away, conceals, alters, or destroys any enrollment blank or enrollment envelope used or deposited by an elector on a day of registration for the purpose of enrolling or refusing to enroll himself as a member of a political party; or mutilates, carries away, conceals, alters, or destroys any statement or declaration made by a qualified voter for the purpose of enrolling as a member of a party; or, prior to the close of the last meeting for registration in any year, mutilates, carries away, conceals, alters, or destroys any enrollment blanks or enrollment envelopes not then delivered to electors; or 12. Being an officer, teller, canvasser, election inspector, primary inspector, custodian of primary records, clerk or employee of or in the office of a custodian of primary records, or any officer of a political committee or a convention, willfully omits, refuses or neglects to do any act required by the primary election law or otherwise by law, or violates any of the provisions of the primary election law, or makes or attempts to make any false canvass of the ballots cast at a political caucus, primary election, or convention, or a false statement of the result of a canvass of the ballots cast thereat; or 13. Being a custodian of primary records, or an officer of a political committee, or of a convention, who is charged with, or assumes, the duty of making up the preliminary roll of any convention, willfully includes in such roll the name of any person not certified to be elected thereto in accordance with the provisions of law, or who willfully omits from such roll the name of any person who is so certified to be a delegate to such convention; Is guilty of a misdemeanor. [AM'D BY CH. 530 OF 1899, SUBD. 10 AM'D BY CH. 371 OF 1901.] § 41a. False Registration.-Any person who: 1. Causes or attempts to cause his name to be placea upon any list or register of voters in more than one election district for the same election, or more than once in the same election district, or 2. Who causes or attempts to cause his name to be placed upon a list or register of voters knowing that he, will not be a qualified voter in the district at the election for which such list or register is made, or; who causes his name to be place i upon the rolls of a party organization of one party while his name is by his consent or procurement upon the rolls of a party organization of another party, or 3. Who registers or attempts to register as an elector under any other name than his own, or 4. Who knowingly gives a false residence within the election district when registering as an elector, or 5. Who knowingly permits, aids, assists, abets, procures, commands or advises another to commit any such act is guilty of a felony, punishable by imprisonment in a state prison for not less than one year nor more than five years. [AM'D BY CH. 693 OF 1892, CH. 255 OF 1897 AND CH. 371 OF 1901. §4laa. Misdemeanors of police commissioners, police officers, et al. Any person who, being a police commissioner or an officer or member of any police force in this state, either 1. Uses or threatens or attempts to use his official power or authority, in any manner, directly or indirectly, in aid of or against any political party, organization, association or society, or to control, affect, influence, reward or punish, the political adherence, affiliation, action, expression or opinion of any citizen; or 2. Appoints, promotes, transfers, retires or punishes an officer or member of a police force, or asks for or aids in the promotion, transfer, retirement. or punishment of an officer or member of a police force, because of the party adherence or affiliation of such officer or member, or for or on the request, direct or indirect, of any political party, organization, association or society, or of any officer, member of committee or representative official or otherwise of any political party, organization, association or society; or 3. Contributes any money, directly or indirectly, to, or solicits, collects or receives any money for, any political fund, or joins or becomes a member of any political club, association, society or committee; Is guilty of a misdemeanor. [ADDED BY CH. 529 OF 1899. § 41b. Mutilation, destruction or loss of registry lists.-Any person who willfully loses, destroys or mutilates the list or register of voters in any election district, or a certified copy thereof, after the making of the came and before the closing of the polls of the election for which the same is made is guilty of a misdemeanor. L. 1890, ch. 321, $21. § 41bb. Soliciting from candidate for an elective office money, etc.-Any person who solicits from a candidate for an elective office money or other property as a consideration for a newspaper or other publication supporting any candidate for an elective office, is guilty of a misdemeanor. [ADDED BY CH. 70 OF 1900.1 41c. Misconduct of registry officers.-Any member or clerk of a registry board who willfully violates any provision of the election law relative to registration of electors or willfully neglects or refuses to perform any duty imposed on him by law, or is guilty of any fraud in the execution of the duties of his office, shall be punishable by imprisonment for not less than two and not more than ten years. [AM'D BY CH. 692 OF 1893.] § 41d. Failure of house-dweller to answer inquiries.