any provision of this section by any person elected to such office shall render his election void, and if he has taken the office, upon conviction, shall operate as a vacation of the same.

See section 2347.

It is held that the mere Shanklin, 60 Ind. 424.

treating" of voters is not a criminal offense. Heilman v.

2329. (E. S. 321.) Seeking to influence voters.-3. Any person who shall give or offer to give, directly or indirectly, any money, property or other thing of value, to any elector to influence his vote at any regular election held in this state pursuant to law, or who shall, at any such election, solicit, furnish or receive any money or other means for such purpose, or who shall aid, advise, counsel or suggest to any person, or to persons generally, to use or procure any money or other means to be used to induce, hire, or buy any person or persons to vote or refrain from voting for any candidate or candidates or to remain away from the polls at any election, whether or not any such person shall act or attempt to act upon any such counsel, advice or suggestion, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in any sum not less than twenty-five dollars and not more than one hundred dollars, and imprisoned in the county jail not less than ten days nor more than six months, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period, not less than ten years, or imprisoned in the state's prison at hard labor not less than one nor more than five years, and disfranchised and rendered incapable of holding any office of profit or trust for the period aforesaid.

2330. (E. S. 322.) Influencing elector to refrain from voting.—4. Any person who shall directly or indirectly give, offer or promise to give to any elector any money, property or other thing of value for the purpose of preventing, influencing, inducing or procuring such elector to refrain from voting, or to remain away from the polls at any election held under the laws of this state, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than twenty-five dollars or more than five hundred dollars and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period, not less than ten years; to which may be added imprisonment in the county jail for any period not to exceed six months.

2331. (E. S. 323.) Ground of challenge-Affidavit.—5. At any election held under and pursuant to any law of this state, it shall be a ground of challenge that any person offering to vote has used or attempted to use money or other means to buy, hire, or induce any elector to vote or refrain from voting for any candidate or candidates, or has advised, counseled or suggested bribery of any elector or electors at any such election, whether the same has been acted on or not, or has sold or offered to sell his vote for any candidate or candidates, at any such election. And when so challenged, such elector shall not be permitted to vote until he has taken and subscribed the following: State

county, ss.: I,

do solemnly swear (or

of Indiana, affirm) that I have not used or attempted to use any money or other means to buy, hire or induce any person or persons to vote or refrain from voting or to remain away from the polls at this election; and that I have not counseled, advised, suggested or procured any person or persons to bribe any elector or electors to vote for any candidate or candidates, or to refrain from voting or to remain away from the polls at this election, and that I have not sold or offered to sell my vote, either directly or indirectly, at this election.

Subscribed and sworn to before me, this day of

18-.

2332. (E. S. 324.) False affidavit.-6. Whoever shall willfully or knowingly make a false affidavit under this act shall be guilty of perjury and punished accordingly. All affidavits made under the preceding sections shall be filed with the board of election and preserved by such board in the manner as other similar affidavits and papers are preserved.

Section 7 repeals sections 1, 2, 3 and 5 of the act of March, 1885, Acts 1885,

p. 93.

2333. (E. S. 326.) Breaking ballot-box-Altering returns.-S. Any person not duly authorized by law who shall, during the progress of any election in this state, or after the closing of the polls and before the ballots are counted and result ascertained, or within six months thereafter, break open or violate the seals or locks of any ballot-box, paper envelope or bag in which ballots have been deposited at or after such election, or who shall obtain possession of such ballot-box, paper envelope or bag containing such ballots, and cancel, withhold or destroy the same, or who shall fraudulently or forcibly add to or diminish the number of ballots legally deposited therein, or who shall fraudulently make any erasure or alteration of any kind upon any tallysheet, poll-book, list of voters or election return deposited therein, shall be fined in any sum not more than one thousand nor less than five hundred dollars, and imprisoned in the state prison not more than ten nor less than two years, and disfranchised and rendered incapable of holding any office of profit or trust in this state for any determinate period.

[1881 S., p. 174. In force September 19, 1881.]

2334. (2186.) Fraud by officer.-270. Whoever, being a township trustee, inspector, judge of election, or clerk of election, takes out of the ballot-box any ballot legally deposited therein, for the purpose of destroying the same or substituting another in its place, or after the same has been legally taken out, intentionally destroys or misplaces the same with the intent to substitute another ballot therefor, or with the intent to prevent the same from being counted at such election; or knowingly enters upon the poll-books the name of any person who has not legally voted at such election; or intentionally tallies any vote to any candidate not voted for by such ballot; or permits any one of these acts to be done,-shall be fined not more than one thousand dollars nor less than fifty dollars, imprisoned in the state

prison not more than five years nor less than one year, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

2335. (2187.) Altering returns.-271. Any township trustee, inspector, or any person acting for or on behalf of any trustee or inspector while forming a board of canvassers or before the canvassing of any board of canvassers or after the adjournment of any board of canvassers, who shall, with intent to cheat and defraud, alter any election return as made by the election board of any voting precinct, either by increasing the vote of any candidate or reducing the same; or shall intentionally destroy, misplace, or lose any poll-book or tallysheet; or any clerk of court, who shall, with intent to cheat and defraud, change or alter in any way the vote of any candidate as returned by the board of canvassers; or any such trustee, inspector, clerk, or deputy clerk, or other person acting for such persons, who shall consent to the same being done, or who shall permit the same to be done, shall be fined not more than one thousand dollars nor less than fifty dollars, imprisoned in the state prison not more than five years nor less than one year, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period. 2336. (2188.) Refusing to receive vote.-272. Whoever, being an inspector or judge of any election held within this state, knowingly and willfuly, or corruptly, refuses or neglects to receive the vote of any legal voter at any election held within this state, shall be fined not more than five hundred dollars nor less than fifty dollars, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

An indictment for refusing to receive a vote must show the purpose for which the election was held. Tipton v. State, 27 Ind. 492.

