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Defrauding

an elector

4. 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, is guilty of misdemeanor.

See Laws of 1842, ch. 120, tit. vii, § 6. The commissioners have enlarged the existing rule, so far as to allow contributions for the expenses of public meetings as well as those of printing and circulating election documents. The same reasons which justify the second species of expenditure, sustain the first, and the existing rule is known to be stricter than can in practice be enforced.

S 66. Every person who fraudulently alters the in his vote. ballot of any elector, or substitutes one ballot for another, or furnishes any elector with a ballot containing more than the proper number of names, or who intentionally practices any fraud upon any elector to induce him to deposit a ballot as his vote and to have the same thrown out and not counted, or otherwise to defraud him of his vote, is guilty of misdemeanor.

Obstructing

electors at

elections.

Substantially the provision of Laws of 1842, ch. 130, tit. vii, §§ 7 and 8, but extended to embrace any fraud practised upon an elector whereby he is deprived of his

vote.

S67. Every person who willfully and without law

tending ful authority obstructs, hinders, or delays any elector on his way to any poll where an election shall be held, is guilty of a misdemeanor.

Voting more than once.

See Laws of 1842, ch. 130, tit. vii, § 9.

S68. Every person who votes more than once at the same election, or who offers to vote after having once voted, either in the same or in another election district, is guilty of a misdemeanor.

See Laws of 1842, ch. 130, tit. vii, § 10. The language of that section is "who votes or offers to vote more than once," &c. This language is capable of being

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illegal

$69. Every person who procures or counsels an- Procuring other to give or offer his vote at any election, know- votes. ing that such person is not qualified to vote at the place where such vote is given or offered, is guilty of a misdemeanor.

See Laws of 1842, ch. 130, tit. vii, § 11.

S70. Every person who procures or counsels another to enter any town, ward, or election district for the purpose of giving his vote at an election, knowing that such person is not entitled so to vote, is guilty of a misdemeanor.

See Laws of 1842, ch. 130, tit. vii, § 12.

Importing

voters who

are un

qualified.

of another

$71. Every inhabitant of another state or country Illegal vot. ing by who, not being entitled to vote within this State, votes inhabitant or offers to vote at an election in this State, is guilty state. of felony.

See Laws of 1842, ch. 130, tit. vii, § 13.

Illegal vot

ing by

$ 72. Every inhabitant of this State, who not being entitled to vote, knowingly votes or offers to vote at inhabitant an election, is guilty of misdemeanor.

Ib.

of this state.

Illegal votresident of

ing by

different

$73. Every person who, at any election, knowingly votes or offers to vote in any election district in which he does not reside, or in which he is not authorized election by law to vote, is guilty of a misdemeanor.

See Laws of 1842, ch. 130, tit. vii, § 10.

district.

voting by

convict.

S74. Every person who having been convicted of legal any bribery or felony, thereafter offers to vote at any unpardoned election, without having been pardoned and restored to all the rights of a citizen, is guilty of a misde

meanor.

Procuring name to be registered improperly.

Personating quali fied regis

tored voter.

False statements upon

registry.

Compare Const. of 1846, art. 11, § 2; Laws of 1847, ch. 240, § 15; Laws of 1842, ch. 130, tit. i, § 3 and tit. iv, § 38.

As the definitions of "felony" and "infamous crime" are substantially the same (2 Rev. Stat., 702, §§ 30, 31), the commissioners have employed the word "felony" instead of the phrase "infamous crime deemed by the laws of this State a felony," found in the act of 1842.

$75. Every person who causes his name to be registered as that of an elector, upon any registry of voters authorized by law to be kept in any town, city or election district of this State, knowing that he is not a qualified voter within the territorial limits covered by such registry, is punishable by imprisonment in a state prison not less than one year.

This section and that next following, are founded on Laws of 1859, ch. 380, § 14. The provisions of that act relate to New York city alone; but the rule is here generalized.

