representing one (1) of the two (2) [leading] political parties and the other by a judge representing the other of the two (2) leading political parties; the ballot boxes shall be delivered to the clerk of election, with the keys thereof and with poll books and all blanks and stationery necessary to such election. SEC. 72. The election shall be conducted as hereinbefore provided, except, as required by the next section. person Registers and how procured and delivered. ballot boxes, Ballots, how received and deposited. Procedure in SEC. 73. One (1) of the said judges of election shall receive the ballot or ballots from each person offering to vote and shall announce the name and residence of such in an audible voice. The other two (2) judges shall use and handle the two (2) registers delivered to said judges by said city clerk or recorder, each using one (1). When the name is found by both upon the registers, and the residence given by the voter corresponds with the residence on such register, and the name is not erased, then said judges shall receive such ballot or ballots unless such voter is challenged. Said judges shall then put the ballot or ballots in the proper box or boxes, in the presence of the voter and of the judges and clerks of election and in the presence of the public. The judges having charge of such registers shall then, in a column prepared thereon in the same line of the voter's name, mark "voted", or the letter "V." If such person so registered shall be challenged as disqualified, the person challenging shall assign the reason case of therefor, and thereupon one (1) of said judges shall ad- challenge. minister to him an oath to answer questions; and if he shall take said oath then he shall be questioned by said judges touching such cause of challenge and touching any other cause of disqualification, and he may also be questioned by the person challenging him in regard to his qualifications and identity. But if a majority of the judges are of the opinion that he is the person so registered and a qualified voter, his vote shall be received accordingly. But if such vote be rejected by the judges, such person may afterwards produce and deliver to such judges an affidavit subscribed and sworn to by him before one (1) of said judges, or any other person authorized by law to administer oaths, who shall be present at such polling place, in which it shall be stated how long he has resided in such district, county and state; that he is a citizen of the United States, a duly qualified voter in such district, stating with precision his place of residence, and that he is the identical person named in said register. He shall also produce the affidavit of a registered voter who is known to all the judges of election and is a householder in such district, stating his own residence and that he knows such person offering to vote; that he does reside at the place mentioned and has resided in such district and county for the period stated by such person; which affidavit shall be subscribed, and sworn to in the same way. Whereupon the votes of such Refusal to corruption, perform duty, by fine and persons shall be received and numbered and entered as SEC. 74. If any judge or clerk of election, or any other officer, or any other person required by this chapter to peretc. punishable form any act or thing whatever, shall willfully fail or refuse imprisonment. to perform such act or thing, or shall be guilty of any fraud, corruption, partiality or misbehavior in canvassing or making any returns of votes, or shall wrongfully refuse to make or deliver any certificate of election, or shall wilfully perform any act or thing falsely or corruptly in any manner, he shall be guilty of a felony, and, on conviction thereof, shall be punished by imprisonment in the state prison for a term not less than six (6) months nor more than one (1) year, or by a fine of not less than five hundred (500) dollars nor more than two thousand (2,000) dollars, or both, in the discretion of the court. The provisions of this section to apply in all cases coming within the provision of this chapter where other punishment is not specifically provided for. Illegal voting, penalty for. Influencing another to vote subject to penalty. SEC. 75. Whoever wilfully votes in any election district in which he does not actually reside, shall be guilty of a misdemeanor, and, on conviction thereof, be imprisoned in the county jail for a term not less than one (1) month nor more than six (6) months. SEC. 76. Whoever votes more than once at the same election shall be guilty of felony, and, on conviction thereof. shall be punished by imprisonment in the state prison for a term not less than six (6) months nor more than one (1) year. SEC. 77. Any resident of another state who votes in this state is guilty of felony, and, on conviction thereof, shall be punished by imprisonment in the state prison for a term not less than one (1) month nor more than one (1) year. SEC. 78. Whoever, not being a qualified voter, votes at any election with unlawful intent is guilty of felony, and, on conviction thereof, shall be punished by imprisor ment in the state prison not less than one (1) month nor more than one (1) year. SEC. 79. Whoever aids, assists, counsels or advises another to vote, knowing that such person is not duly qualified to vote at the place where and the time when the vote is to be given, is guilty of misdemeanor, and on conviction thereof shall be subject to a fine of not more than five hundred (500) dollars nor less than one hundred (100) dollars, or be imprisoned in the county jail not less than one (1) month nor more than six (6) months. SEC. 80. Whoever procures, aids, assists, counsels or advises another to go or come into any county, town or election district for the purpose of giving his vote therein, knowing that the person is not duly qualified to vote therein, is guilty of felony, and on conviction thereof shall be punished by imprisonment in the state prison for a term not less than six (6) months nor more than one (1) year. SEC. 81. Whoever, by threat or bribery, attempts to influence any elector in giving his vote for any person or measure or by such means attempts to deter him from voting for any person or measure, is guilty of a misdemeanor, and on conviction thereof, shall be punished by a fine of not less than one hundred (100) nor more than one thousand (1,000) dollars and by imprisonment in the county jail not less than one (1) month nor more than six (6) months. SEC. 82. Whoever, after proclamation is made of the opening of the polls and at any time before the vote is fully canvassed shall wilfully offer or deliver to a judge of election, to be placed in a box or boxes more than one (1) ballot of the same kind and color or shall fraudulently put a ballot in to any box or boxes is guilty of a felony, and on conviction thereof shall be punished by imprisonment in the state prison for a term not less than six (6) months nor more than one (1) year. Illegal