred dollars, 1860, c. 10, s. 3. provide, or cause to be provided and delivered to the judges of elec 1805, c. 97, s. 5; Ballot-boxes, by whom furnished. Id. s. 14. 1805, c. 97, s. 12; Hours of election. tion in each district, previous to or at the commencement of each election, a box for receiving the ballots, and two separate books for the purpose of entering the voters' names. 14. All elections shall commence at nine o'clock in the morning 1860, c. 10, s. 3. of the respective days of election, and shall continue without adjournment and be closed at six o'clock in the evening of the same day, and no ballot shall be taken before the said hour of nine o'clock in the morning, nor after the said hour of six o'clock in the evening. This section not to apply to the city of Baltimore. Not to apply to Id. s. 15. 15. Every voter shall deliver to the judge or judges of the elec1805, c. 97, s. 12; tion in the district or precinct in which he offers to vote, a ballot, 1860, c. 10, s. 3; What ballots to and received. in which shall be written or printed the name or names of the per- contain, and son or persons voted for, and the purpose for which the vote is given how delivered plainly designated, and the ballot so delivered in and received by 34 Md. 298; 33 the judge or judges of election, shall be deposited in the ballot-box 479. until the poll be closed. Md. 135; 18 Md. 1805, c. 97, s. 12. Penalty for opening ballots. Id. s. 17. 1805, c. 97, s. 12; 16. If any judge of an election or other person, after a ballot Id. s. 16. shall be delivered in and before the poll is closed, shall unfold or open any such ballot with design to discover the name or names therein contained, he shall forfeit and pay the sum of fifty dollars. 17. If any voter shall offer any more than one ballot with a fraudulent design, he shall forfeit and pay the sum of twenty dollars for every such offence. This section not to apply to the city of Baltimore, where a different penalty is prescribed by the local law. 18. If any person at any election having voted once, shall offer to vote again in the same district or county, he shall be subject to penalty of ten dollars for such offence. This not to apply to the city of Baltimore. a 19. If any person shall vote twice at one election, he shall be liable to a presentment in the Circuit Court for the county in which he may reside, and may be fined not exceeding forty dollars, and imprisoned not exceeding one month, in the discretion of the court. This section not to apply to the city of Baltimore, where a different penalty is prescribed by the local law. 1860, c. 10, s. 3. Offering more 1805, c. 97, s. 25; 1860, e. 10, s. 3. Offering to vote a second time. Not to apply to Baltimore city. 14. s. 19. 1860, c. 10, s. 3. than once. Ia. s. 20. 1855, c. 133, s. 1; 1860, c. 10, s. 3; Removing into 1865, c. 143. district for purpose of voting. ing to vote out 20. If any person shall remove into any election precinct in the city of Baltimore, not for the purpose of acquiring a bonâ fide residence therein, but for the purpose of voting therein at an approaching election, or shall vote or offer to vote in any election district or precinct in which he does not reside (except in the case provided for in the first article of the Constitution), or shall at the same election vote in more than one election district or precinct, or shall vote or Voting or offeroffer to vote in any name not his own, or in the place of any other of district or in person of the same name, or shall vote in any county or city in the name of which he does not reside, such person, if the offence be committed in a county, shall be punished by fine not less than ten nor exceeding one hundred dollars, and by imprisonment in the county jail for thirty days, and if the offence be committed in the city of Baltimore, he shall be punished as prescribed by the local law of Baltimore city. another, etc. 1819, c. 174. 21. The judges of election may administer an oath in any inquiry Id. s. 21. they may deem necessary to be made touching the right of any per- Judges may adson offering to vote; and, if any person shall swear falsely in rela- minister oaths. tion thereto, he shall, upon conviction thereof, suffer the pains and penalties of perjury. 22. It shall be the special duty of the judges of election to give Id. s. 22. information to the respective State's attorneys of all infractions of Judges shall inthis article when discovered by them, under the penalty of twenty tion of law. dollars for neglect in each case. form of viola Id s. 23. 23. If any candidate, or other person or persons, shall practice 1805, c. 97, s. 27; 1860, c. 10, s. 3. Overawing or hindering voters. force and violence, with intent to influence unduly, or to overawe, intercept, or hinder any election, he shall, on conviction thereof in any court of criminal jurisdiction in the county where the offence was committed, suffer such fine, not exceeding two hundred and fifty dollars, and such imprisonment, not exceeding fifty days, as the court shall adjudge. This section not to apply to the city of Not to apply to Baltimore, where a different penalty is prescribed by the local laws of said city. Baltimore city. Id. s. 24. 24. No commissioned or non-commissioned officer, having the command of any soldier or soldiers quartered or posted in any district of any county in this State, shall muster or embody any of the said troops, or march any recruiting party within the view of any place of election during the time of holding said election, under the Not applicable penalty of one hundred dollars. This section not to apply to the city of Baltimore. to Baltimore city. Id. s. 25. 1805, c. 97, s. 13. and count ballots. COUNTING THE BALLOTS. 25. When the poll shall be closed, the box wherein the ballots Judges to open are deposited shall immediately thereafter be opened by the judge. or judges of the election, and the said judge or judges shall publicly, in the presence of such persons as may choose to attend, carefully take out the said ballots, and read distinctly and aloud the name or Clerks to keep names written or printed thereon respectively, and the clerks of said election shall carefully enter and keep an account of the same on the books of the polls, so that the number of votes for each candidate tallied thereon may be readily cast up and known. account of. Id. s. 26. 1805, c. 97, s. 13. 26. If, upon opening any of the said ballots, there be found any more names written or printed on any of them than there ought to be, or if any two or more of such ballots or papers be deceitfully folded together, or if the purpose for which the vote is given is not to be rejected. plainly designated thereon, such ballot shall be rejected and not Double and doubtful ballots. counted. Id. s. 27. CERTIFICATES. 