violation of this section shall be deemed a misdemeanor. 209.

['96, p. 154; '97, p.

898. Intimidating or obstructing voter. Influencing employee's vote. It shall be unlawful for any person, directly or indirectly, by himself or any other person in his behalf, to make use of any force, violence, or restraint, or to inflict or threaten the infliction by himself or through any other person, of an injury, damage, harm, or loss, or in any manner to practice intimidation upon or against any person in order to induce or compel such person to vote or refrain from voting for any particular person or persons, measure or measures, at any election provided by law, or on account of such person having voted or refrained from voting at any such election. And it shall be unlawful for any person, by abduction, duress, or any forcible or fraudulent device or contrivance whatever, to impede, prevent, or otherwise interfere with the free exercise of the elective franchise of any voter, either to give or refrain from giving his vote at any such election, or to give or refrain from giving his vote for any particular person at any such election. It shall be unlawful for any employer, either corporation, association, company, firm, or person in paying its, their, or his employees the salary or wages due them, to inclose their pay in "pay envelopes" on which there is written or printed any political mottoes, devices, or arguments, containing threats, express or implied, intended or calculated to influence the political opinion, views, or action of such employees. Nor shall it be lawful for any employer, either corporation, association, company, firm, or person, within ninety days of any election provided by law, to put up or otherwise exhibit in its, their, or his factory, workshop, mine, mill, boarding house, office, or other establishment or place where its, their, or his employees may be working or be present in the course of such employment, any hand bill, notice, or placard, containing any threat, notice, or information, that in case any particular ticket or candidate shall or shall not be elected, work in its, their, or his establishment shall cease in whole or in part, or its, their, or his establishment be closed, or the wages of its, their, or his workmen be reduced; or other threats, expressed or implied, intended or calculated to influence the political opinions or actions of its, their, or his employees. Any person or persons, or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and any person, whether acting in his individual capacity or as an officer or agent of any corporation, so guilty of such misdemeanor shall be punished as hereinafter prescribed. [96, pp. 154-5; '97, pp. 209-10.

899. Influencing vote of employee. It shall be unlawful for any corporation or any officer or agent of any corporation to influence or attempt to influence, by force, violence, or restraint, or by inflicting or threatening to inflict any injury, damage, harm, or loss, or by discharging from employment or promoting in employment, or by intimidation, or otherwise in any manner whatever to induce or compel any employee to vote or refrain from voting at any election provided by law, or to vote or refrain from voting for any particular person or persons, measure or measures, at any such election. Any such corporation, or any officer or agent of such corporation, violating any of the provisions of this section shall be deemed guilty of a misdemeanor and be subject to the penalty hereinafter provided, and in addition thereto, any corporation violating this section shall forfeit its charter and right to do business in this state. ['96, p. 155; '97, p. 210.

Political control of employees forbidden, Con. art. 16, sec. 3.

900. Forging election returns. Fraud. Every person who forges or counterfeits any return of any election purporting to have been held at any district in this state, where no election was in fact held, or wilfully substitutes any forged or counterfeit return of election in the place of the true return for a district where any election was actually held, or who shall in any manner do or cause any fraud in any election, is punishable by imprisonment in the state prison for a term of not less than two nor more than ten years. [C. L. § 4767*; '97, p. 210.

901. Altering returns. Every person who wilfully 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. [C. L. § 4768; '97, p. 211.

902. Abetting, in forging, or altering returns. Every person who wilfully aids or abets in the commission of any of the offenses mentioned in the two next preceding sections, is punishable by imprisonment in the state prison for a period not exceeding two years. [C. L. § 4769*; '97, p. 211.

903. Exposing ballot. Interfering with voter at poll, etc. A voter who shall, except as in chapter four of this title otherwise provided, allow his ballot to be seen by any other person, with an apparent intention of letting it be known how he is about to vote, or who shall make a false statement as to his inability to mark his ballot, or any person who shall interfere, or attempt to interfere, with any person when inside said inclosed space, or when marking a ballot, or who shall endeavor to induce any such voter to vote or to show how he marked his ballot, shall be punished by a fine of not less than five nor more than one hundred dollars. Any election judge or clerk shall report any person doing so to the county attorney for the county in which the election is held, whose duty it shall be to see that the offender is forthwith prosecuted before the ['96, p. 207*; '97, p. 211.

proper court.

904. Destroying, instruction cards, supplies, etc. Any person who shall, prior to an election, wilfully deface or destroy any list of candidates posted in accordance with the provisions of this title, or who, during an election, shall wilfully deface, tear down, remove, or destroy any card of instruction or sample ballot, printed or posted for the instruction of voters, or who shall during an election wilfully remove or destroy any of the supplies or conveniences furnished to enable a voter to prepare his ballot, or shall wilfully hinder the voting of others, shall be punished by fine of not less than five nor more than one hundred dollars, or by imprisonment in the county jail not exceeding three months, or by both such fine and imprisonment. ['96, p. 207; '97, p. 211.