S 76. Every person who, within any city, town or election district in this State in which a registry of qualified voters is by law authorized to be kept, falsely personates a registered voter, and in such personating offers to vote at any election, is punishable by imprisonment in a state prison not less than one year.

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S77. Every person who, at the time of requesting applying for his name to be registered as that of a qualified voter, upon any registry of voters authorized by law to be kept in any city, town, or election district of this State, or at the time of offering his vote at any election, knowingly makes any false statement or employs any false representation or pretence or token, to procure his name to be registered or his vote to be received, is guilty of a misdemeanor.

What is

deemed a false statement.

See Laws of 1859, ch. 380, § 7.

$ 78. A false statement, representation or token, made or used in the presence and to the knowledge of a person requesting his name to be registered or

offering his vote, is to be deemed made by himself, if it appears that it was made or used in support of his claim to be registered or to vote, that he knew it to be false, and suffered it to pass uncontradicted.

This section is new, but embodies familiar principles, and seems appropriate in order to give the preceding section its full application.

ance of pub

ings.

$ 79. Every person who willfully disturbs or breaks Disturbup any public meeting of electors and others, law- lic meetfully being held for the purpose of considering public questions, is guilty of a misdemeanor.

public meet

S 80. Every person who, by threats, intimidations, Preventing or unlawful violence willfully hinders or prevents ings. electors from assembling in public meeting for the consideration of public questions, is guilty of a misdemeanor.

S 81. Every person who makes use of any force or violence, or of any threat to do any unlawful act, as a means of preventing an elector from attending any public meeting lawfully held for the purpose of considering any public questions, is guilty of a misde

meanor.

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electors

voting.

S82. Every person who willfully, by unlawful arrest, Preventing by force and violence, or by threats or intimidations, from prevents an elector from voting at an election, or employs either of such means to hinder him from voting or to cause him to vote for any person or candidate, is guilty of a misdemeanor.

S83. Every person who willfully disobeys a lawful command of an inspector or board of inspectors, given in the execution of their duty as such, at an election, is guilty of a misdemeanor.

See Laws of 1842, ch. 130, tit. vii, § 9.

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Disobedi

ence to law

ful com

mands of inspectors.

Riotous

conduct or

S84. Every person who is guilty of any riotous conduct, or who causes any disturbance or breach of violence

which impedes elections.

Summary arrest therefor.

Such arrest

no bar to a

prosecu

tion.

the peace, or uses any disorderly violence, or threats of violence whereby any election is impeded or hindered, or whereby the lawful proceedings of the inspectors or canvassers at such election, in the discharge of their duty, are interfered with, is guilty of a misdemeanor.

$ 85. Whenever at an election any person refuses to obey the lawful command of the inspectors, or by any disorderly conduct in their presence interrupts or disturbs their proceedings, they may make an order directing the sheriff or any constable of the county, or policeman of the town or city, to take the person so offending into custody, and detain him until the final canvass of the votes shall be completed. But such order shall not prohibit the person taken into custody from voting at the election.

See Laws of 1842, ch. 130, tit. vii, § 33.

$86. The fact that any person, offending against subsequent the provisions of the preceding section, was taken into custody and detained, as therein authorized, forms no defense to a prosecution for the offense committed, under any provisions of this Code.

Destroying ballots, or ballotboxes.

Keeping false poll lists.

Intended to prevent the possible question, whether the rule that no person shall be twice punished for the same offense should apply in the case contemplated.

S87. Every person who willfully breaks or destroys, on the day of any election, or before the canvass is completed, any ballot-box used or intended to be used at such election, or defaces, injures, destroys or conceals, any ballot which has been deposited in any ballot-box at an election, and has not already been counted, or canvassed, or any poll list used or intended to be used at such election, is guilty of felony.

$88. Every clerk of the poll at any election, who willfully keeps a false poll list, or knowingly inserts in his poll list any false statement, is guilty of a misdemeanor.

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