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§ 9-203. Bribery of voter

West's Annotated Code of MarylandCriminal Law

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 9. Crimes Against Public Administration
Subtitle 2. Bribery
MD Code, Criminal Law, § 9-203
Formerly cited as MD CODE Art. 27, § 27
§ 9-203. Bribery of voter
Prohibited
(a)(1) A person, including a candidate for office, may not give or directly or indirectly promise a gift or reward to secure a vote or a ballot at an election under the Constitution and laws of the State.
(2) A person may not keep or allow to be kept a house or other accommodation in the State on an election day where, before the close of the election, the person, at the person's expense, gratuitously provides alcoholic beverages to voters.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:
(1) imprisonment not exceeding 6 months or a fine not exceeding $500 or both; and
(2) any other penalties applicable under the Constitution.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002.
Formerly Art. 27, § 27.

Editors' Notes

LEGISLATIVE NOTES
Revisor's Note (Acts 2002, c. 26):
This section is new language derived without substantive change from former Art. 27, § 27.
In subsection (a)(1) of this section, the former limitation “at any time before or on the day of any election” is deleted as surplusage.
Also in subsection (a)(1) of this section, the former word “bestow” is deleted as surplusage.
In subsection (a)(2) of this section, the phrase “the State” is substituted for the former phrase “any part of any district” for brevity.
Also in subsection (a)(2) of this section, the word “on” is substituted for the former phrase “at any time during the day” for brevity.
Also in subsection (a)(2) of this section, the phrase “alcoholic beverages” is substituted for the former phrase “intoxicating liquors” for style.
Also in subsection (a)(2) of this section, the former reference to a “tent [or] booth” is deleted as included in the reference to “other accommodation”.
In subsection (b) of this section, the former reference to a “candidate so offending” is deleted as included in the reference to a “person”.
Also in subsection (b) of this section, the former phrase “in the court of the county or city wherein such offense may be committed” is deleted as surplusage.
Also in subsection (b) of this section, the former references to a sentence being “at the discretion of the court” and “as the court may adjudge” are deleted as implicit in the reference to a person being “subject to” a fine and imprisonment.
Also in subsection (b) of this section, the reference to a person being “guilty of a misdemeanor” is added to state expressly that which only was implied by the reference, in former Art. 27, § 27, to a person being “convicted”. In this State, any crime that was not a felony at common law and has not been declared a felony by statute is considered a misdemeanor. See State v. Canova, 278 Md. 483, 490 (1976); Bowser v. State, 136 Md. 342, 345 (1920); Dutton v. State, 123 Md. 373, 378 (1914); and Williams v. State, 4 Md. App. 342, 347 (1968).
For other penalties contained in the Maryland Constitution, including disfranchisement and disqualification from holding office, see Md. Constitution, Art. I, § 6 and Art. III, § 50.
Defined term: “Person” § 1-101
HISTORICAL AND STATUTORY NOTES
Derivation:
Former Art. 27, § 27, related to bribing voters, repealed by Acts 2002, c. 26, § 1.
MD Code, Criminal Law, § 9-203, MD CRIM LAW § 9-203
Current through legislation effective July 1, 2019, from the 2019 Regular Session of the General Assembly.
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