A per taken in a sense which prohibits an innocent act. once. illegal S 69. Every person who procures or counsels an- Procuring other to give or offer his vote at any election, know- votes. ing that such person is not qualified to vote at the place where such vote is given or offered, is guilty of a misdemeanor. See Laws of 1842, ch. 130, tit. vii, § 11. voters who are un qualified. $ 70. Every person who procures or counsels an- Importing other to enter any town, ward, or election district for the purpose of giving his vote at an election, knowing that such person is not entitled so to vote, is guilty of a misdemeanor. See Laws of 1842, ch. 130, tit. vii, § 12. S71. Every inhabitant of another state or country who, not being entitled to vote within this State, votes or offers to vote at an election in this State, is guilty of felony. See Laws of 1842, ch. 130, tit. vii, § 13. $ 72. Every inhabitant of this State, who not being entitled to vote, knowingly votes or offers to vote at an election, is guilty of misdemeanor. Ib. Illegal votinhabitant state. ing by of another Illegal votinhabitant ing by of this state. Illegal votresident of ing by different $73. Every person who, at any election, knowingly votes or offers to vote in any election district in which he does not reside, or in which he is not authorized election by law to vote, is guilty of a misdemeanor. See Laws of 1842, ch. 130, tit. vii, § 10. district. voting by convict. S 74. Every person who having been convicted of Illegal any bribery or felony, thereafter offers to vote at any unpardoned election, without having been pardoned and restored to all the rights of a citizen, is guilty of a misde meanor. Procuring name to be registered improperly. Personating qualified registered voter. False statements upon registry. Compare Const. of 1846, art. 11, § 2; Laws of 1847, ch. 240, § 15; Laws of 1842, ch. 130, tit. i, § 3 and tit. iv, § 38. As the definitions of "felony" and "infamous crime" are substantially the same (2 Rev. Stat., 702, §§ 30, 31), the commissioners have employed the word "felony" instead of the phrase "infamous crime deemed by the laws of this State a felony," found in the act of 1842. S 75. Every person who causes his name to be registered as that of an elector, upon any registry of voters authorized by law to be kept in any town, city or election district of this State, knowing that he is not a qualified voter within the territorial limits covered by such registry, is punishable by imprisonment in a state prison not less than one year. This section and that next following, are founded on Laws of 1859, ch. 380, § 14. The provisions of that act relate to New York city alone; but the rule is here generalized. S 76. Every person who, within any city, town or election district in this State in which a registry of qualified voters is by law authorized to be kept, falsely personates a registered voter, and in such personating offers to vote at any election, is punishable by imprisonment in a state prison not less than one year. Ib. S 77. Every person who, at the time of requesting applying for his name to be registered as that of a qualified voter, upon any registry of voters authorized by law to be kept in any city, town, or election district of this State, or at the time of offering his vote at any election, knowingly makes any false statement or employs any false representation or pretence or token, to procure his name to be registered or his vote to be received, is guilty of a misdemeanor. What is deemed a false statement. See Laws of 1859, ch. 380, § 7. $78. A false statement, representation or token, made or used in the presence and to the knowledge of a person requesting his name to be registered or offering his vote, is to be deemed made by himself, if it appears that it was made or used in support of his claim to be registered or to vote, that he knew it to be false, and suffered it to pass uncontradicted. This section is new, but embodies familiar principles, and seems appropriate in order to give the preceding ance of pub $79. Every person who willfully disturbs or breaks Disturb up any public meeting of electors and others, law- lic meetfully being held for the purpose of considering public questions, is guilty of a misdemeanor. ings. public meet S 80. Every person who, by threats, intimidations, Preventing or unlawful violence willfully hinders or prevents ings. electors from assembling in public meeting for the consideration of public questions, is guilty of a misdemeanor. S81. Every person who makes use of any force or violence, or of any threat to do any unlawful act, as a means of preventing an elector from attending any public meeting lawfully held for the purpose of considering any public questions, is guilty of a misde meanor. Preventing from atpublic electors tending meetings. electors voting. S82. Every person who willfully, by