If any manager or returning officer shall fail or refuse to make return of the votes cast in any election, as required of him, he shall, on conviction, be imprisoned in the State Penitentiary not more than two (2) years, or be fined not more than Three Thousand Dollars ($3,000.00), or both; or in a county jail not more than one (1) year, or be fined not more than One Thousand Dollars ($1,000.00), or both.
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