voting, penalty for. SEC. 83. If any person challenged, as unqualified to False swearing, vote, be guilty of false or corrupt swearing or affirmation penalty for. in taking any oath or affirmation prescribed by this chapter, he shall be deemed to have committed wilfull and corrupt perjury, and upon conviction thereof shall suffer the punishment attached by the laws of this state to the crime of perjury. SEC. 84. Whoever shall wilfully take or carry away from the place where has been deposited or shall deface or mutilate, damage or add to any poll book, ballot, list or register or any name or figure therein, shall on conviction thereof be fined in a sum not exceeding one thousand (1,000) dollars, or be imprisoned in the state prison not longer than one (1) year or both, in the discretion of the court. SEC. 85. Any person who shall take or deface any list of names posted by any board of registration as hereinbefore provided for, shall be guilty of a misdemeanor, and on conviction thereof be punished by a fine of fifty (50) dollars or be imprisoned in the county jail for the term of sixty (60) days, or both, in the discretion of the court. SEC. 86. Any person who shall cause his name to be registered in more than one (1) election district, or who shall cause his name to be registered knowing that he is not a qualified elector in the district where such registry is made, or who shall falsely represent any registered voter, and any person causing, aiding or abetting any person to do either of said acts, shall, upon conviction thereof, be punished for each offense by imprisonment in the state prison Mutilation of poll book, etc., penalty for. Defacing list of penalt for. posted names, Duplicate registration, penalty for. Duty of County Attorney to prosecute. Fines to be paid into county treasury. Fraud at primary elections. Primary elec presiding officer and inspectors. for a term not less than one (1) year. All intentional false swearing before a board of registration shall be deemed wilful and corrupt perjury, and, on conviction thereof, punished as such. SEC. 87. It shall be the duty of the county attorney in each county in this state to prosecute any person violating any other provisions of this chapter, and to sue for and enforce all penalties incurred for a violation of this chapter or any part thereof, upon his own motion, or upon the the complaint of his county, accompanied by the requisite proof of such offense or offenses. SEC. 88. All fines incurred or collected under this chapter shall be paid into the county treasury where the offense is committed, for the use of the common schools of such county. SEC. 85. If at any political primary election or caucus held by any political party, organization or association in this state, any individual shall falsely personate and vote under the name of any other person, or shall intentionally vote without the right to do so, or shall wilfully and wrongfully obstruct and prevent others from voting who have the right to do so at such primary, or shall fraudulently and wrongfully conceal or destroy ballots cast, or in any manner intentionally and wrongfully deposit ballots in the ballot box or take them therefrom, or shall commit any other fraud or wrong intending to defeat the will of the people or effect the result of the election, he shall be deemed guilty of a misdemeanor. SEC. 90. The presiding officer and inspectors at any tions, duties of such primary election or caucus, shall, before entering upon their duties, severally sign and swear to an oath in form now required by inspectors at general election. The vote or ballot of any person offered at such election shall, upon challenge by any lawful voter thereat, be rejected unless he be sworn as to his qualifications as such voter, and the presiding officer or any inspector of such primary is hereby empowered, and it shall be his duty to administer an oath to such person and to any other person offering to vote, as he may deem advisable, to the effect that he will true answers make to such questions as shall be put to him touching his qualifications as a voter and right to vote. He may then be examined as to such qualifications and right to vote. If he will swear to the necessary qualifications of a voter, as prescribed by the regulations of the association holding the primary, or convention, his vote shall be received. If the person so sworn and examined shall intentionally swear falsely as to his qualifications as a voter, he shall be deemed guilty of perjury, and shall, conviction, be punished as now prescribed by law for the crime of perjury. on SEC. 91. If any person acting as inspector, teller or canvasser at any such primary election shall knowingly re ceive the vote of any individual who shall have been chal- Frand on part of inspectors a lenged or who is known to him not to be entitled by the misdemeanor. regulations of the association holding the primary election to vote at such primary, unless the same shall first be sworn in as aforesaid, or shall in any manner fraudulently and wrongfully deposit or put any ballot into, or take any from, the ballot box of said primary election, or shall fraudulently or wrongfully mix any ballots with those cast at said primary election, or shall knowingly mix any false count, canvass, statement, certificate or returns of the ballots cast or vote taken at such primary, he shall be deemed guilty of a misdemeanor. SEC. 92. If any person elected a delegate at any such primary or convention shall accept or receive any money or valuable thing as a consideration for his vote as such delegate he shall be deemed guilty of a misdemeanor. SEC. 93. The words "primary election," as used in this "Primary elecact, shall be construed so as to embrace all elections held tion" defined. by any political party, convention, organization or association, or delegates therefrom for the purpose of choosing candidates for office or the election of delegates to other conventions, or for the purpose of electing officers of any political party, organization, convention or association. No person shall be entitled to vote at any primary election unless he is a qualified elector of this state. Act to apply in cities of 10,000 inhabitants. or more SEC. 94. This act shall apply to all elections in cities of ten thousand (10,000) or more inhabitants (the population to be determined by the state or national census next preceding the election) but to no other portion of the state. All laws now in force relating to elections shall apply to all other portions of the state, and where the same do not conflict and are not inconsistent herewith they shall apply to the class of cities herein mentioned. SEC. 95. All acts and parts of acts inconsistent here- Inconsistent with are hereby repealed so far as the same apply to cities of ten thousand (10,000) inhabitants and over. SEC. 96. This act shall take effect and be in force from and after its passage. Approved April 24, 1889. acts repealed. When act to take effect. |