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cate, etc.

§ 6. Any officer whose duty it is to give or aid in giving Refusing certifi- a certificate of election or of the returns of an election, or to forward the same, who shall willfully refuse or fail to give the same, or to send the same to the Secretary of State, as required by law, shall be fined not more than a thousand dollars, forfeit any office he may then hold, and be disqualified from ever holding any office.

I R. S., 452. Advising or procuring.

$ 7. Any person who shall counsel, advise, or procure the commission, or aid in the commission, of either of the of fenses named in this article, shall incur thereby the penalty therefor, as therein named.

ing or receiving


§ 8. Any judge, sheriff, or clerk who shall receive, or Wrongfully refus assent to receive, or record a vote at an election, at any other time or place than that lawfully appointed, and any judge or sheriff who shall knowingly receive the vote of any other than a qualified voter, or so refuse to receive the vote of a qualified voter, shall, for every such offense, be fined from fifty to five hundred dollars, forfeit any office he then holds, and be disqualified from ever holding any office. (a)

§ 9. Any resident of this State who shall vote at any elecVoting underage, tion before he has resided two years in the State, or in the


county and precinct where the election is held, the time required by law, or before he has attained full age, or before he has been duly naturalized, shall be fined from fifty to one hundred dollars, or imprisoned from ten to ninety days, or both.

§ 10. Any resident of another State or country, who shall Voting more than vote at, or any person who shall vote more than once at an

once, or by false papers.

election; any person who shall vote by means of a false personation, or use of the naturalization papers of another person, dead or living; and any person who shall lend or hire his or another's naturalization papers to be used for such purpose, shall be imprisoned not less than one month or more than one year.

§ II. Any person guilty of receiving a bribe for his vote Receiving bribes. at an election, or for his services or influence in procuring a vote or votes at an election, shall be fined from fifty to five hundred dollars, and be excluded from office and suffrage.

(a) To render a judge of an election liable for refusing to permit a qualified voter to exercise his right of suffrage, it must appear that the refusal was knowingly wrongful, and prompted by impure and corrupt motives, and resulted in excluding him from voting. (Canefield vs. Bullock, 18 B. M., 497: I Bush, 135; see also same, 711; and 1 Duvall, 66.)

As to who are qualified voters, and where the vote must be cast, see section eight, article two, of the Constitution.-EDITORS.


1. "Bribe" or "bribery" means any reward, benefit, or "Bribery," etc., advantage, present or future, to the party influenced or intended to be influenced, or to another at his instance, or the promise of such reward, benefit, or advantage.


2. Money or other thing of value given or lent, in whole What deemed a or in part, to be betted on the result of election, or the promise thereof; or a bet with another that such other will vote for a named candidate, and the gift or promise of a share in any such bet made or to be made, shall be deemed a bribe.

3. Whoever shall receive money or other thing of value, Who bribed. to be used for the purpose of procuring or influencing a vote or votes, shall be deemed to have been bribed.

§ 12. Whoever shall bribe another shall, on conviction, be R. S., 453Penalty for bribfined from fifty to one hundred dollars, and imprisoned from ing. ten to ninety days, or both so fined and imprisoned, and be excluded from office and suffrage for five years.

ing up election.

§ 13. Any person who, by himself or in aid of others, Forcibly breakshall forcibly break up or prevent, or attempt to break up or prevent, the lawful holding of an election, or so obstruct or attempt to obstruct the same, or so prevent or attempt to prevent any qualified voter from giving his vote, shall be fined from fifty to five hundred dollars, or imprisoned not more than one year.

§ 14. Any person who shall make any willfully false state- False swearing. ment, under an oath duly administered at an election, shall be confined in the penitentiary from one to five years. Any Procuring anoth person who shall willfully procure another to make such false statement, shall be confined in the penitentiary one

er to do so.



15. Any person convicted of robbery, forgery, counter- Right of suffrage feiting, bribery or perjury, or other like crime, shall forfeit his right of suffrage and right to hold office.

16. It shall be the special duty of a sheriff, judge, or clerk of an election to give information of all infractions of this act to the grand jury or Commonwealth's attorney; and where there is reason to fear that an offender will make his escape out of the county before indictment, to procure his immediate apprehension. The officer before whom such offender is brought, if satisfied of his guilt, shall require from him surety, in adequate penalty, for his appearance

to give informa.

Duty of officers tion, etc.

at the next circuit court, to answer the charge; and on his failure to give it, commit him to jail till such surety is given. § 17. This chapter shall be liberally construed, so as to To be liberally prevent any evasion of its prohibitions and penalties by shift or devise. It shall also be given specially in charge to the grand jury of every county first convened after any general election.


§ 18. A grand jury may cause any person to be summoned before them as a witness, who shall be compelled to compel witnesses testify as to any knowledge he may possess touching any

I R. S., 454.

to testify.

violation of law in relation to elections in the county during the preceding eighteen months; and if he refuses to testify on oath, he shall be committed to prison until he submits, and be fined from ten to thirty dollars by the court, and a like sum for each daily repetition of the contempt.

