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§ 16-904. Threat to harm an election official

West's Annotated Code of MarylandElection LawEffective: April 9, 2024

West's Annotated Code of Maryland
Election Law (Refs & Annos)
Title 16. Offenses and Penalties
Subtitle 9. Other Offenses (Refs & Annos)
Effective: April 9, 2024
MD Code, Election Law, § 16-904
§ 16-904. Threat to harm an election official
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2)(i) “Election official” means:
1. the State Administrator;
2. a member of the State Board;
3. an employee of the State Board;
4. counsel to the State Board;
5. a county election director appointed under § 2-202 of this article;
6. a member of a local board;
7. an employee of a local board;
8. counsel to a local board; or
9. an election judge.
(ii) “Election official” includes:
1. an individual who takes the oath prescribed in Article I, § 9 of the Maryland Constitution to assist in administering an election; and
2. a page as defined in § 10-401 of this article.
(3) “Electronic communication” has the meaning stated in § 3-805 of the Criminal Law Article.
(4) “Harm” includes:
(i) serious injury; and
(ii) serious emotional distress.
(5) “Immediate family member” includes:
(i) a parent;
(ii) a spouse; and
(iii) a child.
(6) “Threat” includes:
(i) an oral threat;
(ii) a threat made by electronic communication; and
(iii) a threat in any written form, whether or not the writing is signed, or if the writing is signed, whether or not it is signed with a fictitious name or any other mark.
Prohibition
(b) A person may not knowingly and willfully make a threat to harm an election official or an immediate family member of an election official because of the election official's role in administering the election process.
Sending or delivering
(c) A person may not knowingly send, deliver, part with, or make for the purpose of sending or delivering a threat prohibited under subsection (b) of this section.
Penalty
(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.

Credits

Added by Acts 2024, c. 20, § 1, eff. April 9, 2024; Acts 2024, c. 21, § 1, eff. April 9, 2024.
MD Code, Election Law, § 16-904, MD ELEC LAW § 16-904
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document