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SEC.

41t. Duress and intimation* of voters.

41u. Political assessment.

41v. Corrupt use of position or authority.

41w.Failure to file candidates' statement of expenses.

§ 41. Misdemeanors at political caucuses and conventions.—Any person who,

1. Votes or attempts to vote at a political caucus or convention without being entitled to do so; or

2. By bribery, menace or other corrupt means, directly or indirectly, attempts to influence the vote of any person entitled to vote at such caucus or convention, or obstructs such person in voting, or prevents him from voting thereat; or

3. Fraudulently and wrongfully does any act tending to effect* the result of an election at such caucus or convention; or

4. Being an officer, teller or canvasser thereof, willfully omits, refuses or neglects to do any act required by the election law, or refuses to permit any person to do any act authorized thereby, or makes or attempts to make any false canvass of the ballots cast at such caucus or convention, or statement of the result of a canvass of the ballots cast thereat; or

5. Induces or attempts to induce any officer, teller or canvasser of such caucus or convention to do any act in violation of his duty; Is guilty of a misdemeanor.

R. S. 458, L. 1882, ch. 154, §§ 1, 3.
Id. 462, L. 1887, ch. 265, §§ 17, 19.

S41a. False registration.- Any person who causes his name to be placed upon any list or register of voters in more than one election district for the same election, or upon a list or register of voters, knowing that he will not be qualified voter in the district at the election for which such list or register is made, or aids or abets any such act, is punishable by imprisonment for not more than five years. L. 1890, ch. 321, § 21.

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§ 41b. Mutilation, destruction or loss of registry list. 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 same 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.

41c. Misconduct of registry officers.- Any member or clerk of a registry board who willfully violates any provisions of the election law relating to the registration of electors, 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 nor more than ten years. L. 1890, ch. 321, § 21.

41d. Failure of house-dwellers to answer inquiries.- Any per son dwelling in a building in a city who willfully refuses to truly answer any question asked by any elector of such city, between the first meeting of the boards of registry therein for any election and

*So in original.

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the closing of the polls of 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, is guilty of a misdemeanor.

L. 1890, ch. 321, § 15.

S41e. Removal, mutilation or destruction of election supplies, poll-lists or cards of instruction.- Any person who,

1. During an election or town meeting, 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.

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.

S41g. Misconduct in relation to certificates of nomination, and official ballots. A person who,

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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.

S41i. Misconduct of election officers and watchers. tion officer or watcher who,

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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 impres sion 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, is punishable by imprisonment for not less than six months, nor more than one year.

L. 1890, ch. 321, § 34.

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S41j. 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, punishabie 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 lawfully obstructs, hinders or delays, or aids or assists in obstructing or delaying any elector on his way to a polling place, or while he is attempting to vote; or

4. Electioneers on election day within a polling place, or in a public street or room, or in any public manner, within one hundred and fifty feet of a polling-place; or

5. Knowingly votes or offers to vote at any election, when not qualified therefor; or

6. 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 an election, knowing that such person is not qualified; or 7. Votes or offers to vote at an election more than once, in an election district or place where he does not reside; or

8. Procures, aids, assists, commands or advises another to vote or offer to vote at an election, knowing that such person is not qualified to vote thereat; or

9. Removes any official ballot from a polling-place before the closing of the polls; 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

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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 disobeys any lawful command of the board of inspect

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ors, is guilty of a misdemeanor. This section shall apply to general and special 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.

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. Any person who has been convicted of an infamous crime and has been sentenced or committed therefor to a state prison or penitentiary, who votes at any election unless he shall have been pardoned and restored to all the rights of a citizen, is guilty of a misdemeanor.

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1. get $41m. Voting by an inhabitant of another state or country. Any inhabitant of another state or country who votes or offers to vote at an election or town meeting in this state, is guilty of a felony. R. S. 431, L. 1842, ch. 130, tit. VII, § 13.

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S41n. 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.

R. S. 439, L. 1880, ch. 56, §§ 18-19.

410. 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 purpose than the printing and circulating of hand bills, books and other papers previous to an election or town meeting, or conveying such* poor or infirm electors to the polls, is guilty of a misdemeanor.

R. S. 430, L. 1842, ch. 130, tit. VII, § 6.

41p. Giving considerations 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 to vote or refrain from voting at such election for any particular person or persons, or to induce such voter to come to the polls or remain away

*So in original.

from the polls at such election or on account of such voter having voted or refrained from voting, or having voted or refrained from voting for any particular person, or having come to the polls or remained away from the polls at such election; or

2. Gives, offers or promises any office, place or employment, or promises to procure, or endeavor to procure any office, place or employment to or for any voter or to or for any other person, in order to induce such voter to vote or refrain from voting at such election for any particular person or persons; or

3. Makes any gift, loan, promise, offer, procurement or agreement, as aforesaid, to, for or with any person in order 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

4. 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

5. Advances, 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 partly expended in bribery at any election,

Is guilty of an infamous crime, punishment* by imprisonment for not less than three months, nor more than one year, and in addition, forfeits any office to which he may have been elected at the election with reference to which such offense was committed.

41q. Receiving considerations 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 from voting, or for voting or agreeing to vote, or for refraining or agreeing to refrain from voting for any particular person or persons at any 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 election, or on account of himself or any other person having voted or refrained from voting for any particular person 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 on account of having induced any other person to vote or refrain from voting for any particular person or persons at such election,

Is guilty of an infamous crime, punishable by imprisonment for not less than three months nor more than one year, and in addition shall be excluded from the right of suffrage for five years after such conviction; and the clerk of the county in which such person is convicted shall transmit a certified copy of the record of conviction to the

*So in original.

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