Sec. 13329. Voting, When Not a Citizen. Whoever, not being a citizen of the United States, votes at a primary election shall be fined not less than fifty dollars nor more than two hundred dollars or imprisoned in jail not less than ten days nor more than sixty days or both. History:-68 v. 29.

Upon an indictment for voting at an election, without being a citizen of the United States, it is sufficient to prove that the defendant is a foreigner by birth and that he deposited a ballot, without showing that he voted for any person: State v. McGinly, 2 Dec. Rep. 398.

Sec. 13330. Voting More Than Once. Whoever votes more than once at the same primary election, shall be imprisoned in the penitentiary not less than one year nor more than five years.

History:-97 v. 107; 99 v. 223.

Sec. 13331. Voting, Not a Resident. Whoever votes at a primary election not being an elector resident of the precinct, ward or township in which he votes, shall be fined not less than one hundred dollars nor more than three hundred dollars or imprisoned in the penitentiary for one year, or both.

History:-97 v. 107.

Sec. 13332. Voting Under False Name, Etc. Whoever votes or attempts to vote, or tenders to the judge of election, for deposit in the ballot box, a ticket at a primary election knowing that he is not a qualified elector, or votes under an assumed or false name, shall be imprisoned in the penitentiary not less than one year nor more than three years.

History:-99 v. 223.

Sec. 13333. Impersonating Another. Whoever personates another for the purpose of voting, or attempts to vote at a primary election by claiming or assuming the name or place of an elector, shall be imprisoned in the penitentiary not less than one year nor more than five years.

History:-99 v. 223.

Sec. 13334. Falsely Signing Certain Papers. Whoever, with intent to defraud or deceive, writes or signs the name of another person to any document, nomination paper or book, authorized or required by the laws relating to primary elections, shall be guilty of forgery and be imprisoned in the penitentiary not less than one year nor more than three years.

History:-99 v. 223.

Sec. 13335. Voting With Wrong Political Party. Whoever votes or attempts to vote at the primary election of a political party other than the political party with which he has affiliated as defined by law, shall be fined not less than fifty dollars nor more than five hundred dollars or imprisoned in jail not less than three months nor more than six months, or both.

History:-99 v. 223.

Sec. 13336. Intimidating Elector. Whoever attempts to intimidate an elector or a supervisor or judge of an election held under the laws relating to primary elections or interferes with or disturbs such election, shall be fined not more than one hundred dollars and imprisoned not less than twenty days nor more than thirty days.

History:-68 v. 29.

Sec. 13337. Omission of Duty by Supervisor, or Judge. Whoever, being a supervisor or judge of a primary election, willfully omits a duty imposed upon him by law, shall be fined not less than fifty dollars nor more than two hundred dollars or imprisoned in jail not less than ten days nor more than sixty days, or both.

History:-68 v. 29.

Sec. 13338. Official Refusing to Perform Duty. Whoever wilfully refuses or neglects to perform a duty prescribed by the laws regulating the conduct of primary elections, for which no other penalty is provided by law, shall be fined not less than five dollars nor more than fifty dollars or imprisoned in the county jail not less than five days nor more than thirty days, or both.

History:-99 v. 223.

Sec. 13339. Refusing to Testify. Whoever, having been duly subpoenaed or ordered to appear before a grand jury, court, board or officer in a proceeding or prosecution upon complaint, information, affidavit or indictment, for an offense under the laws relating to primary elections, fails so to do, or having appeared, refuses to answer a question pertinent to the matter under inquiry or investigation, or refuses to produce, upon reasonable notice, any material, books, papers, documents or records in his possession or under his control, shall be fined not less than one hundred dollars nor more than five thousand dollars and imprisoned in jail not less than thirty days nor more than six months.

History:-99 v. 224.

Sec. 13340. Witness Testifying Exempt. In a proceeding or prosecution brought under the laws relating to primary elections, if a person is called to testify, he shall be required to testify to all facts of which he has knowledge, and the fact that he has so testified shall forever be a bar to a prosecution brought against him for violating such laws as to such matters to which he may have testified.

History-97 v. 107; 99 v. 224.

