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be oral and without oath.
some sufficient cause the court assign another day for that purpose. If he do not appear, the court may proceed to hear and determine the accusation in his absence.
1588. Sec. 65. The defendant may answer the accusation, The answer, either by objecting to the sufficiency thereof, or to any allegation therein, or by denying the truth of the same.
1389. Sec. 66. If he object to the legal sufficiency of the objections accusation, the objection must be in writing, but need not be must be in in any specified form, it being sufficient if it present intelligibly the grounds of the objection.
1590. Sec. 67. If he denies the truth of the accusation, Denial may the denial may be oral, and without oath, and shall be entered upon the minutes.
1591. Sec. 68. If an objection to the sufficiency of the Answer accusation be not sustained, the defendant shall be required to answer the accusation forthwith.
1392. Sec. 69. If the defendant plead guilty, and refuses Judgment on to answer the accusation, the court shall render judgment of plintef
. conviction against him. If he deny the matter charged, the guilty. court shall immediately, or as soon thereafter as practicable, proceed to try the accused, which trial shall be conducted in alí Trial, how respects and in like manner as trial upon indictment for other offenses.
1593. Sec. 70. Upon a conviction, the court shall imme- Judgment on dintely, or within five days, as it may appoint, pronounce judgment that the defendant be removed from office; but to warrant a removal, the judgment must be entered upon the minutes, How entered. assigning thereon the causes of removal.
1594. SEC. 71. From a judgment of removal, an appeal Appeal, how may be taken to the supreme court, in the same manner as from
a judgment in a civil action ; but until such judgment be • reversed the defendant shall be suspended from his office. Pend-office may ing the appeal the office may be filled as in case of a vacancy.
1593. Sec. 72. The same proceedings may be had on like Proceedings grounds for the removal of a District Attorney, except that the accusation shall be delivered to the District Judge of the dis- Attorney. trict, who shall thereupon appoint some one to act as a prosecuting officer in the matter, or shall place the accusation in the hands of the District Attorney of the nearest adjoining district, and require him to conduct the proceedings.
for removal of District
1596. Sec. 73. Where a civil officer of the state is Impeachment impeached by the assembly for misconduct in office, the articles articles of. of impeachment shall be delivered to the President of the Senate, who shall cause a copy thereof with a notice to appear and answer the same, at the time and place appointed, to be served on the defendant not less than ten days before the day fixed for the hearing
Service on defendant:
Failure to appear
Answer, how made.
to be in
be oral and
1597. Sec. 74. The service must be upon the defendant personally ; or, if he cannot, upon diligent inquiry, be found within the state, the senate, upon due proof of that fact, may order that publication be made in such manner as they deem proper, of a notice requiring him to appear at a specified time and place, and answer the articles of impeachment.
1598. Sec. 75. If the defendant do not appear, the senate, upon proof of personal service or publication, as provided in the last two preceding sections, may, of their own motion or for cause shown, assign another day for hearing the impeachment, or may then, or at any other time which they may appoint, proceed, in the absence of the defendant, to trial and judgment
1599. SEC. 76. When the defendant appears, he inust answer to the articles of impeachment, which he may do either by objecting to the sufficiency of the sume or any article thereof,
or denying the truth of the same. Objections
1600. SEC. 77. If the defendant object to the sufficiency
of the impeachment, the objection must be in writing, but need writing.
not be in any specific form, it being sufficient if it presents inDenial may telligibly the grounds of the objection. If he deny the truth of
the impeachment the denial may be oral and without oath, and without oath.
shall be entered upon the journal. Judgment on 1601. Sec. 78. If he plead guilty or refuse to plead, the piea of guilty. senate shall render judgment of conviction against him. If he
deny the matter charged, the senate shall, at such time as they may appoint, proceed to try the impeachment. The Chief
Justice of the Supreme Court shall preside over the senate while preside over
sitting to try the Governor or Lieutenant-Governor upon impeachment, and in all other cases the President of the Senate.