When a voter complies with the law regulating his right to vote, the officers of the election are liable for not receiving his vote unless he was not a legal voter. State v. Robb, 17 Ind. 536.

If a voter is challenged his vote may be rejected until he complies with the law relative to challenged voters. State v. Tuibell, 26 Ind. 264.

2337. (2189.) Officer persuading voter.-273. Whoever, being an inspector, judge, or clerk of an election, attempts to induce, by persuasion, menace, or reward, or promise thereof, any elector to vote for any person, shall be fined not more than one hundred dollars nor less than ten dollars.

2338. (2190.) Officer opening or marking ticket.-274. Whoever, being a judge, inspector, clerk, or other officer of an election, opens or marks, by folding or otherwise, any ticket presented by such elector at such election; or attempts to find out the names thereon; or suffers the same to be done by any other person, before such ticket is deposited in the ballot-box,-shall be fined in any sum not more than one hundred dollars nor less than ten dollars, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

2339. (2191.) Deceiving illiterate voter.-275. Whoever furnishes an elector who can not read the English language, at any election held pursuant to law, with a ticket which such person shall represent to such elector as containing a name different from the one printed or written thereon, shall be fined not more than one hundred dollars nor less than ten dollars, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

2340. (2192.) Defrauding voter.-276. Whoever fraudulently causes or attempts to cause any elector, at any election held pursuant to law in this state, to vote for any person different from the one he intended to vote for, shall be fined not more than one hundred dollars nor less than ten dollars.

2341. (2193.) Using violence, threats or restraint.-277. Whoever, for the purpose of influencing a voter, seeks, by violence or threats of violence or threats to enforce the payment of a debt; or to eject or threatens to eject from any house he may occupy; or begin a criminal prosecution; or to injure the business or trade of an elector; or, if an employer of laborers or an agent of such employer, threatens to withhold the wages of or to dismiss from service any laborer in his employment; or refuses to allow to any such employe time to attend at the place of election and vote,-shall be fined not more than one thousand dollars nor less than twenty dollars, imprisoned in the state prison not more than five years nor less than one year, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

2342. (2194.) Seizing ballot-box.-278. Whoever, at any election, unlawfully, either by force, fraud, or other improper means, obtains or attempts to obtain possession of any ballot-box or any ballots therein deposited, while the voting at such election is going on or before the ballots are duly taken out of such ballot-box and counted by the election board according to law, shall be fined not more than one thousand dollars nor less than fifty dollars, imprisoned in the state prison not more than five years nor less than one year, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

2343. (2195.) Destroying ballot-box or ballots.-279. Whoever unlawfully destroys or attempts to destroy any ballot-box used, or any ballot or vote deposited, or any poll-book kept at any election, shall be fined not more than one thousand dollars nor less than fifty dollars, imprisoned in the state prison not more than five years nor less than one year, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

2344. (2196.) Inducing voter to re-sign petition.-280. Whoever, by persuasion, menace, or reward, or promise thereof, induces or attempts to induce any legal voter of any county to re-sign any written or printed petition for the re-location of the county seat of any county or any remonstrance against such re-location, shall be fined not more than five hundred dollars nor less than ten dollars, to which may be

added imprisonment in the county jail not more than six months nor less than ten days, and he shall be disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

2345. (2197.) Selling signature to petition.-281. Whoever, being a legal voter of any county, sells or barters or offers to sell or barter for money, property, or thing of value, or for any promise or hope of reward, given or offered by any person, his signature to any written petition for the re-location of any county seat, or to any remonstrance against such re-location, shall be fined not more than five hundred dollars nor less than ten dollars, to which may be added imprisonment in the county jail not more than six months nor less than ten days, and he shall be disfranchised and rendered incapable of holding any office of trust or profit for any determinate period.

2346. (2198.) Fraud at special election.-282. Whoever votes more than once at any election for the re-location of any county-seat, or for aid to any railroad, either at the same precinct or at different precincts, shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined in any sum not more than fifty dollars nor less than ten dollars.

2347. (2199.) Buying vote at special election.-283. Whoever buys or offers to buy, either by himself or by any other person, or furnishes any money or any other means to be used, or who shall permit his money or other means to be used, to hire, buy, or induce any person to vote for or against the removal of a county seat, or for or against the appropriation of aid to any railroad; or whoever attempts to induce any person to vote for or against such removal or appropriation, by offering any reward or favor-shall be deemed guilty of a misdemeanor. And whoever, being a voter of this state, sells or barters or offers to sell or barter, for any money or property, or any thing of value, or any promise or hope of reward given or offered by any person or persons, his vote for the removal or for the re-location of a county seat, or against such removal or re-location, or against such appropriation or in favor of such appropriation for said railroad, shall be deemed guilty of a misdemeanor. And, upon conviction of violating any of the provisions of this section, the person so offending shall be fined in any sum not more than one hundred dollars nor less than twenty-five dollars, and disfranchised and rendered incapable of holding any office of trust or profit for any determinate period not exceeding five years.

2348. (2200.) Bribing to procure election.-284. Whoever gives or offers a bribe, threat or reward to procure his election to any office under the constitution or laws of this state, shall be fined not more than one thousand dollars nor less than fifty dollars, and imprisoned in the state prison not more than five years nor less than one year; and such person so offending, if elected to such office, shall be disqualified from holding office during the term for which he may have been elected, and also disfranchised for any determinate period. See elections, volume 3.