turn of votes, certificates, poll list, or any paper, document, or evidence of any description in this chapter directed to be made, filed, or preserved, who is guilty of stealing, willfully destroying, mutilating, defacing, falsifying, or fradulently removing or secreting the whole or any part thereof, or who shall fraudulently make an entry, erasure, or alteration therein, except as allowed and directed by the provisions of this chapter, or who permits any other person so to do, shall, upon the conviction thereof, be adjudged guilty of a felony, and shall be punished for each and every such offense by imprisonment in a state prison, not exceeding five years, and shall, in addition thereto, forfeit his office. SEC. 63. Every person not an officer, such as is same. mentioned in the last preceding section, or who is guilty of any of the acts specified in said section, or who advises, procures, or abets the commission of the same, or any of them, shall, upon conviction thereof, be adjudged guilty of a felony, and for each and every such offense shall be punished by imprisonment in a states prison, not exceeding five years. ing. SEC. 64. Any person who shall be convicted of False swearwillful and corrupt false swearing or affirming in taking an oath or affirmation prescribed by or upon any examination provided for in this chapter, or upon being challenged as unqualified upon offering to register or vote, shall be adjudged guilty of willful and corrupt perjury. Procuring per. SEC. 65. Every person who shall willfully and so to swear falsely. Furnishing fraudulent ballots. corruptly instigate, advise, induce, or procure any person to swear or affirm falsely, as aforesaid, or attempt or offer so to do, shall be adjudged guilty of subornation of perjury, and shall, upon conviction thereof, suffer the punishment directed by law in cases of willful and corrupt perjury. SEC. 66. If any person shall fraudulently change or alter the ballot of any elector, or substitute one ballot for another, or fraudulently furnish any elector with a ballot containing more than the proper number of names, or shall intentionally practice any fraud upon any elector to induce him to deposit a ballot as his vote, and to have the same thrown out and not counted or to have the same counted for a person or candidate other than the person or candidate for whom such elector intended to vote, or otherwise defraud him of his vote, every such person shall, on conviction thereof, be adjudged guilty of felony, and shall, if an inspector of election, poll clerk, or other officer of Punishment election, be punished with imprisonment in a state prison not less than two nor more than five years, and if not such an inspector, poll clerk, or other officer of election, shall be punished by imprisonment in a state prison for not less than one nor more than five years. for same. Criminals shall not attempt to vote. SEC. 67. If any person who shall have been convicted of bribery, felony, or other infamous crime under the laws of this state, shall thereafter vote or offer to vote at any election in this state, without having been pardoned and restored to all the rights of a citizen, he shall, upon conviction thereof, be adjudged guilty of a felony, and for each and every such offense, shall be punished by imprisonment in a state prison for not less than one nor more than three years. commands of a or. SEC. 68. If any person shall willfully disobey Disobeying any lawful command of any judge of election, or judge declared of any board of judges of election, given in the execution of his or their duty as such, at an election, he shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in a penitentiary for not less than thirty days nor more than one year, or by a fine of not less than two hundred and fifty nor more than one thousand dollars, or by both such fine and imprisonment. the free exer the this act de cast clared a felony. SEC. 69. If at any general registration of Obstructing voters, or revision thereof, or on any day of elec-provisions of tion, or during the canvass of the votes thereat, any person shall cause any breach of the peace or use any disorderly violence, or threats of violence, whereby any such registration, revision, election, or canvass shall be impeded or hindered, or whereby the lawful proceedings of any judges of election or board of judges of election, or poll clerk, or other officer of such election, or challenger, or person designated to be present at the canvass of any ballots, as herein before provided, are interfered with, every such person shall, upon conviction thereof, be adjudged guilty of a felony, and upon conviction thereof shall be punished by imprisonment in a state prison for not less than one year nor more than five years. Same. SEC. 70. If any person shall knowingly or willfully obstruct, hinder, assault or by bribery, solicitation, or otherwise interfere with any judges of election, poll clerk, challenger, or other person designated as provided in this chapter to be present at the canvass of any ballots, in the performance of any duty required of him, or which he may by law be authorized or permitted to perform; or if any person, by any of the means before mentioned or otherwise unlawfully, shall on the day of registration, revision of registration, or of election,hinder or prevent any judge of election, poll clerk, challenger or any person designated, as provided in this chapter, to be present at the canvass of ballots in his free attendance and presence at the place of registration or of election districts in and for which he is appointed or designated to serve, or in his full and free access and egress to and from any such place of registration, revision of registration, or of election; or to and from any room where any such registration, revision of registration, or election or canvass of votes, or of making any returns or certificates thereof, may be had, or shall molest, interfere with, remove or eject from any such place of registration, or polls of election, or of canvassing ballots cast thereat, or of making returns or certificate thereof, any such judge of election, poll clerk, challengers, or person designated, as provided in this chapter, to watch the canvass of any ballots, save as otherwise provided in this chapter, or shall unlawfully threaten, or attempt, or offer so to do, every such person shall be guilty of a misdemeanor, and on conviction thereof, shall be punished by imprisonment in a penitentiary for not less than six months nor more than one year, or shall be fined not less than five hundred nor more than two thousand dollars, or both. lect of judge, how punished. SEC. 71. Any judge of election who shall will- Willful negfully neglect, or when called on, shall willfully decline to exercise the powers conferred on him in this chapter for any of the purposes set forth in section fourteen of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall. be punished by imprisonment in a penitentiary for not less than thirty days nor more than one year, or by a fine of not less than two hundred and fifty nor more than one thousand dollars, (1,000.00) or by both such fine and imprisonment. SEC. 72. If any person shall, upon the day of Tampering any such election, or before the canvass of votes is completed, steal, or willfully break or destroy any ballot box used or intended to be used at such election, or shall willfully or fraudulently conceal, secrete, or remove any such box from the custody of the judges of election, or shall alter, deface, injure, destroy or conceal any ballot which has been deposited in any ballot box at such election, which has not been already counted and canvassed, or any poll list used or intended to be used at such election, or any report, return, certificate, or other evidence in this chapter required or provided for, shall, on conviction thereof, be adjudged guilty of a felony, and shall for each and every such offense, be punished by imprisonment in a state prison for not less than two nor more than five years. with ballot box or ballots declared a felony. |