TITLE V. OF CRIMES AGAINST THE ELECTIVE FRANCHISE. Section 41. 41a. Misdemeanors at political caucuses and conventions. 41b. Mutilation, destruction or loss of registry list. 41c. Misconduct of registry officers. 41e. 41f. 41g. 41h. 41i. 41j. 41k. Removal, mutilation or destruction of election booths, supplies, poll-lists, or cards of instruction. Refusal to permit employes to attend election.. Misconduct in relation to certificates of nomination and official ballots. Failure to deliver official ballots. Misconduct of election officers and watchers. Misdemeanors in relation to elections. Voting by inhabitant of another state or country. 41m False returns. 41n. Furnishing money or entertainment to induce attendance at polls. 410. Giving considerations for franchise. 41p. Receiving consideration for franchise. 41q. Testimony upon prosecution. 41r. Bribery or intimidation of elector in military service of United States. 41s. Duress and intimidation of voters. Unlawful means prohibited. 41t. 41u. Political assessments. 41v. Corrupt use of position or authority. 41x. 41w. Failure to file candidate's statement of expenses. Procuring fraudulent certificates in order to vote. 41y. Presenting fraudulent certificates to registry boards. 41z. Soliciting from candidates. 41zz. Punishment. 41aa. Misdemeanor concerning police commissioners, etc. § 41. [am'd 1898.] Misdemeanors at, or in connection with, political caucuses, primary elections, enrollment in political parties, committees. and conventions. Any person who: 1. At a political caucus, or at a primary election of a party willfully votes, or attempts to vote, without being entitled to do so, or votes, or attempts to vote, on any name other than his own, or on the same day more than once on his own name; or 2. Votes, or offers to vote, at a political caucus or at a primary election of a party, having voted at the political caucus or primary election of any other political party on the same day, or being at the time enrolled in a party other than the party at whose primary he votes or offers to vote; or 3. At a political caucus, or at a primary election, for the purpose of affecting the result thereof, votes or attempts to vote two or more ballots, or adds, or attempts to add, any ballot to those lawfully cast, by fraudulently introducing the same into the ballot box before or after the ballots therein have been counted, or who adds to or mixes with, or attempts to add to or mix with, the ballots lawfully cast, another ballot or other ballots before the votes have been counted or canvassed, or while the votes are being counted or canvassed; or at any time abstracts any ballots lawfully cast, with intent to change the result of such election or to change the count thereat in favor of or against any person voted for at such election, or to prevent the ballots being recounted or used as evidence; or carries away, destroys, loses, conceals, detains, secretes, or mutilates, or attempts to carry away, destroy, conceal, detain, secrete, or mutilate, any tally lists, ballots, ballot boxes, enrollment books, certificates of return, or any official documents provided for by the primary election law or otherwise by law, for the purpose of affecting or invalidating the result of such election, or of destroying evidence; or in any manner interferes with the officers holding any primary election or conducting the canvass of the votes cast thereat, or with voters lawfully exercising, or seeking to exercise, their right of voting at such primary election; or 4. For the purpose of securing enrollment as a member of a political party, or for the purpose of being allowed to vote at a primary election as a member of a political party, makes and deposits or files, or makes, deposits or files with a board of primary inspectors, or with any public officer or board, a false declaration of party affiliation or wilfully makes a false declaration of residence, either by an enrollment blank or otherwise, or falsely answers any pertinent question acked him by the board of primary inspectors, or the board of election inspectors or by a member thereof; or knowingly, on any day of registration or in the interval between any such day and the next ensuing day of general election, reveals or discloses the names or number of the enrolled electors of any party, or makes, publishes, or circulates a list of such names, or of any thereof, or does or permits any act by which the name of the party with which an elector has enrolled, or the number of electors enrolled with a party, may be disclosed; or 5. Fraudulently or wrongfully does any act tending to affect the result of any election at a political caucus or of any primary election or convention; or 6. Induces or attempts to induce any officer, teller, canvasser, poll clerk, primary election inspector, election inspector, custodian of primary records, or clerk or employee of or in the office of a custodian of primary records, at a political caucus, or primary election, or convention, or on any day of registration, or while discharging any duty or performing any act required or made necessary by the primary election law, to do any act in violation of his duty, or