1602. Sec. 79. At the time and place appointed, before to the front the senate proceed to act on the impeachment, the Secretary
shall administer to the President of the Senate or Chief Justice (as the case may be), and the President of the Senate or Chief Justice (as the case may be) to each of the members of the senate then present, an oath or affirmation, truly and impartially to hear, try, and determine the impeachment.
1603. Sec. 80. The judgment may be that the defendant ment may be. be suspended and removed from office, or that he be removed
from office and disqualified to hold and enjoy a particular office, or class of offices, or any office of honor, trust, or profit under
the constitution and laws of this state. Two-thirds 1604. Sec. 81. If judgment of suspension be given on
the votes of two-thirds of the members elected to each branch of the legislature, the defendant shall, during the continuance thereof be disqualified from receiving the salary, fees, or emoluments of the office; and the Judge, District Attorney, or any state officer complained of, shall be served with a copy of the complaint against him, and have an opportunity of being
Oath to be
dent and Senators.
dent of the Senate tem.
1605. Sec. 82. When articles of impeachment shall be When Presipresented against the President of the Senate, such officer shall be temporarily suspended from his office, and shall not act in porurily his official capacity until duly acquitted. Upon such suspension of any state officer whose office is created by the constitution or laws of this state, the Governor shall immediately take charge of his office, and such office shall at once be temporarily filled by appointment by the Governor until the acquittal of the party impeached, or in case of his removal, then until the vacancy be filled as provided by law.
1606. Sec. 83. Every person charged with the perform- Fraudulent ance of any duty under the provisions of any law of this state officers of relating to elections, who willfully neglects or refuses to per-election, how
. form it, or who, in his official capacity, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws, shall be deemed guilty of felony, and punishable by fine not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding five years, or by both such fine and imprisonment.
1607. Sec. 84. Every person who, after being required by Persons the Board of Judges at any election, refuses to be sworn, or who, sworn or to after being sworn, refuses to answer any pertinent question answer quespropounded by such board touching his right or the right of puuished. any other person to vote, is guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment.
1608. Sec. 85. Every person not entitled to vote who Punishment fraudulently votes, and every person who votes more than once
lent voting, at any election, or knowingly hands in two or more tickets etc. folded together, or changes any ballot after the same hus been deposited in the ballot box, or adds or attempts to add any ballot to those legally polled at any election, either by fraudulently introducing the same into the ballot box before or after the ballots therein have been counted, or adds to or mixes with, or attempts to add to or mix with, the ballots lawfully provided, other ballots while the same are being counted or canvassed, or abstracts any ballots lawfully polled any other time with intent to change the result of such election, or carries away or destroys, or attempts to carry away or destroy, any poll list or ballots, or ballot box, for the purpose of breaking up or invalidating such election, or willfully detains, mutilates, or destroys any election returns, or in any manner so interferes with the officers holding such election or conducting such canvass, or with voters lawfully exercising their right of voting at such election, as to prevent such election or canvass from being fairly held and lawfully conducted, shall be guilty of felony, punishable by a fine not exceeding one thousand dollars, or by imprisonment in the state prison not exceeding five years, or by both such fine and imprisonment.
1609. Sec. 86. Every person not entitled to vote who fraudulently attempts to vote, or who being entitled to vote,
for fraudu. lent attempt to vote.
for examining, or
examnine, the names on
ing returns by election officers.