Sec. 12842. Penalty for False Affidavit Verifying Petitions. Whoever, either orally or in writing on oath lawfully administered. wilfully and corruptly states a falsehood as to a material matter in a proceeding before a court, tribunal or officer created by law, or in a matter in relation to which an oath is authorized by law, including an oath taken by any person making any affidavit required for verifying or filing a nominating, initiative, supplementary or referen

dum petition, or part thereof, is guilty of perjury and shall be imprisoned in the penitentiary not less than one year nor more than ten

years.

History-33 v. 33; 38 v. 146; 39 v. 13; 52 v. 27; 54 v. 83; 59 v. 91; 68 v. 27; 104 v. 7.

Sec. 12949. Penalty for Interfering With Privileges of An Elector On Election Day. Whoever, being an employer, his officer, or agent. discharges an elector because he fails or refuses to labor on the first Tuesday after the first Monday in November, between the hours of twelve o'clock noon, central standard time, and five-thirty o'clock p. m. central standard time, or requires or orders any elector in his employ to accompany him to a voting place upon such day, or who refuses to permit such elector to serve as an election official on any election day, shall be fined not more than twenty-five dollars.

History:-87 v. 280; 97 v. 238; 103 v. 94.

Sec. 13341. Deceiving Elector Who Cannot Read. Whoever furnishes a ballot to an elector who cannot read, informing him that it contains a name different from those which are written or printed thereon, with intent to induce him to vote contrary to his inclination, shall be imprisoned in the penitentiary not less than one year nor more. than three years.

History:-39 v. 13.

Sec. 13342. Attempting to Speak to a Person Within the Guard Rail. Whoever, at an election, speaks or attempts to speak to a person while within the guard rail, except as provided by law, shall be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned in jail not more than six months, or both.

History:-88 v. 464; 89 v. 450.

Sec. 13343. Hindering Another from Voting. Whoever wilfully hinders or delays an elector from voting at an election, shall be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned in jail not more than one year, or both.

History-88 v. 464; 89 v. 449.

Sec. 13343-1. Printing or Posting Anonymous Attacks On Candidates. Whoever writes, prints, posts or distributes, or causes to be written, printed, posted or distributed, a circular or advertisement which is designed to promote the election of a candidate, or to injure or defeat any candidate for election at any primary or any general election, or to influence the voters in any primary or any general election, or to influence the voters on any constitutional amendment, unless there appears on such circular or poster, or advertisement, in a conspicuous place, either the names of the chairman or secretary, or of two officers of the organization issuing the same, or of some voter who is responsible therefor, with his name and address, shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars, nor more than one thousand dollars, or imprisoned not more than one year, or both.

History:-106 v. 350.

General Code § 13343-1, appearing in Part Four, Title I, Chapter 18, entitled "Offenses Relating to Elections," in its operation does not restrain or abridge the liberty of speech as guaranteed by § 11, Art. I, bill of rights, but is regulatory in nature, and intended to prevent abuse of the right: State v. Babst, 104 O. S. 167.

Sec. 13344. Loitering, Etc., Near Polls. Whoever, within the boundaries of a municipality and within one hundred feet of the polling place of an election, loiters upon the streets, alleys or sidewalks during the receiving and counting of the ballots or hinders or delays an elector in reaching or leaving the place fixed for the casting of such ballots shall be fined not less than five dollars nor more than one thousand dollars or imprisoned in jail not less than five days nor more than thirty days or both. The judges of election may order the arrest of a person violating this section, but such arrest shall not prevent such person from voting if entitled so to do.

History:-39 v. 13; 74 v. 215; 86 v. 368; 97 v. 217.

Sec. 13345. Removing or Destroying Election Supplies. Whoever, during an election, wilfully removes or destroys any of the supplies or conveniences furnished to enable a voter to prepare his ballot, shall be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned in jail not more than one year, or both.

History:-88 v. 464; 89 v. 449.

Sec. 13346. Destroying Certificate of Election Result. Whoever, wilfully destroys, defaces or conceals a lawful certificate or statement of the result of an election entrusted to him or his care for delivery, shall be imprisoned in the penitentiary not less than two years nor more than five years.