in violation of the election law or the primary election law; or 7. Directly or indirectly, by himself or through any other person, pays, or offers to pay, money or other valuable thing, or promises a place or position, or offers any other consideration or makes any other promise, to any person, to induce any voter or voters to vote, or refrain from voting, at a political caucus, primary election, or convention, for or against any particular person or persons; or does or offers to do, anything to hinder or delay any elector from taking part in, or voting at, a political caucus, or a primary election ; or 8. By menace or other unlawful or corrupt means, directly or indirectly, influences or attempts to influence, the vote of any person entitled to vote at a political caucus, primary election, or convention, or obstructs such person in voting, or prevents him from voting thereat; or 9. Directly, or indirectly, by himself or through any other person, receives money or other valuable thing, or a promise of a place or position, before, at, or after any political caucus, primary election, or convention, for voting or refraining from voting for or against any person, or for voting or refraining from voting at a political caucus, primary election, or convention; or 10. [am'd 1901.] Being an officer, teller, canvasser, primary inspector, at a political caucus, or at a primary election, knowingly permits any fraudulent vote to be cast, or knowingly receives and deposits in the ballot box any ballots offered by any person not qualified to vote; or permits the removal of ballots from the polling place before the close of the polls, or refuses to receive ballots intended for the electors of the district, or refuses to deliver to any elector ballots intended for the electors of the district which have been delivered to the board of inspectors, or permits electioneering within the polling place or within one hundred feet therefrom, or fails to keep order within the polling place, or permits any person other than the inspectors to accompany an elector into a voting booth, or enters the voting booth with any elector, except one entitled to receive assistance in the preparation of his ballot, or permits any person other than a voter, who has not voted, or watcher to come within the guard rail or removes or permits another to remove any mark placed upon a ballot for its identification, or 11. [am'd 1899.] Being an officer, custodian of primary records, clerk or employee of or in the office of a custodian of primary records, election inspector, primary inspector, or poll clerk, knowingly puts opposite the name of an elector in an enrollment book any enrollment number other than the number opposite such name on the registration books of such district, or knowingly delivers to or receives from any elector on any day of registration an enrollment blank or envelope on which is any other enrollment number than that so opposite his name on such books of registration, or knowingly transcribes from an enrollment blank to the enrollment books any refusal to enroll or enrollment not indicated on the enrollment blank of the elector of such district whose enrollment number appears on the same, or refuses or wilfully neglects to transcribe from any enrollment blank to the proper enrollment books any refusal to enroll or enrollment indicated on the enrollment blank of such an elector, enrolls or attempts to enroll as a member of a political party, upon any of the enrollment books, any person not qualified to enroll as such, or fraudulently enters thereupon the name of any person who has not enrolled as a member of any political party, or refuses or wilfully neglects to enroll upon any of the enrollment books the name of any qualified person who has demanded to be enrolled as a member of a political party, or at any time strikes from any of the enrollment books the name of any person duly enrolled. or at any time adds to any of the enrollment books the name of any person not qualified to be enrolled as a member of a political party, or the name of any person who in fact has not enrolled as such; or makes marks upon, mutilates, carries away, conceals, alters, or destroys any enrollment blank or enrollment envelope used or deposited by an elector on a day of registration for the purpose of enrolling or refusing to enroll himself as a member of a political party; or mutilates, carries away, conceals, alters, or destroys, any statement or declaration made by a qualified voter for the purpose of enrolling as a member of a party; or, prior to the close of the last meeting for registration in any year, mutilates, carries away, conceals, alters, or destroys any enrollment blanks or enrollment envelopes not then delivered to electors; or 12. [am'd 1899.] Being an officer, teller, canvasser, election inspector, primary inspector, custodian of primary records, clerk or employee of or in the office of a custodian of primary records, or any officer of a political committee or a convention, wilfully omits, refuses or neglects to do any act required by the primary election law or otherwise by law, or violates any of the provisions of the primary election law, or