ishable by imprisonment in the State Prison for a term not exceeding five years. NOTE.-Misprision of treason is the concealment of treason, by being merely passive.-1 East's P. C., p. 13. TITLE IV. OF CRIMES AGAINST THE ELECTIVE FRANCHISE. SECTION 41. Violation of election laws by certain officers a felony. 42. Fraudulent registration a felony. 43. Refusal to be sworn by or to answer questions of Board of Judges of Election a misdemeanor. 44. Refusal to obey summons of Board of Registration a misdemeanor. 45. Voting without being qualified, voting twice, and other election frauds, felonies. 46. Attempting to vote without being qualified. 47. Procuring illegal voting a misdemeanor. 48. Changing ballots or altering returns by election officers, felonies. 49. Inspectors unfolding or marking tickets guilty of a misdemeanor. 50. Forging or altering returns a felony. 51. Adding to or subtracting from votes given a felony. felony. 53. Intimidating, corrupting, deceiving, or defrauding electors, a misdemeanor. 54. Furnishing money for elections except for specified pur poses. 55. Unlawful offers to procure offices for electors. 56. Communicating such offer. 57. Bribing or offering to bribe members of legislative cau cuses, etc. 58. Preventing public meetings. 59. Disturbance of public meetings, misdemeanor. 60. Betting on elections. 61. Violation of election laws by persons not officers. 41. Every person charged with the performance of any duty, under the provisions of any law of this State relating to elections, who willfully neglects or refuses to perform it, or who, in his official capacity, NOTE.-An officer of election is not criminally Violation of election laws by certain officers a registration 42. Every person who willfully causes, procures, Fraudulent or allows himself to be registered in the Great Register a felony. of any county, knowing himself not to be entitled 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 a person charged with any offense 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 canceled. NOTE.-Stats. 1866, p. 299, Sec. 34. 43. Every person who, after being 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 right of any other person to vote, is guilty of a misdemeanor. NOTE.-Stats. 1866, p. 511, Sec. 5. 44. Every person summoned to appear and testify before any Board of Registration, who willfully disobeys such summons, is guilty of a misdemeanor. NOTE.-Stats. 1868, p. 652, Sec. 15. Voting without being qualified, voting twice, and other elec felonies. 45. Every person not entitled to vote, who fraudulently votes, and every person who votes more than once at any one election, or knowingly hands in two tion frauds, or more tickets folded together, or changes any ballot after the same has been deposited in the ballot box, 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 polled, other ballots, while the same are being counted or canvassed, 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 willfully 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, as to prevent such election or canvass from being fairly held and lawfully conducted, is guilty of felony. NOTE.-Stats. 1855, p. 296, Sec. 1; 1858, p. 165, Sec. 1. Not entitled to vote. Where one takes advice from a person not a member of the bar concerning his right to vote, he cannot set up this advice in defense on a charge of illegal voting. But if he states the facts to the Judges of Election, and they decide in favor of his right to vote, their decision would rebut the presumption of guilty knowledge on his part.-State vs. Boyet, 10 Ired., p. 336. Ignorance of law will not excuse an act of illegal voting, but on the other hand there must be shown to have been within the knowledge of the defendant a state of facts which would legally disqualify him from voting.-McGuire vs. State, 7 Humph., p. 54; Reg. vs. Price, 3 Per. & D., p. 421; 11 A. & E., p. 727; Commonwealth vs. Bradford, 9 Met., p. 268. Voting twice. Commonwealth vs. Silsbee, 9 Mass., p. 417; State vs. Bailey, 21 Maine, p. 62; State vs. Williams, 25 Maine, p. 561; Walker vs. Winn, 8 Mass., p. 248; Clark vs. Binney, 2 Pick., p. 113. The act of vot- to vote being 46. Every person not entitled to vote, who fraudu- Attempting lently attempts to vote, or who, being entitled to vote, without attempts to vote more than once at any election, is qualified. guilty of a misdemeanor. NOTE.-Stats. 1850, p. 111, Sec. 101. any illegal voting & misdemeanor. 47. Every person who procures, aids, assists, coun- Procuring sels, or advises another to give or offer his vote at election, knowing that the person is not qualified to vote, is guilty of a misdemeanor. NOTE.-Stats. 1866, p. 511, Sec. 8. 48. Every officer or clerk of election who aids in changing or destroying any poll list, or in placing any ballots in 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 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 polled any other ballots, while the same are being 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 box, or ballots lawfully polled, is punishable by imprisonment in the State Prison for not less than two nor more than seven years. NOTE.-Stats. 1858, p. 165, Sec. 2. Changing altering ballots or returns by election officers, felonies. unfolding tickets guilty of a misde 49. Every Inspector, Judge, or Clerk of an elec- Inspectors tion, who, previous to putting the ballot of an elector or marking in the ballot box, attempts to find out any name on such ballot, or who opens or suffers the folded ballot of meanor. any elector which has been handed in to be opened or examined previous 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, discloses the name of any person which such Inspector, Judge, or Clerk has fraudulently or illegally discovered to have been voted for by such elector, is punishable by fine, not less than fifty nor more than five hundred dollars. NOTE.-Stats. 1863, p. 398, Sec. 1. 50. Every person who forges or counterfeits returns of an election purporting to have been held at a precinct, town, or ward where no election was 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 actually held, is punishable by imprisonment in the State Prison for a term not less than two nor more than ten years. NOTE.-Stats. 1863, p. 399, Sec. 1. 51. Every person who willfully adds to or subtracts from the votes actually cast at an election, in any returns, or who alters such returns, is punishable by imprisonment in the State Prison for not less than one nor more than five years. NOTE.-Stats. 1863, p. 399, Sec. 1. 52. Every person who aids or abets in the commission of any of the offenses mentioned in the four preceding sections, or who, being present at or cognizant of the commission of either of such offenses, does not give information thereof as soon as practicable to the District Attorney or Grand Jury of the proper county, or to some Justice of the Peace of such county, is punishable by imprisonment in the County Jail for the period of six months, or in the State Prison not exceeding two years. NOTE.-Stats. 1863, p. 399, Sec. 1. |