Punishment attempts to vote more than once at any election, or who pro
cures, aids, assists, counsels, or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, shall be guilty of a misdemeanor, punishable by a fine not exceeding two hundred dollars, or by imprisonment in the county jail not exceeding sixty days, or by both such fine
and imprisonment. Punishment 1610. Sec. 87. Every Inspector, Judge, or Clerk of an
election, who, previous to putting the ballot of an elector in the attempting to ballot box, attempts to find out any name on such ballot, or who
opens or suffers the folded ballot of any elector which has been ballet, or for handed in, to be opened or examined previous to putting the same conutiteit into the ballot box, or makes or places any mark or device on any
folded ballot, with a view to ascertain the name of any person for whom the elector has voted, or who, without the consent of the elector, discloses the name of any person which such Inspector, Judge, or Clerk has fraudulently or illegally discovered to have voted for by such elector, is punishable by a fine of not less than fifty nor more than five hundred dollars. Every person who forges or counterfeits returns of an election purporting to have been held at a precinct, town, or ward, when no election was in fact held, or willfully substitutes forged or counterfeit returns of election in the place of the true returns of a precinct, town, or ward where an election was actually held, is punishable by imprisonment in the state prison for a term of not less than
two nor.more than ten years. Punishment 1611. SEC. 88. Every person who, by force, threats, mening or intimi. aces, bribery, or any corrupt means, either directly or indidating rectly, attempts to influence an elector in giving his vote, or to
deter him from giving the same, or attempts by any means to awe, restrain, hinder, or disturb any elector in the free exercise of the right of suffrage, or furnishes any elector wishing to vote, who cannot read, with a ticket, informing or giving such elector to understand that it contains a name written or printed thereon different from the name which is written or printed thereon, or defrauds any elector at such election by deceiving and causing such elector to vote for a different person or any office than he intended or desired to vote for, or who, being Inspector, Judge, or Clerk of any election, while acting as such, induces, or attempts to induce, any elector, either by menace or reward, or promise thereof, to vote different from what such elector intended or desired to vote, shall be guilty of felony, punishable by fine not exceeding one thousand dollars, or imprisonment in the state prison not exceeding five years, or by both such fine and
any office in
the polls, or for the purpose of compensating any person for procuring attendance of voters at the polls, except for the conveyance of voters who are sick or infirm. Fourth-Furnishes or engages to pay or deliver any money or property for any purpose intended to promote the election of any candidate, except for the expenses of holding and conducting public meetings, for the discussion of public questions, and of printing and circulating ballots, handbills, and other papers, previous to such election, shall be guilty of a misdemeanor, punishable by fine not exceeding five hundred dollars or imprisonment not exceeding six months in the county jail.
1613. Sec. 90. Every person who gives or offers a bribe Punishment to any officer or member of any legislature, caucus, political bribe! convention, committee, primary election, or political gathering of any kind, held for the purpose of nominating candidates for offices of honor, trust, or profit in this state, with intent to influence the person to whom such bribe is given or offered to be more favorable to one candidate than another, shall be guilty of felony, punishable by a fine not exceeding five thousand dollars or ten years imprisonment in the state prison, or both such fine and imprisonment.
1614. Sec. 91. Every person who, being a candidate at Punishment any election, offers or agrees to appoint or procure the appoint-fo'upfeintor ment of any particular person to office, position, or employment procure apas an inducement or consideration to any person to vote for, or
pointinent to procure, or aid in procuring the election of such candidate, or consideration person not being u candidate, who communicates any offer made in violation of this and the preceding section, to any person with intent to induce him to vote for, or to procure or aid in procuring the election of the candidate, shall be deemed guilty of felony, punishable by imprisonment not exceeding five years or a fine not exceeding five thousand dollars, or by both such fine and imprisonment. 1615. SEC. 92. No
person shall sell, give away, or furnish, Pnnishment or cause to be sold, given away, or furnished, either for or with-liquors, etc. out pay, within this state, on any day upon which any general election is held, nor within the limits of any county or city on any day upon which any special or municipal election is held therein, any spirituous, malt, or fermented liquors or wines ; and any one so doing shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail not less than one nor more than six months, or by both such fine and imprisonment, in the discretion of the court; and it shall be the duty of Judges of the district courts of the several judicial districts in this state, to specially give this Act in charge to every grand jury impaneled in their respective districts.
1616. SEC. 93. The Governor is hereby authorized and directed, at least thirty days previous to any general election and fifteen days previous to any special election, to issue a proclamation offering a reward of one hundred dollars for the