custody are missing, shall proceed without delay to make, or cause to be made, a fair and accurate copy or copies of said list or lists, and deliver the same to said sheriff, at least twelve hours before the opening of the polls, at the election next ensuing; provided, that in the counties the copy or copies of said lists shall be delivered to the sheriffs of the several counties at least forty-eight hours before the opening of the polls at the election next ensuing.

22. The sheriff of Baltimore city, and the sheriffs of the several Id. s. 19. counties, respectively, shall receive and safely keep said copies of

lists.

lists of qualified voters delivered to them by the said officers of registration, and each sheriff shall, on the second day prior to each and Sheriff to safely every election, ascertain whether he has in his possession all the keep copies of copies of said lists committed to his custody, and if it shall appear that one or more of said lists are not in his possession, he shall, without delay, serve a written notification, accurately describing the missing list, on the clerk of the court, that said list or lists are not in the possession of the said sheriff, and said sheriff shall receive a copy of said missing list or lists when tendered to him by said clerk, and said sheriff shall deliver or cause to be delivered, on the day of each and every election at the polls, at or before the time of opening said polls, to the judges of election thereat, the copy of the list of quali fied voters pertaining to the election precinct or district over which said judges are to preside.

of election in

lists.

23. The judges of election shall receive from the sheriff the lists Id. s. 20. of qualified voters pertaining to their respective precincts or dis- Duty of judges tricts and preserve the same without alteration, multilation, or de- regard to the facement whilst in their possession, and shall, within two days after the close of the polls, return to said sheriff the said list of qualified voters, and the said judges of election shall not receive or deposit in the ballot-box the ballot of any person offering to vote until they shall have found his name in the list of qualified voters and shall be satisfied the person so offering to vote is the person named in said list, and have checked it thereon, and they shall receive and deposit in the ballot-box the ballot of every person offering to vote whose name appears in said lists of qualified voters.

24. The officers of registration for the several wards of Balti- 1878, c. 352. Compensation. more city, shall receive a salary of five hundred dollars for the year eighteen hundred and seventy-eight, and an annual salary of five hundred dollars thereafter; and those for the several counties shall each receive four dollars per day for each day necessarily employed in the discharge of the duties imposed on them by this article; the clerk of the Superior Court of Baltimore City shall receive one cent for every ten words or figures, and pro rata for making certified copies of said lists; and the clerks of the Circuit Courts for the counties shall receive the same compensation for making certified copies of said lists, and the said clerks shall receive twenty-five cents for every certificate of registration issued by them under the seal of their respective offices; the sheriffs of the several counties,

Expenses, how paid.

Counsel of . registers.

1876, c. 249, s. 22.

and of Baltimore city, shall each receive one dollar for every list of qualified voters delivered by them to the judges of election, to be paid to said officers of registration and sheriffs for Baltimore city, by the mayor and city council of Baltimore, and to the said officers. for the several counties by the county commissioners thereof respectively, and the necessary expenses incurred by said officers of registration for books, stationery, fuel, office rent, and for publication of notices and lists of voters, for the several counties, shall be paid by the county commissioners thereof respectively, and the like necessary expenses incurred for the city of Baltimore, except for books, stationery, fuel and office rent, for which no allowance whatever shall be made, shall be paid by the mayor and city council of Baltimore. The accounts of the said officers of registration shall be verified by vouchers, and subject to the approval of the mayor and city council of Baltimore and said county commissioners respectively. The officers of registration in the city of Baltimore shall annually elect some practicing member of the bar of Baltimore city as counsel for said officers of registration in said city, whose duty it shall be to appear for said officers of registration, and against the appellant, at the hearing of all appeals from the decisions of said officers, under the provisions of this act, and to assist said officers, from time to time, at their request, by his advice upon all legal matters pertaining to the duties of said officers; for his services he shall receive an annual salary of three hundred dollars, to be paid by the mayor and city council of Baltimore.

25. If any officer of registration, clerk of a court, sheriff, judge Neglect of duty of election or police commissioner, shall knowingly refuse or neglect to comply with any of the provisions of the several sections of this act, imposing duties upon him, or if any officer of registration shall enter upon the list of registered voters the name of a voter, or strike from said list the name of any person already entered thereon, except at the time and place prescribed by this act, he shall be deemed guilty of a misdemeanor, and shall on presentment and indictment therefor, and conviction thereof, forfeit and pay a fine of not less than five hundred, nor more than one thousand dollars for every such offence, or be imprisoned, in the discretion of the court, for a period not exceeding three years, or both, and shall also be liable in damages at the suit of the party aggrieved.

Penalty.

