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All acts must be done with the consent of majority of judges.

SEC. 73. If any election district, at any general registration of voters or revision thereof, or at any election hereafter held in any city governed by the provisions of this act, any judge of election or poll clerk shall knowingly or willfully admit any person to registration, or make any entry upon any register of voters or poll book, or receive any vote or proceed with the canvass of ballots, or shall consent thereto, unless a majority of all of the judges of election in said election district are present and concur, he shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not less than thirty nor more than sixty days, or fined not less than one hundred nor more than one thousand dollars, or by both such fine and imprisonment. No judge shall If any judge of election in any election district shall, without urgent necessity, absent himself from the place of registration or the polls in said district, upon any day of registration or election, whereby less than a majority of all the judges in such election district shall be present during the hours of registration, election, or canvass of ballots, he shall, upon conviction, be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not less than sixty days or more than six months, or shall be fined not less than five hundred nor more than one thousand dollars, or both.

willfully

absent himself from any meeting of the board.

County attor

Hey shall

SEC. 74. It is hereby made the especial duty of prosecute all the county attorney of any county in this state to immediately prosecute all complaints which may

complaints.

not suspend

be made of violation of any of the provisions of this chapter, or of the election laws of the state, to final judgment; and the court before which any conviction for such violation shall be had, shall not, in any case, suspend sentence or judgment for more Court shall than ten days; but no indictment for such violation sentence more shall be brought to trial unless the complainant (if any), if he can be found, shall have at least two days notice, in writing, from the said county attorney, of the day when he intends to try the same.

than ten days.

SEC. 75. It shall be unlawful for any judge of not electioneer. election, poll clerk, challenger, or person designated, as provided in this chapter, to be present at the canvass of any ballots in any district, during the election or canvass of ballots, to have or keep any ballots behind the boxes or within the polling place, or for them or any person or persons within the polling place to electioneer, distribute tickets or ballots, or engage in any political discussion. Any violation of this section shall be a misdemeanor, and shall be punished by imprisonment in the county jail for not less than ten or more than ninety days, or by a fine of not less than one hundred ($100.00) nor more than one thousand ($1000.00) dollars, or both.

bidden.

SEC. 76. Whoever, during the sitting of any Use of liquors board of judges of election in any election district in any city governed by the provisions of this act, whether held for the purposes of registration, revision of registration, reception or canvass of votes, or of making return thereof, shall bring, take, order, or send into, or shall cause to be taken,

Irregularities in election notice no defense to a prosecution.

Criminal acts

when voting

brought, ordered, or sent into, or shall attempt to bring, take, or send into any place of registration, or revision of registration, or of election, any distilled or spirituous liquors whatever, or shall at any such time and place drink or partake of any such liquor, shall be deemed and held to be guilty of a misdemeanor.

SEC. 77. Irregularities or defects in the mode of noticing, convening, holding, or conducting an election authorized by law shall constitute no defense to a prosecution for the violation of the provisions of this chapter.

SEC. 78. Every act which, by the provisions of on a question. this act or the general election laws, is made criminal when committed with reference to the election of a candidate is equally criminal when committed with reference to the determination of a question submitted to electors to be decided by votes cast at an election.

Evidence in favor of defendant.

Publication of
e.ection
notices and
official returns.

SEC. 79. Upon any prosecution for procuring, offering, or casting an illegal vote, the accused may give in evidence any fact tending to show that he honestly believed, upon good reason, that the vote complained of was a lawful one, and the jury may take such facts into consideration in determining whether the acts complained of were willfully done

or not.

SEC. 80. The boundaries of all election districts and the location of all places of registration, revision of registration, or polling-places shall be publicly advertised on the day preceding the first day of any general registration, or revision of reg

istration, and on each day of registration, revision of registration, or day of election, and on such day or days only. The official canvass, immediately upon its completion and declaration by the board of county canvassers, or if municipal election by the city council, shall be publicly advertised for one day only. All advertising provided for in this section shall be done in two daily newspapers only, published in the city, to be designated by the city council: and all matter advertised shall be prepared and furnished the journals in which it is to inserted free from unnecessary verbiage or repetition; and in the publication of any official canvass all numbers shall be printed in numerals only, and the statement or declaration shall be put in tabular form.

penses, how

SEC. 81. The legal compensation of all judges Election exof election and poll clerks and other officers of met. election, the cost and expenses of all necessary election notices, posters, maps, advertisements, registers, books, blanks, and stationery, the rent and cost of fitting up, warming, lighting, cleaning, and safe keeping of all places of registration, revision of registration, and polling places, of furnishing, repairing, and carting ballot boxes, and of all supplies of every kind and nature for all elections in any county shall be a city charge, and shall, upon proper certificates and vouchers, be paid in the same manner as by law provided for the payment of other county expenses. Excepting, however, that the costs and expenses of a municipal election shall be a city charge, payable as provided by law.

Repealing clause.

SEC. 82. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

Approved April 4, 1887.

CHAPTER 40.

Illegal voting at primary election.

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AN ACT to protect Primary Elections and Conventions of Political
Parties and punish offenses committed thereat.

Be it enacted by the Legislature of the State of Nebraska:

SECTION 1. If at any political primary election, held by any political party, organization or association in the state, any individual shall falsely personate and vote under the name of any other person, or shall intentionally vote without the right to do so, or shall willfully and wrongfully obstruct and prevent others from voting who have the right to do so at such primary, or shall fraudulently and wrongfully deposit ballots in the ballot box, or take them therefrom, or shall commit any other fraud or wrong, tending to defeat or affect the re

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