19. In any prosecution under this chapter, it shall be no

ground of criminating self.

No exemption on exemption for a witness that his testimony may criminate himself; but no such testimony, given by a witness, shall be used against him in any prosecution, except for perjury; and if used on behalf of the Commonwealth, he shall stand discharged from all penalty for any violation of this chapter, so necessarily disclosed in his testimony, as tending to convict the accused. But the jury shall never convict any one, under the provisions of this chapter, upon the testimony of a single witness, unless sustained by strong corroborating circumstances.

§ 20. No prosecution shall be had under this chapter two where the penalty is less than confinement in the penitentiary, unless the same is commenced within two years from the time of the commission of the offense.

Jury not to convict on testimony of one witness.

Limitation years.

Elections for Congress by ballot.

Acts 1872, 75. Ballot-box to be provided.


Election of Representatives in Congress-Opening, Breaking
Seal or Envelope of Poll-books, Ballot-box, &c.

§ 1. Elections for representatives in Congress shall be by ballot.

§ 2. That it shall be the duty of the sheriff of each county, or the officer acting for him, when, for any cause, the sheriff cannot act, to provide for each precinct or voting place in the county, and at the expense of the county, to be paid for by the sheriff, and allowed by the county court, a strong and well-made ballot-box, sufficiently large to contain all the bal


lots to be cast at the precinct or voting place to which it is sent; such box to have on it a lid, working on hinges, and provided with a lock and key. An aperture sufficient only Description of for the insertion of the ballots shall be made in each box. Such box shall, within two days before the day fixed by law for holding such elections, be, by the sheriff, or other officer acting for him, delivered to the officers of the election in each precinct or voting place. The officers of the election, before the voting begins, shall see that no ballots are in their boxes.

§ 3. At the election, the clerk, under the supervision of the officers of the election, shall record the name of each voter on the poll-book, which book shall be so arranged as to have said list separate from the ordinary record of votes at any other election held at the same time and place, and shall be headed on the first page: "A list of those voting for Representatives in Congress at — precinct or voting place, in county, at the election held on the day of 18-." The blanks to be appropriately filled by the officers of the election at each precinct or voting place. § 4. The ballot-box shall remain in the custody of the officers of the election, securely locked, during the election; and said officers shall securely keep it in their custody until the time at which, as now required by law, the officers of the election are to have the poll-books delivered to the clerk of the county court; and said box, after being sealed up by the officers of election, as hereinafter provided, shall also, in like manner with the poll-books, be delivered to the said clerk.

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be printed or written on white paper.

§ 5. All ballots shall be printed or written on white paper, Ballots and shall have on them the name of the person voted for, and shall have no other distinguishing mark on them; and each ballot shall be so folded as not to show any part of the name written or printed on it.

§ 6. The judges of the election, after ascertaining, in the mode now provided by law, that the person offering to vote is legally qualified to do so, shall examine his ballot only far enough to see, and no further, that only one ballot is offered; and after the name of the voter is ascertained, he shall then deliver his ballot to the judges, who shall, in the presence of the voter, then deposit the ballot in the ballot-box. It shall be unlawful for any officer of the election, while


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§ 7. After the close of the polls, and on the same day, all the officers of the election, at their respective precincts or voting places, shall, in private, and without the presence of any one but themselves, open the box in which the ballots have been deposited, and shall carefully and correctly count Officers to certify the ballots for each candidate, and shall certify the number of votes received by each candidate at such precinct or voting place, in the same way and with the same effect as the poll-books are now required to be certified; but if two or more ballots be folded together, so as to show evidently that one person voted both or all of them, the same shall be rejected and counted out. After said ballots are counted, they shall all be again replaced in the said box, and said box shall then be locked and carefully sealed up, and delivered to the county clerk; and after being so delivered to the clerk, it shall remain in his custody, in the same condition as when delivered by the officers of the election, until it is delivered in the same way as the poll-books are now required to be delivered to the examining board. Said clerk shall take care that said boxes are carefully kept, and that no one of them is in any way broken open or tampered with while lawfully in his custody.

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Examining board toopen said boxes and count ballots. Shall make out and transmit cer


election is in progress, to so far examine the ballot of any voter at said election as to see the name of the person voted for; and it shall also be unlawful for any other person to do so during said election, unless with the express consent of the voter. Such ballots shall remain in the box until taken out, as hereinafter provided, in order to count them; and it shall be unlawful to take them out for any other purpose, or in any other way, than as herein provided for; and the said judges and other officers of the election shall be and remain where the ballot-boxes are kept, at all times after the polls are open, until each and every vote cast at said time and place shall be counted, the canvass of all votes polled be wholly completed, and the proper and requisite certificates or returns made.

8. The examining board of each county, at the time and place that they are now required by law to examine the pollbooks, shall also open the said boxes, ai. shall carefully examine and count the ballots in each for each candidate or person voted for, and shall make out and transmit certificates of the result, and of the number of ballots or votes for

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