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Complaint
to be filed

with secre-
tary.
1895,C. 242,
§ 3.
Proviso.

District attorney

may insti.

tute pro

certain

cases.

251. The complaint mentioned in the preceding section must be filed with said secretary within sixty days after the election in question; provided, however, that in all cases a complaint may be filed at any time within thirty days after the filing of a statement or amended statement. The complaint shall state in detail the grounds of objection and shall be sworn to by at least one of the subscribers.

252. If a person, after being notified as provided in section two of said act, as above, fails to file a statement or amended statement within ten days of the time of receedings in ceiving such notice, the secretary shall bring the case to the notice of the proper district attorney, who is hereby authorized to institute civil proceedings under section two hundred and thirty-nine of said chapter four hundred and seventeen, or criminal proceedings in his discretion, which proceedings shall be brought in the name of the Commonwealth within two months after the end of said ten days' delinquency.

Ibid. § 4.

Statements

relating to municipal elections,

etc.

Ibid. § 5.

Equity powers of

253. In the case of statements under said chapter four hundred and seventeen relating to municipal elections, or to an election on the part of a city council, or of either branch thereof, the provisions of the preceding sections shall apply to the board of election commissioners instead of the secretary of the Commonwealth.

254. The supreme judicial court and the superior court shall have full equity powers to compel any person who courts; pro- fails to file a statement required by said chapter four ceedings,

etc.

1893, C. 417,

§ 239.

hundred and seventeen, or who files a statement which does not conform to the provisions of said chapter in respect to the truth, sufficiency in detail, or otherwise, to comply with the provisions of this title by filing such a statement as is required, and may compel such compliance upon the petition of any candidate voted for or of any five persons qualified to vote at the election on account of which the expenditures, or any part thereof, were made or are alleged to have been made. No such petition shall be brought later than sixty days after such election, against any one who has filed his account within the thirty

days required, except that a petition may be brought within thirty days of any payment which was not included in the statement so filed. Proceedings under this section shall be advanced upon the dockets of said courts, if requested by either party, so that they may be tried and decided with as little delay as possible. No petition brought under this title shall be withdrawn or discontinued without the consent of the attorney-general.

except, etc.

255. No person called to testify in any proceedings Witness not under the preceding section shall be liable to criminal liable, prosecution under said chapter four hundred and seven- 1893, C. 417, teen or otherwise, for any matters or causes in respect of § 240. which he shall be examined, or to which his testimony shall relate, except to prosecution for perjury committed in such testimony.

correction

Ibid. § 241.

256. If any statements which are filed under the pro- Statements, visions of this title shall apparently fail to be in conformity of. with the requirements thereof, it shall be the duty of the said board forthwith to notify the person making the same, of such failure, and to request him to amend and correct his statement.

to public inspection.

257. All statements which are filed in accordance with Preserva. the provisions of this title shall be preserved for not less tion, open than fifteen months from the time of the election to which they relate, and shall during such period be open to public Ibid. § 242. inspection, under reasonable regulations.

258. The board of election commissioners shall give a Board to receipt for any statement which may be filed with them in give reaccordance with the provisions of this title, at the request of the person filing the same.

ceipt.
Ibid. § 243-

etc., preser

259. Every payment in respect of any expense incurred Vouchers, which is to be accounted for under the provisions of this accounts, title shall, unless the total expense payable to the same vation. person is less than five dollars, be vouched for by a re- Ibid. § 244ceipted bill stating the particulars of expense, and every voucher, receipt, or account hereby required shall be preserved for at least six months from the election to which they relate.

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Blanks to

be furnished.

1893, C. 417,

$ 245.

Nominations and

elections to which title

260. The secretary of the Commonwealth shall, at the expense of the Commonwealth, provide every city with blank forms suitable for such statements and receipts for statements as are required under the provisions of this title. Such blank forms shall be approved by the secretary, treasurer and auditor of the Commonwealth, or by a majority of them.