25. Judges to open and count ballots; clerks 26. Double and doubtful ballots to be rejected. to keep account of.

CERTIFICATES.

RETURNS.

38. Judges to deliver books of the polls to clerk | 40. Ballots, how disposed of.

CONTESTED ELECTIONS.

49. What contested elections decided by the
House of Delegates.

50. Cases of contested elections, by whom de-
cided.

51. Judges to prescribe rules relating to con-
tested elections.

52. Notice of intention to contest.

53. How served.

54. Notice to take testimony.

55. Attendance of witnesses.

56. What notice of justice to contain and when
to be served.

57. Deposition, how taken.
58. To whom transmitted.

59. What examinations admitted on trial.
60. Attested copies of recorded papers, admis-
sible.

61. Copies of what other papers are admissible.
62. Ballots may be delivered to justice; how
disposed of by justice.

63. Pay of justice and witnesses.

64. Contestant not allowed pay unless successful.

ELECTORS OF PRESIDENT AND VICE-PRESIDENT.

65. Time of election of electors of president 67. Case of tie, how decided.

1874, c. 229.

County commis

and how to ap

election.

1. The county commissioners in each county shall annually sioners, when appoint three persons for each election district, or precinct of the point judges of county, residents of such district or precinct, who, or a majority, or only one of whom in case of the non-attendance of the other two, shall be judges of the election for such district or precinct, from the time of their appointment, until a new appointment be made, and it shall be the duty of said county commissioners of said counties, in making their appointments for said judges of elections, to select at least one of said judges for each election district and precinct in their respective counties, from among those of a different political party from themselves, or a majority of themselves.

1805, c. 97, s. 6;

Vacancies,

2. If any of said judges shall die, resign or remove out of the dis- Art. 35, s. 2. trict or become otherwise, in the opinion of the county commis- 1860, c. 10, s. 2. sioners, disqualified to act as judge, the county commissioners shall, how filled. at any meeting thereafter, appoint a person as judge in his place.

Id. s. 3.

1860, c. 10, s. 3.

3. The clerk of the county commissioners shall record every ap- 1805, c. 97, s. 6; pointment so made, and make out a warrant therefor, and shall when and by within five days thereafter deliver every such warrant to the sheriff whom warrants of the county, under the penalty of fifty dollars.

4. The sheriff, within ten days after receiving any such warrant, shall deliver the same to the person appointed or leave the same at his last place of abode, under the penalty of fifty dollars.

issued and de-
livered.

Id. s. 4.
Sheriff to de-

1805, c. 97, s. 6.
liver warrant to
person ap-
pointed.

Id. s. 5.

1805, c. 97, s. 7;

5. Any judge so appointed who shall not attend at the time appointed for holding any election in his district shall forfeit fifty dollars for every such neglect, unless prevented by sickness or other 1860, c. 10, s. 3. sufficient cause, in the opinion of the court and jury before whom non-attendance he shall be tried.

Penalty for

of judge.

Proceeding

6. At any election, state, federal or municipal, to be hereafter 1867, c. 374. held in this State, if none of the judges of election appointed accord- where judges do ing to law, shall attend at the place of election for the space of one not attend. hour after the time prescribed by law for opening the election, it shall be lawful for the justices of the peace for such county or city, then present at the place of election, or a majority of them, or for one justice of the peace, in the event of but one being present, to act as judges or judge of election, or, if no justice of the peace be present, it shall be lawful for the voters then present, or a majority of them, to choose by ballot three persons being voters, to be judges of said election; and the said justices or justice of the peace, or persons chosen by ballot as aforesaid to be judges of election, and who shall act in that capacity for that election, shall be vested with the same powers and authority as if they had been appointed by the county commissioners or other lawfully authorized power. 7. 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 shall be made out by the judges and the clerks, and shall be vested with the power and authority to commit offenders for any breach of the peace in the like manner as any justice of the peace.

Art. 35, s. 7. Judges to be conservators of

1805, c. 97, s. 6.

the peace.

1805, e. 97, s. 10.

Appointment of clerks.

8. The said judges shall appoint two clerks, being above the age Id. s. 8. of twenty-one years, to enter the names of voters, separately and plainly, on the books provided for that purpose; and if any clerk so appointed shall neglect or refuse to act, he shall forfeit and pay the sum of ten dollars.

9. Every judge of election, at every election to be hereafter held in pursuance of law, before he proceeds to take or receive any vote, shall take the following oath or affirmation: "I, A. B. do swear (or affirm) that I will permit all persons to vote who shall offer to vote at the election now to be held for -county, or city, whose names shall appear on the registry or list of voters furnished to me

1867, c. 374. thot

Oath of judges