makes or attempts to make any false canvass of the ballots cast at a political caucus, primary election, or convention, or a false statement of the result of a canvass of the ballots cast thereat; or 13. Being a custodian of primary records, or an officer of a political committee, or of a convention, who is charged with, or assumes, the duty of making up the preliminary roll of any convention, wilfully includes in such roll the name of any person not certified to be elected thereto in accordance with the provisions of law, or who wilfully omits from such roll the name of any person who is so certified to be a delegate to such convention; Is guilty of a misdemeanor. § 41a. [am'd 1897, 1901.] False registration. Any person who: 1. Causes or attempts to cause his name to be placed upon any list or register of voters in more than one election district for the same election, or more than once in the same election district, or 2. Who causes or attempts to cause his name to be placed upon a list or register of voters knowing that he, will not be a qualified voter in the district at the election for which such list or register is made, or; who causes his name to be plated upon the rolls of a party organization of one party while his name is by his consent or procurement upon the rolls of a party organization of another party, or 3. Who registers or attempts to register as an elector under any other name than his own, or 4. Who knowingly gives a false residence within the election district when registering as an elector, or 5. Who knowingly permits, aids, assists, abets, procures, commands or advises another to commit any such act is guilty of a felony, punishable by (1) imprisonment in a state prison for not less than one year nor more than five years. § 41b. [added 1890, am'd 1892.] Mutilation, destruction or loss of registry list. Any person who willfully loses, destroys or mutilates the list or register of voters in any election district, or a certified copy thereof, after the making of the same and before the closing of the polls of the election for which the same is made, is guilty of a misdemeanor. § 41c. [am'd 1893.] Misconduct of registry officers. Any member or clerk of a registry board who willfully violates any provision of the election law relative to registration of electors or willfully neglects or refuses to perform any duty imposed on him by law, or is guilty of any fraud in the execution of the duties of his office, shall be punishable by imprisonment for not less than two and not more than ten years. § 41d. [added 1892, am'd 1892, 1901.] Failure of house-dwellers to answer inquiries. Any person dwelling in a building in a city who wilfully refuses to truly answer any question or who shall give false answers to any questions asked by any elector of such city, between the first meeting of the boards of registry therein for any election and the closing of the polls at such election, relating to the residence and qualifications as a voter of any person dwelling in such building, or of any person who appears upon the list or register of voters made by a board of registry as residing at such building, or who knowingly harbors or conceals any person who has falsely registered as a voter or who shall rent any room or rooms, bed or beds to any person to be used by such person for himself or any other person for the purpose of unlawfully registering or voting therefrom is guilty of a misdemeanor. § 41e. [added 1890, am'd 1892.] Removal, mutilation or destruction of election supplies, poll-lists or cards of instruction. Any person who, 1. During an election or town meeting, wilfully defaces or injures a voting booth or compartment, or wilfully removes or destroys any of the supplies or other conveniences placed in the voting booths or compartments in pursuance of law; or 2. Before the closing of the polls, willfully defaces or destroys any list of candidates to be voted for at such election or town meeting posted in accordance with the election law; or 3. During an election or town meeting, willfully removes or defaces the cards, for the instruction of voters, posted in accordance with the election law, is guilty of a misdemeanor. § 41f. [added 1890, am'd 1892.] Refusal to permit employes to attend election. A person or corporation who refuses to an employe entitled to vote at an election or town meeting, the privilege of attending thereat, as provided by the election law, or subjects such employe to a penalty or reduction of wages because of the exercise of such privilege, is guilty of a misdemeanor. § 41g. [added 1890, am'd 1892.] Misconduct in relation to certificates of nomination and official ballots. A person who, 1. Falsely makes or makes oath to, or fraudulently defaces or destroys, a certificate of nomination, or any part thereof; or 2. Files or receives for filing a certificate of nomination, knowing that any part thereof was falsely made; or 3. Suppresses a certificate of nomination which has been duly filed, or any part thereof; or 4. Forges or falsely makes the official indorsement of any ballot; or 5. Having charge of official ballots, destroys, conceals or suppresses them, except as provided by law, |