-Any person dwelling in a building in a city who willfully refuses to truly answer any question or shall give false answers to any questions asked by any elector of such city, between the first meeting of the boards of registry therein for any election and the closing of the polls at such election, relating to the residence and qualifications as a voter of any person dwelling in such building, or of any person who appears upon the list or register of voters made by a board of registry as residing at such building, or who knowingly harbors or conceals any person who has falsely registered as a voter or who shall rent any room or rooms, bed or beds to any person to be used by such person for himself or any other person for the purpose of unlawfully registering or voting therefrom is guilty of a misdemeanor. [AM'D BY CH. 321 OF 1890, сн. 693 OF 1892 AND CH. 371 OF 1901.1 § 4le. Removal, mutilation or destruction of election booths, supplies, poll-lists or cards of instructions. Any person who: 1. During an election or town meeting, willfully defaces or injures a voting booth or compartment, or willfully removes or destroys any of the supplies or other conveniences placed in the voting booths or compartments in pursuance of law; or, 2. Before the closing of the polls, willfully defaces or destroys any list of candidates to be voted for at such election or town meeting, posted in accordance with the election law; or, 3. During an election or town meeting, willfully removes or defaces the cards for the instruction of voters, posted in accordance with the election law, is guilty of a misdemeanor. [AM'D BY CH. 714 OF 1894.] L. 1890, ch. 321, § 21, § 41f. Refusal to permit employes to attend election. - A person or corporation who refuses to an employe entitled to vote at an election or town meeting, the privilege of attending thereat, as provided by the election law, or subjects such employe to a penalty or reduction of wages because of the exercise of such privilege, is guilty of a misdemeanor. L. 1890, ch. 321, § 36. §41g. Misconduct in relation to certificates of nomination, and official ballots. - A person who, 1. Falsely makes or makes oath to, or fraudulently defaces or destroys, a certificate of nomination or any part thereof; or 2. Files or receives for filing a certificate of nomination knowing that any part thereof was falsely made; or 3. Suppresses a certificate of nomination which has been duly filed, or any part thereof; or 4. Forges or falsely makes the official indorsement of any ballot; or 5. Having charge of official ballots, destroys, conceals or suppresses them, except as provided by law, Is punishable by imprisonment for not less than one nor more than five years. L. 1890, ch. 321, §§ 32, 34. § 41h. Failure to deliver official ballots. Any person who has undertaken to deliver official ballots to any city, town or village clerk, or inspector, as authorized by the election law, and neglects or refuses to do so, is guilty of a misdemeanor. § 41i. Misconduct of election officers and watchers. -Any election officer or watcher who: 1. Reveals to another person the name of any candidate for whom a voter has voted; or 2 Communicates to another person his opinion, belief or impression as to how or for whom a voter has voted; or. 3. Places a mark upon a ballot, or does any other act by which one ballot can be distinguished from another, or can be identified; or, 4. Before the closing of the polls, unfolds a ballot which a voter has prepared for voting, is punishable by imprisonment for not less than six months nor more than one year. [AMD. BY CH. 714 of 1894. Took effect May 19, 1894.] L. 1890, ch. 321, § 34. § 41j. Violation of election law by public officer. - A public officer who omits, refuses or neglects to perform any act required of him by the election law, or refuses to permit the doing of any act authorized thereby, is, if not otherwise provided by law, punishable by imprisonment for not more than three years, or by a fine of not more than three thousand dollars, or both. L. 1890, ch. 321, § 34. R. S. 440, L. 1880, ch. 56, § 20. § 41k. Misdemeanors in relation to elections. - Any person who, 1. Acts as an inspector of election, poll clerk or ballot clerk, without being able to read and write the English language, or without being otherwise qualified to hold such office; or 2. Being an inspector of election, knowingly and willfully permits or suffers any person to vote who is not entitled to vote thereat; or 3. Willfully and unlawfully obstructs, hinders or delays, or aids or assists in obstructing or delaying any elector on his way to a registration or polling place, or while he is attempting to register or vote; or, 4. Electioneers on election day within a polling place, or in a public street or in a building or room, unless such building or room has been maintained for such purpose for at least six months previous to said election day, or in any public manner within one hundred feet of a polling place; or displays any political poster or placard, except those lawfully provided, in or upon any building us-d for registration or election purposes during any day for registration or election; or, [AMD. BY CH. 549 OF 1896. In effect May 12, 1896.] 