The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1870-08-25
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from duly exercising such rlght; @
compel, or induce, by any ofsuch means
I or other unlawful means, any officer o
registration TO admit to registration an,
person not legally entitled thereto, o
interfere in any manner with any office
Of registration in the discharge Of hi
duties, or by any such means, or otheI
unlawful means, induce any officer o
registration to violate or refuse to com
ply with his duty, or any law regulating
the same; or knowingly and willfully
receive the vote Of any person not enti
tied to vote, or refuse to receive the
vote Of any person entitled to vote, OF
aid, counsel, procure, or advise any
such voter, person, or officer, 10 do any
act hereby made crime, or to omit
any act, the omission of which is hereby
made crime, every such person shall
be deemed guilty OF crime, and shall
be liable to prosecution and punishment
therefor, as provided in section nineteen
of this act for persons guilty Of any OF
the crimes therein specified: Provided,
That every registration made under the
laws of any State or Territory, for any
State or other election at which such
representative or delegate in Congress
shall be chosen, shall be deemed to be
registration within the meaning OF
this act, notwithstanding the same shall
also be made for The purposes Of any
State, territorial or municipal election.
SEC. 81. And be il further enacted,
That whenever, by the laws Of any State
or Territory, the name of any candi-
date or person to be voted for as repre-
sentative or delegate in Congress shall
be required to be printed, written or con-
tained in any ticket or ballot with other
candidates or persons TO he voted for at
the same election for State, territorial,
municipal, or local officers, il shall be
sufficient prima facie evidence, either
for the purpose Of indicting or convict
ing any person charged with voting, or
attempting or offering TO vote, unlaw-
fully under the provisions OF the preced-
ing sections, or for committing either of
the offences thereby created, to prove
that the person so charged or indicted,
voted, or attempted, or offered to vote,
such ballot or ticket, or committed either
Of the offences named in the preceding
sections OF this act with reference to
such ballot And the proof and estab-
lishment OF such facts shall be taken,
held, and deemed to be presumptive evil
dence that such person voted, or attempt
ed or offered to vote for such representa-
tive or delegate, as the case may he, or
that such otfense was committed with re-
ference to the election Of such represen-
taiive or delegate, and shall he sufficient
To warrant his conviction, unless il shall
be shown that any such ballot, when
cast, or attempted or offered TO be cast,
by him, did not contain the name OF any
candidate for office Of representative or
delegate in the Congress Of the United
States, or that such offence was not cont
mitted with reference to the election of
such representative or delegate.
SEC. %. Ind be ii further enacted,
That any officer Of any election at
which any representative or delegate in
the Congress Of the United States shall
he voted for, whether such officer of
election he appointed or created by or
under any law or. authority OF the
United States, or by or under any
State, territorial, district or municipal
law or authority, who shall neglect or
refuse TO perform any duty in regard TO
such election required of him by any
law of the United States, or Of any
State or Territory thereof; or violate
any duty so imposed, or knowingly do
any act thereby unauthorized, with in
tent to affect any such election, or the
result thereof; or fraudulently make
any false certificate of the result Of
such election in regard to such repre-
sentative or delegate; or withhold,
conceal or destroy any certificate or
record SO required by law respecting,
concerning or pertaining to the election
Of any such representative or delegate !;
or neglect, or refuse to make and re-
turn the same As 80 required by law or
aid, counsel, procure or advise any
voter, person or officer to do any act
by this or any of the preceding sections
made crime; or to omit TO do any
duty, the omission of which is by this
or any of said sections made a crime, or
attempt to do so, shall be deemed guilty
Of a crime and shall be liable to pros
ecution and punishment therefor, as
provided in the nineteenth section OF
this act for persons guilty Of any of the
crimes herein specified
SIC. 23. Andbe Il further enacted, That
whenever any person shall he defeated
or deprived Of his election TO any office
except elector of President or Vice Pres
,ident, representative or delegate in Con-
gress, or member OF State Legislature,
10y reason Of the denial of any citizen
or citizens who shall offer 10 vote, Of
the right To vote, on account OF race,
color, or previous condition OF servitudc,
his right to hold and enjoy such Office,
and the emoluments thereof, shall not
be impaired by such denial: and such
person may bring any appropriate suit
or proceeding 10 recover possession Of
such office, and in cases where it shall
appear that the sole question touching
the title to such office arises out Of the
denial OF the right to vote 10 citizens
who 80 offered to vote, on account Of
race, color, or previous condition Of
servitude, such suit or proceeding may
be instituted in the circuit or district
court of the United States of the cir
cult or district in which such persons
reside. And SAID circuit or district
court shall have, concurrently with the
State courts, jurisdiction thereof so far
a. to determine the rights OF the parties
to such office by reason of the denial OF
the right guaranteed BY the fifteenth
article of amendment to the Constitu.
ton of the United States, and secured
by this act
APPROVED, Nay 81, 1870