261. The provisions of this title shall apply to all public elections, except elections of town officers in towns, and shall apply to elections by the general court and by city shall apply. Councils, and by either branch thereof, to the nomination Ibid. § 246. by caucuses and conventions and nomination papers of candidates to be voted for at such elections, except that Certain sec-sections two hundred and twenty-six, two hundred and twenty-eight and two hundred and thirty-five of said chapter four hundred and seventeen (two hundred and publishers, thirty-six, two hundred and thirty-eight and two hundred and forty-five of this digest) shall not apply to the proprietors and publishers of publications issued at regular intervals, in respect to the ordinary and regular conduct of their business as such proprietors and publishers.

tions not applicable to certain

etc.

TITLE XI.

PENALTIES IMPOSED UPON OFFICERS.

or assistant

262. An assessor or assistant assessor who knowingly Penalty enters on any list of assessed polls, or causes or allows to on assessor be entered thereon, the name of any person as a resident assessor. of a building, who is not a resident thereof, or who refuses 1893, c. 417, or wilfully neglects to inquire at the residences of women § 295. voters whose names have been transmitted to them as provided by chapter two hundred and sixty-eight of the acts of eighteen hundred and ninety-four, whether they are residents thereat, and to make a list of women voters sa found, shall for each offence be punished by fine not exceeding three hundred dollars, or by imprisonment in jail not exceeding six months, or by both such fine and imprisonment.

commis.

263. Any member of the board of election commis- Penalty sioners or an assistant registrar who refuses or wilfully on board of neglects to require, in accordance with the provisions of election section forty-eight of said chapter four hundred and seven- sioners or teen as amended by section one of chapter two hundred assistant and ninety-one of the acts of eighteen hundred and ninety- registrars. Ibid. § 296. four (section forty-three of this digest), an applicant for registration to read from the cards to be furnished under said act containing extracts from the constitution of the Commonwealth, in such manner as to show that he is neither prompted nor reciting from memory, or to require, in accordance with the provisions of section forty-four of said chapter four hundred and seventeen (section thirtynine of this digest), an applicant for registration to write his name in the general register, unless he is prevented by physical disability from so doing, or to announce the name of an applicant for registration in a clear, audible and distinct tone of voice before entering his name upon the general register, or who knowingly prevents or seeks to prevent the registration of any legal voter, or who knowingly registers the name of any person not qualified to vote, or who is guilty of any fraud or corrupt conduct in

Penalty

on officer of

caucus.

1893, C. 417, $297.

Penalty on supervisor of election.

Ibid. § 298.

Penalty

on election officer.

Ibid. § 299.

Penalty on

presiding

the execution of the duties of his office, shall be punished by fine not exceeding three hundred dollars, or by imprisonment in jail not exceeding six months, or by both such fine and imprisonment.

264. An officer of a caucus, held in accordance with any of the provisions of chapters four hundred and eightynine and five hundred and seven of the acts of eighteen hundred and ninety-five, who knowingly makes any false count of ballots or votes, or makes a false statement or declaration of the result of a ballot or vote, or knowingly refuses to receive any ballot cast by a person qualified to vote at such caucus, or wilfully alters, defaces, or destroys any ballots cast, or voting lists used thereat, before the requirements of the provisions of said chapters have been accomplished as therein required, or declines or wilfully fails to perform any duty or obligation imposed by the provisions of said chapters, shall be punished by fine not exceeding one hundred dollars, or by imprisonment in jail not exceeding three months, or by both such fine and imprisonment.

265. A supervisor of an election, appointed in accordance with the provision of section one hundred and twenty of said chapter four hundred and seventeen (section one hundred and forty-three of this digest), who violates any of the provisions of said section, shall be punished by fine not exceeding three hundred dollars, or by imprisonment in jail not exceeding one year, or by both such fine and imprisonment.

266. An election officer who, before the public declaration of the vote at an election, makes any statement of the number of ballots cast, of the number of votes given for any person, of the name of any person who has voted, of the name of any person which has not been voted on, of any other fact tending to show the state of the polls, shall be punished by fine not exceeding one hundred dollars, or by imprisonment in jail not exceeding thirty days, or by both such fine and imprisonment.

or

267. A presiding officer at a state or city election, who, when the right of a person offering to vote is chalIbid. § 300. lenged for any cause recognized by law, wilfully or

officer.

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