5 Romoves any official ballot from a polling-place before the closing of the polls; or, 6. Unlawfully goes within the guard-rail of any polling-place or unlawfully remains within such guard-rail after having been commanded to remove therefrom by any inspector of election; or, 7. Enters a voting booth with any voter or remains in a voting booth while it is occupied by any voter, or opens the door of a voting booth when the same is occupied by a voter, with the intent to watch such voter while engaged in the preparation of his ballot, except as authorized by the election law; or, 8. Being or claiming to be a voter, permits any other person to be in a voting booth with him while engaged in the preparation of his ballot, except as authorized by the election law, without openly protesting against and asking that such person be ejected; or, 9. Having lawfully entered a voting booth with a voter, requests, persuades or induces such voter to vote any particular ballot or for any particular candidate, or, directly or indirectly, reveals to another the name of any candidate voted for by such voter, or anything occurring within such voting booth; or, 10. Shows his ballot after it is prepared for voting to any person so as to reveal the contents, or solicits a voter to show the same; or, 11. Places any mark upon his ballot, or does any other act in connection with his ballot with the intent that it may be identified as the one voted by him; or, 12. Places any mark upon, or does any other act in connection with, a ballot or paster ballot, with the intent that it may afterwards be identified as having been voted by any particular person; or, 13. Receives an official ballot from any person other than one of the ballot clerks having charge of the ballots; or 14. Not being a ballot clerk, delivers an official ballot to a voter; or, 15. Not being an inspector of election, receives from any voter a ballot prepared for voting; or, 16. Fails to return to the ballot clerks, before leaving the polling-place or going outside the guard-rail, each ballot not voted by him; or, 17. Willfully defaces, injures, mutilates, destroys or secretes any voting machine which belongs to any municipality for use at elections, and any person who commits or attempts to commit a fraud in the use of any such voting machine during an election; or [SUBD. 17, ADDED BY CH. 265 OF 1899. In effect Sept. 1, 1899.] 18. Willfully disobeys any lawful command of the board of inspectors, or any member thereof, is guilty of a misdemeanor. This section shall apply to general and special elections, municipal elections and town meetings, but nothing therein shall prevent any person from receiving or delivering an unofficial sample ballot, or from receiving, delivering and voting an unofficial ballot, as authorized by the election law. [FORMER SUBD. 17 MADE SUBD. 18 BY CH. 265 OF 1899. In effect Sept. 1, 1899.] R. S. 430-1, L. 1842, ch. 130, tit. VII, §§ 9, 10, 11, 12, 13. Id. 456, L. 1864, ch. 253, §§ 9, 10. Id. 438, L. 1880, ch. 56, §§ 1, 2. Id. 432, L. 1847, ch. 240, § 16. L. 1890, ch. 262, $ 35. § 411. Voting after conviction of infamous crime.-Repealed by chap. 371 of 1901. § 411 Illegal voting.-Any person who: 1. Knowingly votes or offers or attempts to vote at any election, primary election or town meeting, when not qualified; or 2. Procures, aids, assists, counsels or advises any person to go or come into any town, ward or election district, for the purpose of voting at any election, primary election or town meeting, knowing that such person is not qualified; or 3. Votes or offers or attempts to vote at an election, primary election or town meeting more than once; or votes or offers or attempts to vote at an election, primary election or town meeting under any other name than his own; or votes or offers or attempts to vote at an election, primary election or town meeting in an election district or from a place where he does not reside: or 4. Procures, aids, assists, commands or advises another to vote or offer or attempts to vote at an election, primary election or town meeting, knowing that such person is not qualified to vote thereat; or 5 Being an inhabitant of another state or county, votes or offers or attempts to vote at an election, primary election or town meeting in this state or permits, aids, assists, abets, procures, commands or advises another to commit or attempt any act named in this section is guilty of felony, punishable by imprisonment in a state prison not less than one nor more than five years. 6. An offer or attempt under this section shall be deemed to be the doing of any act made necessary by the election law preliminary to the delivery of a ballot to an elector or the deposit of the ballot in the ballot box. § 41m changed to $ 411 and amended by chap. 371 of 1901. In effect April 17 1901. § 41n changed to § 41m by chap. 371 of 1901. In effect April 17, 1901. 41m. False returns. An inspector or poll clerk of an election or town meeting, who intentionally makes, or attempts to make, a false canvass of the ballots cast thereat, or any false statement of the result of a canvass, though not signed by a majority of the inspectors, or any person who induces or attempts to induce any such inspector or clerk so to do, is guilty of a felony. This was formerly $41n and was made § 41m by ch. 371 of 1901. 