27. As soon as the ballots shall be read off and counted, and the 1805, c. 97, s. 14. number for each candidate reckoned up and ascertained, the judge or judges of election shall make out, under his or their hands, attested by the clerks of the election, or one of them, on the books of the polls, two plain, fair, and distinct statements and certificates of the number of votes which shall have been then and there given for each candidate, distinguishing the station or office for which he has been voted. Certificates of the number of votes to be made. Id. s. 28. 1860, c. 10, s. 3. to be made out. 28. The said numbers shall be expressed in words at length, and 105, c. 97, s. 14; not in figures only, according to the following form, or to the like How certificates effect, to wit: "State of Maryland, county, to wit: We, the undersigned, duly appointed by the county commissioners of said county, or by a justice of the peace, or the voters (as the case may be), in due form of law, judge or judges of election in this district, do hereby certify and return that we did attend on the No. —of at -, the place appointed by law for holding the elections within said district, and did then and there appoint and clerks of the election, who severally qualified as directed by law. We further certify that we did then and there, before a justice of the peace of said county (or before each other), qualify as judge or judges of the election, as by law directed, and did then and there, at the hour of 9 o'clock in the morning, open the polls for an election for — ; that we continued the polls open until 6 o'clock in the evening of the same day, when they were closed, the ballot-box opened and the ballots publiely counted, when it appeared that had votes as Meeting of election. Certificates of whom trans Given under our hands at the place of said election, this - day of Attested by clerk." And the certificate or return of the judges of election in the city of Baltimore shall be in like form or to the like effect, with such variation therein as may be required by the local laws of the city of Baltimore. 29. The presiding judges of elections, or in case of inability to 1865, c. 143. attend, either of the other judges shall, within ten days after each judges after election, under the penalty of five hundred dollars, meet at the usual 43 Md. 572. place of holding the Circuit Court of each county, or at the usual place of holding the Superior Court of Baltimore City, in the city of Baltimore, with the books of the polls and the certificates aforesaid. 30. The said judges so assembled shall cast up the whole vote 1865, c. 143. of all the districts or precincts, and shall make out two plain, fair votes cast, to and distinct statements and certificates of the number of votes mitted. which shall have been given for each candidate, for each of the officers voted for at said election, one of which certificates shall be delivered to the clerk of the court to which they are directed to make their returns, and the other, except in elections for governor and state's attorneys, shall be transmitted by mail to the governor, and in case of elections for governor and state's attorneys, the said statements and certificates, instead of being transmitted to the governor, shall, in case of governor, be transmitted to the secretary of state, and in the case of state's attorneys, shall be transmitted to the judge of the court having criminal jurisdiction in the circuit in which state's attorneys are respectively elected; and from the returns so made, the governor shall issue commissions to the dif- Governor to ferent persons elected, as provided in the eleventh section of the sions. fourth article of the Constitution of this State. issue commis Art. 35, s. 31. 1805, c. 97, s. 15; cates for all off sheriff, elected 31. The said certificates for all officers elected by the voters of a single county or city, except sheriff, shall be in the following form, or to the like effect, to wit: "To- Whereas, an election for was held on the first Wednesday of November in the year cers, except in the district (or precinct) in the said county or city, dis- by voters of a single county or tinguished by number one, etc., conformably to the Constitution city. and laws of this State; and whereas, we, the subscribers, attending judges at the close of the election in said districts (or precincts), having this day assembled at the usual place of the sitting of the 1865, c. 143. Certificates, to whom addressed. 43 Md. 572. Art. 35, s. 33. Circuit Court for said county (or at the usual place of the sitting of and candidates properly qualified." has the greatest number determine, declare, and Given under our hands -;" and for sheriffs except that they shall had ballots, 32. The said certificates for all officers provided for by the Constitution, except in the case of the governor and state's attorneys, shall be directed to the governor; for the governor, they shall be addressed to the speaker of the House of Delegates, and inclosed to the secretary of state; for state's attorneys, they shall be addressed to the judge of the court having criminal jurisdiction in the county or city. 33. The said certificates for representatives in Congress shall be in the following form: "To his Excellency, the Governor of certificates for Maryland, we the subscribers, judges at the close of an election held on the in the election districts or wards of county, distinguished by number one, etc., for the purpose of choosing a representative for the district of this State, to serve tives in Con gress. Id. s. 34. 1805, c. 97, s. 15. officers certifi day of in the Congress of the United States, having this day assembled at had 34. The form of certificate given in the preceding section shall For what other be used for all officers elected by the votes of more than one county, cate in precedand for electors of president and vice-president of the United States; ing section to be but for governor the certificates shall be addressed to the speaker of the House of Delegates. Id. s. 35. 1805, c. 97, s. 15. What judges to certify where officer elected by votes of a single district of a county. Id. s. 36. 1805, c. 97, s. 16. What judge to 35. When an officer is elected by the votes of a single district of a county, the judges shall certify that the persons voted for for such office have received the number of votes cast for them respectively in such district, and that has the greatest number of votes in the district, and is duly elected. 36. In all cases where a county or city has been, or shall be divided, for the purpose of forming a district to elect a member to the Congress of the United States, the judges, in making this return, |