The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1858-01-02
An AcI
An AcI
The prevention and punishment 9

7 An Aci
Far the prevention and punishment q
/ Election Frauds.
Be it enacted BY the Governor and Leg
/ islative Assembly of the Territory of
Kansas, as follows:
SECTION l. IF any person who is not a
bona yJiide inhabitant of this Territory shall
vote at any election held under law or
under any semblanee or pretenee of law,
or if any person shall vote more than
once at the same election, at the same
place or at different places, he shall be
deemed guilty of felony, and upon con-
viction thereof shall be punished by i'm
prisonment and hard labor for term of
not less than one year nor more than two
years.
SEC. 2. ANY person or persons whatso-
ever, who may be charged with holding
any election in this Territ ~, authorized
BY law, or held under any semhlance or
pretence of law, who shall wilfully and
knowingly receive any vote offered by
any person who is not bnnG .fde resident
of this Territory, at the time of offering
to vote, or who shall have voted previ-
ously, at the same election. or any other
person or persons who shall knowingly or
wilfully commit any irregularity or fraud
whatsoever, with the intent to hinder,
prevent or defeat fair expression of the
popular will, shall be deemed guilty of
felony, and upon conviction thereof, shall
be punished by imprisonment and hard
labor for term not less than one year nor
more than three years.
SEC. 8. Any person who shall have in
his possession any falsely made, altered,
forged or counterfeit poll-book, tally list,
or election returns of any election in this
Territory, authorised by law, or held I'M
der any semblance or pretence of law,
knowing the same to be falsely made,
altered, forged or counterfeited, with
intent TO hinder, prevent or defeat fair
expression of the popular will, shall be
deemed guilty of felony, and upon con-
yiction thereof shall be punished by i'm
prisonment and hard labor for term of
not less than one year nor more than three
years.
SEC. 4. Any person or persons, who
may be authorized by law or by any
semblance or pretence of law, TO receive,
canvass or count the poll-books. tally
lists, or election returns of any election
held under law or under any semblance or
pretence of law, who shall wilfully and
knowingly receive, canvass and count
any poll-book, tally list or election returns
which are fraudulent, forged or counter
feited, or who shall falsely and fraudu-
lently count and cast up any poll-books,
tally lists, election returns or votes, with
intent to hinder, prevent, or defeat fair
expression of the popular viii, shall be
deemed guilty of felony, and upon con-
viction thereof shall be punished by i'm
prisonment and hard labor, for term not
less than two years nor more than five
years.
SEC. 5. Any person or persons author
lied by law or any semblance or pretence
of law, to grant certificates of election,
or to declare by proclamation or other
wise. the result of any election held under
law, or under any semblance or pretence
of law, who shall grant such certificates,
or declare the result of such election,
based upon fraudulent, fictitious or Illegal
votes, with intent to hinder, prevent or
defeat fair expression of the popular
will, shall be deemed guilty of felony,
and upon conviction thereof shall be.pun-
ished by imprisonment and hard labor for
a term not less than two years, nor more
than FIVE years.
Sec 6. Any person or persons who
shall knowingly and wilfully inscribe or
cause to be inscribed upon any poll book,
tally list or election returns of any election
held under law or under any semblance
of law, the name of any person not en-
titled to vote, or not voting, with intent
to hinder, prevent or defeat fair express
sion of the popular will, shall be deemed
guilty of felony, and upon conviction
thereof shall be punished by imprison-
ment and hard labor, for term not less
than one year nor more than two years.
Sec. Z. Any person who shall subscribe
or cause to be subscribed, his own name
or any other name, as judge or clerk of
any election, to any falsely made. altered,
fraudulent or counterfeited poll book,
tally list or election returns, knowing the
same to be falsely made, altered, fraudu-
lent or counterfeited, with intent to him
der, prevent, or defeat fair expression
of the popular will, shall be deemed
guilty of felony, and upon conviction
thereof shall be punished by imprison-
ment and hard labor for term of not
less than one nor more than two years.
SIC. s. In all offences arising under
any of the provisions of this act, the pro-
bate judges of the several counties shall
have original and exclusive jurisdiction,
and shall have the same powers in sum-
moning juries and in all other matters
appertaining to the arrest, trial, convic-
ton and punishment of such offenders,
as are now by law vested in the district
courts in case of felony: Provided, That
if any probate judge shall refuse to issue
writs, or in any manner to proceed under
this act, the prosecution may be had be.
fore the probate courts in any adjoining
county.
Sec. 8. All acts and parts of acts now
in force in this Territory, conflicting with
this act, shall be, and the same are hereby
repealed. FHaR Fs
SEC. 10. This act to take effect and be
in force from and after its passage.