41n. Furnishing money or entertainment to induce attendance at polls. Any person who with the intent to promote the election of a person to an elective office: 1. Furnishes entertainment to the electors before or during an election or town meeting at which such person is a candidate; or, 2. Pays for, procures or engages to pay for such entertainment; or, 3. Furnishes money or other property, or engages to compensate any person for procuring the attendance of voters at the polls of such election or town meeting; or, 4. Contributes money for any other purposes than the printing and circulating of hand bills, books and other papers previous to an election or town meeting, or conveying eleotors to the polls, or music, or rent of halls, is guilty of a misdemeanor. This was formerly § 410 and was made § 41n by ch. 371 of 1901. Former § 410 now this section was am'd by ch. 693 of 1892 and ch. 885 of 1895. § 410. Giving consideration for franchise. Any person who directly or indirectly, by himself or through any other person: 1. Pays, lends or contributes, or offers or promises to pay, lend or contribute any money or other valuable consideration to or for any voter, or to or for any other person, to induce such voter or other person to vote or refrain from voting at any election, or toținduce any voter or other person to vote or refrain from voting at such election for any particular person or persons, or for or against any particular proposition submitted to voters, or to induce such voter to come to the polls or remain away from the polls at such election, or to induce such voter or other person to place or cause to be placed or refrain from placing or causing to be placed his name upon a registry of voters, or on account of such voter or other person having voted or refrained from voting or having voted or refrained from voting for or against any particular person or for or against any proposition submitted to voters, or having come to the polls or remained away from the polls at such election, or hav ing placed or caused to be placed or refrained from placing or causing to be placed his or any other name upon the registry of voters; or 2. Gives, offers or promises any office, place or employment, or promises to procure or endeavor to procure any office, place or emplovment to or for any voter, or to or for any other person, in order to induce such voter or other person to vote or refrain from voting at any election, or to induce any voter or other person to vote or refrain from voting at such election, for or against any particular person or persons, or for or againstany proposition submitted to voters, or to induce any voter or other person to place or cause to be placed or refrain from placing or causing to be placed his or any other name upon a registry of voters; or 3. Gives, offers or promises any office, place, employment or valuable thing as an inducement for any voter or other person to procure or aid in procuring either a large or a small vote, plurality or majority at any election district or other political division of the state, for a candidate or candidates to be voted for at an election; or to cause a larger or smaller vote, plurality or majority to be cast or given for any candidate or candidates in one such district or political division than in another; or 4. Makes any gift, loan, promise, offer, procurement or agreement as aforesaid to, for or with any person to induce such person to procure or endeavor to procure the election of any person or the vote of any voter at any election; or 5. Procures or engages or promises or endeavors to procure, in consequence of any such gift, loan, offer, promise, procurement or agreement the election of any person, or the vote of any voter, at such election; or 6. Advances or pays or causes to be paid, any money or other valuable thing, to or for the use of any other person, with the intent that the same, or any part thereof, shall be used in bribery at any election, or knowingly pays or causes to be paid any money or other valuable thing to any person in discharge or repayment of any money, wholly or in part expended in bribery at any election, is guilty of a felony, punishable by imprisonment for not less than one year or more than five years, and in addition forfeits any office to which he may have been elected at the election with reference to which such offense was committed, and becomes incapable of holding any public office under the constitution and laws of the state for a period of five years after such conviction. Formerly § 41p; changed to $410 and am'd by ch. 371 of 1901. Former § 41p now § 410 was am'd by ch. 693 of 1892 and ch. 714 of 1894. §41p. Receiving consideration for franchise. Any person who directly or indirectly, by himself or through any other person: 1. Receives, agrees or contracts for, before or during an election, any money, gift, loan or other valuable consideration, office, place or employment for himself or any other person, for voting or agreeing to vote, or for coming or agreeing to come to the polls, or for remaining away or agreeing to remain away from the polls, or for refraining or agreeing to refrain frori registering as a voter, or for refraining or agreeing to refrain from voting, or for voting or agreeing to vote, or for refraining or agreeing to refrain from voting for or against any particular person or persons at any election, or for or against any proposition submitted to voters at such election; or 2. Receives any money or other valuable thing during or after an election on account of himself or any other person having voted or refrained from voting at such an election, or having registered or refrained from registering as a voter, or on account of himself or any other person having voted or refrained from voting for or against any particular person at such election, or for or against any proposition submitted to voters at such election, or on account of himself or any other person having come to the polls or remained away from the polls at such election, or having registered or refrained from registering as a voter, or on account of having induced any other person to vote or refrain from voting for or against any particular person x persons at such election, or for or against any proposition submit |