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Proviso.

may insti.

tute pro

certain

cases.

Ibid. $ 4.

Complaint 251. The complaint mentioned in the preceding secto be filed with secre

tion must be filed with said secretary within sixty days tary. after the election in question; provided, however, that in 1895,C. 242,

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 sub

scribers. District

252. If a person, after being notified as provided in attorney

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.

253. In the case of statements under said chapter four relating to hundred and seventeen relating to municipal elections, or municipal

to an election on the part of a city council, or of either elections,

branch thereof, the provisions of the preceding sections shall apply to the board of election commissioners instead

of the secretary of the Commonwealth. Equity

254. The supreme judicial court and the superior court powers of

shall have full equity powers to compel any person who courts; pro- fails to file a statement required by said chapter four ceedings,

hundred and seventeen, or who files a statement which 1893, c. 417,

does not conform to the provisions of said chapter in $ 239.

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

Statements

etc.

Ibid. § 5.

etc.

of.

Ibid. § 241.

days required, except that a petition may be brought

1 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.

255. No person called to testify in any proceedings Witness not under the preceding section shall be liable to criminal liable,

except, etc. prosecution under said chapter four hundred and seven

1893, c. 417, teen or otherwise, for any matters or causes in respect of g 210. which he shall be examined, or to which his testimony shall relate, except to prosecution for perjury committed in such testimony. 256. If any statements which are filed under the pro- Statements,

correction visions of this title shall apparently fail to be in conformity 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.

257. All statements which are filed in accordance with Preserva. the provisions of this title shall be preserved for not less tion, open

to public than fifteen months from the time of the election to which

inspection. ) 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

ceipt. of the person filing the same.

259. Every payment in respect of any expense incurred Vouchers, which is to be accounted for under the provisions of this accounts,

etc., presertitle shall, unless the total expense payable to the same

vation. person is less than five dollars, be vouched for by a re- Ibid. § 244. ceipted 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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Ibid. § 243.

Nomina. tions and elections to which title

Blanks to 260. The secretary of the Commonwealth shall, at the be fur.

expense of the Commonwealth, provide every city with nished.

blank forms suitable for such statements and receipts for 1893, c. 417, $ 245

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 applicable

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

to certain

etc.

TITLE XI.

PENALTIES IMPOSED UPON OFFICERS.

or assistant

assessor.

on board of election commis.

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 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 sq 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.

263. Any member of the board of election commis- Penalty sioners or an assistant registrar who refuses or wilfully neglects to require, in accordance with the provisions of 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

caucus.

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. Penalty 264. An officer of a caucus, held in accordance with on officer of any of the provisions of chapters four hundred and eighty

nine and five hundred and seven of the acts of eighteen 1893, C. 417, $ 297

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. Penalty on 265. A supervisor of an election, appointed in accordsupervisor

ance with the provision of section one hundred and twenty Ibid. § 298.

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 liundred dollars, or by imprisonment in jail not exceeding one year, or by both such fine

and imprisonment. Penalty 266. An election officer who, before the public decla

ration 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, or 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. Penalty on

267. A presiding officer at a state or city election, presiding

who, when the right of a person offering to vote is chalIbid. $ 300. lenged for any cause recognized by law, wilfully or

of election,

on election officer.

Ibid. § 299.

officer.

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