History-83 v. 226; 97 v. 214; 98 v. 223.

Sec. 13347. Publishing False Statement of Election Results. Whoever makes, issues, utters or publishes a false certificate, statement or proclamation of the result of an election, knowing it to be false, shall be imprisoned in the penitentiary not less than two years nor more than five years.

History:-83 v. 226; 97 v. 214; 98 v. 223.

Sec. 13348. Damage to or Destruction of Registers. Whoever, wilfully mars, damages or destroys a register of electors, or a portion thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars or imprisoned in the county jail not more than fifteen days, or both.

History:-82 v. 232; 83 v. 209; 89 v. 157; 97 v. 195.

Sec. 13349. Destroying Certificate of Nomination, Etc. Whoever, falsely makes or wilfully defaces or destroys a certificate of nomination, nomination paper or part thereof or a letter of withdrawal, or signs such certificate or paper contrary to law, or files a certificate of nomination, nomination paper or letter of withdrawal,

knowing it or part thereof to be falsely made, or suppresses a certificate of nomination or nomination paper, or part thereof, which has been duly filed, shall be fined not less than one hundred dollars nor more than one thousand dollars or imprisoned in jail not more than one year, or both.

History:-88 v. 464; 89 v. 449.

Sec. 13350. Fraudulent Writing On Poll-books or Tally Sheets. Whoever, from the time ballots are cast or voted until the time has expired for using them as evidence in a contest of election, wilfully and with fraudulent intent, inscribes, writes or causes to be inscribed or written in or upon a poll-book, tally-sheet or list, lawfully made. or kept at an election, or in or upon a book or paper purporting to be such, or upon an election return, or upon a book or paper containing such return, the name of a person not entitled to vote at such election or not voting thereat, or a fictitious name, or, within such time, wrongfully changes, alters, erases or tampers with a name, word or figure contained in such poll-book, tally-sheet, list-book or paper, or falsifies, marks or writes thereon with intent to defeat, hinder or prevent a fair expression of the will of the people at such election, shall be imprisoned in the penitentiary not less than one year nor more than three years.

History:-67 v. 51; 78 v. 30.

In an indictment under this section it is not necessary to set out a copy of the poll book or tally sheet on which the offense was committed, nor is the purport thereof required; it is sufficient to describe it by the designation "poll book" or "tally sheet," and to aver that the defendant wrongfully and fraudulently changed, altered, erased, or tampered with a "name," "word," or "figure" contained in such poll book or tally sheet, as the facts may require, setting forth the nature and character of the alteration made; and that it was done with intent to defeat, hinder or prevent a fair expression of the will of the people at an election: State v. Granville, 45 O. S. 264.

The proof offered, that a certain mark opposite certain names on the certified list of voters at a primary election was made by the defendant, in this case, was sufficient to establish that fact beyond a reasonable doubt; and the use of these marks as a standard, from comparison with which an expert testified that other marks made opposite other names were made by the same hand, was a legal method of proof and established the fact claimed beyond a reasonable doubt: Ryan v. State, 10 O. C. C. (N. S.) 497, 20 O. C. D. 306.

Sec. 13350-1. Absent Voter's Ballot; Penalty for Offenses Relating Thereto. Whoever impersonates another or makes a false representation in order to obtain an absent voter's ballot, or knowingly connives to help a person to vote an absent voter's ballot illegally, or being a member or officer of any board of deputy state supervisors of elections opens, destroys, steals, marks or mutilates any absent voter's ballot or aids or abets another to do so after the same has been voted, or delays in delivering such ballots to the proper officers of elections with a view to prevent said ballots arriving in time to be counted or in any manner aids or attempts to aid any person to vote an absent voter's ballot unlawfully, or hinders or attempts to hinder a duly qualified elector from voting an absent voter's ballot, or hinders or attempts to hinder any official from delivering or counting any absent voter's ballot, shall be guilty of a felony and shall be imprisoned in the penitentiary for not less than one nor more than five years.

History:-107 v. 58.