unlawful arrest, Preventing by force and violence, or by threats or intimidations, from prevents an elector from voting at an election, or employs either of such means to hinder him from voting or to cause him to vote for any person or candidate, is guilty of a misdemeanor. ence to law $83. Every person who willfully disobeys a lawful Disobedicommand of an inspector or board of inspectors, ful comgiven in the execution of their duty as such, at an election, is guilty of a misdemeanor. See Laws of 1842, ch. 130, tit. vii, § 9. mands of inspectors. conduct or S84. Every person who is guilty of any riotous Riotous conduct, or who causes any disturbance or breach of violence which impedes elec tions. Summary arrest therefor. Such arrest no bar to a prosecu tion. the peace, or uses any disorderly violence, or threats of violence whereby any election is impeded or hindered, or whereby the lawful proceedings of the inspectors or canvassers at such election, in the discharge of their duty, are interfered with, is guilty of a misdemeanor. S85. Whenever at an election any person refuses to obey the lawful command of the inspectors, or by any disorderly conduct in their presence interrupts or disturbs their proceedings, they may make an order directing the sheriff or any constable of the county, or policeman of the town or city, to take the person so offending into custody, and detain him until the final canvass of the votes shall be completed. But such order shall not prohibit the person taken into custody from voting at the election. See Laws of 1842, ch. 130, tit. vii, § 33. $86. The fact that any person, offending against subsequent the provisions of the preceding section, was taken into custody and detained, as therein authorized, forms no defense to a prosecution for the offense committed, under any provisions of this Code. Destroying ballots, or ballotboxes. Keeping false poll lists. Intended to prevent the possible question, whether the rule that no person shall be twice punished for the same offense should apply in the case contemplated. $87. Every person who willfully breaks or destroys, on the day of any election, or before the canvass is completed, any ballot-box used or intended to be used at such election, or defaces, injures, destroys or conceals, any ballot which has been deposited in any ballot-box at an election, and has not already been counted, or canvassed, or any poll list used or intended to be used at such election, is guilty of felony. S 88. Every clerk of the poll at any election, who willfully keeps a false poll list, or knowingly inserts in his poll list any false statement, is guilty of a misdemeanor. of inspec S89. Every inspector of an election who willfully Misconduct excludes any vote duly tendered, knowing that the tors. person offering the same is lawfully entitled to vote at such election, or who willfully receives a vote from any person who has been duly challenged, in relation to his right to vote at such election, without exacting from such person such oath or other proof of qualification as may be required by law, or who willfully omits to challenge any person offering to vote whom he knows or suspects not to be duly entitled to vote, and who has not been challenged by any other person is guilty of a misdemeanor. S 90. Every inspector of any election, member of any board of canvassers, messenger or other officer authorized to take part in or perform any duty in relation to any canvass or official statement of the votes cast at any election, who willfully makes any false canvass of such votes, or makes, signs, publishes or delivers any false return of such election, or any false certificate of the result of such election, knowing the same to be false, or willfully defaces, destroys or conceals any statement or certificate entrusted to his care, is guilty of a misdemeanor. Falsely canvotes, or vassing certifying result of election. defined. S91. The word "election," as used in this chapter, Election designates only elections had within this state for the purpose of enabling electors, as such, to choose some public officer or officers under the laws of this state or of the United States. ties in elec tions no de $92. Irregularities or defects in the mode of notic- Irregulariing, convening, holding or conducting an election authorized by law, form no defense to a prosecution for a violation of the provisions of this chapter. Decisions in other states raise the question whether the invalidity of an election is an answer to a prosecution for illegally voting at it. For cases in the affirmative, see State v. Williams, 25 Me., 561; Commonwealth v. Gibbs, 4 Dall., 253: in the negative, State v. Bailey, 21 Me., 62; Commonwealth v. Shaw, 7 Metc., 52; People v. Cook, 8 N. Y. (4 Seld.), 67. The Commissioners recommend the rule in the text as clearly consonant with justice. fense for violations of this chapter. |