Weekly Trinity journal., 1873-08-30
ELEC TION LAW.
PENAL CODE.
PART [.
TITLE Nv.
OF Grimes Against the Elective
Franchise.

GEhAthASes
SEC. Al. Every person charged with
the performance Of any duty under the
provisions Of any law Of this State relat-
ing to elections who willfully neglects or
refuses to perform it, or who in his official
capacity knowingly and frnudulenty acts
| in cOntravention or violation Of any Of
the provisions Of such laws is, unless Il
different punishment for such act or omis-
sion is prescribed by this Code, punishable
by fine not exceeding one thousand dol
lars, or by imprisonment in the State
Prison not exceeding five years, or by
both.
SEC. ~. Every person who willfully
causes, procurcs, or allows himself to be
registered in the Great Register Of any
county, knowing himself not to be enti-
tied to such registration, is punishable by
fine not exceeding one thousand dollars,
or by imprisonment in the County Jail
or State Prison not exceeding one year,
or by both. In all cases where, on the
trial Of person charged with any otfense
under the provisions Of this section, it
appears in evidence that the accused
stands registered in the Great Register Of
any county without being qualified for
such registration, the Court must order
such registration to be Cancelled.
Stats. 1885, p. 299, Sec. a.
SEC. 43. Every person who, after be-
ing required by the Board Of Judges at
any election, refuses to be sworn, or who,
after being sworn, refuses to answer any
pertinent question propounded by such
Board, touching his right or the night Of
any other person to vote, is guilty Of II
misdemeanor.
Stats. 1856, p. 5ll, See. ).
SEC. A. Every person summoned to
appear and testify before any Board of
Registration, who willfully disobcys such
summons, is guilty Of misdemeanor.
Stats. 1853, p. Gj2, See. l5
SEC. 40. Every person not entitled to
vote, who t'raudulently votes, and every
person who votes more than once at any
one election, or knowingly hands in two
or more tickets folded together, or changes
any ballot after the same has been depos-
tied in the balotboX, or adds, or attempts
to add, any ballot to those legally pOlled
at any election, either by fraudulently
introducing the same into the ballot box
before or after the ballots therein have
been counted, or adds to or mixes with,
or attempts to add to or mix with, the
ballots lawfully polcd, other ballots,
while the same are being counted or can.
yassed, or at any other time, with intent
to change the result of such election, or
carries away or destroys, or attempts to
carry away or destroy, any poll list, or
ballots, or ballot box, for the purpose OF
breaking up or invalidating such election,
or wilifully detains, mutilates, or destroys
any election returns, or in any manner so
interferes with the officers holding such
election or conducting such canvass, or
with the voters lawfully exercising their
rights Of voting at such election, rs to
prevent such election or canvass from
being fairly held and lawfully conducted,
is guilty OF felony.
Stats. 1855, p. 206, See. l 1853, p. l65, Sec l.
SEC. 40. Every person not entitled to
vote, ,who fraudulently attempts to vote,
or who, being entitled to vote, attempts
to vote more than once at any election, is
guilty of a misdemeanor.
Stats. 1850, p. Ill, Sec. lOl.
Sec. Al. Every person who procures,
aids, assists, counsels, or advises another
to give or offer his vote at any election,
knowing that the person is not qualified
to vote, is guilty of misdcmeanor.
Stats. 1856, p. 5ll, Sec. s.
Sec. 48. Every officer, or Clerk of
Election who aids in changing, or de-
stroying, any poll list, or in placing any
ballots III the ballot box, or taking any
therefrom, or adds, or attempts to add,
any ballots to those legally polled at such
election, either by fraudulently introduce
ing the same into the ballot-box before or
after the ballots therein have been counted,
or adds to or mixes with, or attempts to
add to or mix with, the ballots polled,
any other ballots, while the same are be-
ing counted or canvassed, or at any other
time, with intent to change the result of
such election, or allows another to do so
when in his power to prevent it, or carries
away. or destroys, or knowingly allows
another to carry away or destroy, any
poll list, ballot t-box, or ballots lawfully
polled, is punishable by Imprisonment
in the State Prison for not less than two
nor more than seven years.
Stats. 1858, p. l6j, See. 2.
Sec. 40. Every Inspector, Judge or
Clerk Of any election, who, previous to
putting the ballot of an elector in the
ballot box, attempts to find out a ny name
on such ballot, or who opens, O. suffers
the ballot of any elector which has been
handed in to be opened or examined pre-
vious to putting the same into the ballot
box, or who makes or places any mark
or device on any folded ballot with the
view to ascertain the name Of any person
for whom the elector has voted, or who,
without the consent of the electOr, dis
closes the name Of any person which
such Inspector, Judge or Clerk has fraud
ulently or illegally discovered to have
been voted for by such elector, is punish
able by fine, not less than fifty nor more
than five hundred dollars.
Stats. 1888, p. 3S), Sec. l.
SEC. SO. Every person who forges or
counterfeits returns of an election pur-
porting to have been held at a precinct,
town, or ward where no election wos in
fact held, or willfully substitutes forged
or counterfeit returns of election in the
place OF the true returns, for a precinct,
town, or ward where an election was act
ually held, is punishable by imprison-
ment in the State Prison for term not
less than two nor more than ten years.
Stats. 1853, p. 800, Sec. |,
SEC. 81. Every person who adds to,
or subtracts from, the votes actually cast
at an election, in any returns, or who
alters such returns, is punishable by i'm
prisonment in the State Prison for not
less than one or more than five years.
See. 50. Every person who aids or