905. Destroying certificate of nomination, etc. Examining or marking ballots, etc. Any person who shall falsely mark or wilfully deface or destroy any certificate of nomination, or any part thereof, or any letter of declination, or resignation, or file any certificate of nomination or letter of declination, or resignation, knowing the same or any part thereof to be falsely made, or suppress any certificate of nomination, or letter of declination, or resignation or any part thereof, which has been duly filed; or forge any letter of declination, or resignation, or falsely make the official indorsement on any ballot, or wilfully destroy or deface any ballot, or wilfully delay the delivery of any ballots, or shall examine any ballot offered or cast at the polls or found in any ballot box for any purpose other than to ascertain what candidate was elected, or who makes or places any mark or device on any ballot with the view to ascertain the name of any person for whom the elector has voted, shall be punished by fine not exceeding one thousand dollars, or by imprisonment in the county jail for not more than one year, or both such fine and imprisonment. ['96, pp. 207-8*; '97, pp. 211-12.

906. Penalty for destroying or concealing ballots. Any person or officer having charge of such official ballots who shall destroy, suppress, or conceal them, except as in this title permitted, shall be guilty of a felony, and upon conviction thereof, shall be punished by imprisonment in the state prison for not less than one year nor more than five years. ['96, p. 208; '97, p. 212.

907. Failure to deliver ballots and election returns. Any person or officer who has undertaken to deliver official ballots to any election district, city, town, precinct, or county officer of election, who neglects or refuses to do so, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished

by imprisonment in the county jail for not less than six months nor more than one year, or by a fine of not less than two hundred and fifty dollars and not more than one thousand dollars, or by both such fine and imprisonment. The failure to deliver election returns and ballots by any person who has undertaken to do so shall be deemed a felony and shall be punishable as hereinafter provided. ['96, p. 208*; '97, p. 212.

908. Revealing how elector voted. Any election officer or watcher who shall reveal to any other person the name of any candidate for whom the voter has voted, or who shall communicate to another his opinion, belief, or impression as to how or for whom a voter has voted, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by imprisonment in the county jail for not less than six months nor more than one year, or by fine of not less than two hundred and fifty dollars nor more than one thousand dollars, or by both such fine and imprisonment. ['96, p. 208; '97, p. 212.

909. Electioneering at polling place. Removing, showing, or marking ballot, etc. No person shall do any electioneering on election day within any polling place or in any public street or room, or in a public manner within one hundred feet of any polling place. No person shall remove any official ballot from the polling place before the closing of the polls. No person shall show his ballot after it is prepared for voting to any person in such a way as to reveal its contents, nor shall any person solicit the voter to show the same. No person, except a judge of election, shall receive from any voter a ballot prepared for voting. No voter shall receive an official ballot from any other person than one of the judges of election having charge of the ballots, nor shall any person other than such election officer deliver an official ballot to such voter. No voter shall place any mark upon his ballot, by means of which it can be identified as the one voted by him. Every voter who does not vote or deliver in the manner hereinbefore provided any ballot received by him from the election officers, shall, before leaving the polling place or going outside the guard rail, return each such ballot to the officer from whom he received the same. Whoever shall violate any provision of this section shall be deemed guilty of a misdemeanor. But nothing herein contained shall prevent any person from receiving, delivering, and voting an unofficial ballot in the contingency hereinbefore provided for. ['96, pp. 208–9*; '97, p. 213.

910. Voter may leave employment to vote. Refusing employee time to vote. Any person entitled to a vote at a general election held within this state, shall, on the day of such election, be entitled to absent himself from any employment in which he is then engaged or employed for a period of two hours between the time of opening and the time of closing the polls, and any such absence shall not be sufficient reason for the discharge of any such person from such service or employment, and such voter shall not, because of so absenting himself, be liable to any penalty, nor shall any deduction be made on account of such absence, from his usual salary or wages except when such employee is employed and paid by the hour; provided, that application shall be made for such leave of absence prior to the day of election. The employer may specify the hours during which such employee may absent himself as aforesaid. Any person or corporation who shall refuse to his or its employees the privilege hereby conferred, or who shall subject an employee to a penalty or reduction of wages because of the exercise of such privilege, or who shall, directly or indirectly violate the provisions of this title shall be deemed guilty of a misdemeanor. ['96, pp. 209-10; '97, pp. 213-14.

911. Using liquor at polling place. Saloons. It shall be unlawful for any person or any election judge, to introduce into any polling place, or to use therein, or to offer to any one for use therein, at any time while any election is in progress or the result thereof being ascertained by the counting of the ballots, any intoxicating, malt, spirituous, or vinous liquors. It shall be unlawful

for any officer or board of officers of any county, city, or town, who may at any time be charged with the duty of designating polling places for the holding of any general or special election therein, to select therefor a saloon or room within the distance of fifty feet, measured in a direct line, of any saloon or other place where any intoxicating, malt, vinous, or spirituous liquors are sold, to be drunk where sold. ['96, p. 210; '97, p. 214.

912. General penalty. Forfeiture of right to vote. Offender a competent witness. All acts, omissions, and neglects of any person, official, or corporation, made an offense by the provisions of this title, and the punishment for which is not expressly designated, shall be punished by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment, and shall also forfeit the right to vote at such election; and any elector whose right to vote shall be challenged for such cause shall be required to swear or affirm that the matter of the challenge is untrue, before his vote shall be received. Any person so offending against any provision of this title is a competent witness against any other person so offending, and may be compelled to attend and testify upon any trial, hearing, proceeding, or investigation in the same manner as any other person. But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying except for perjury in giving such testimony. A person so testifying shall not thereafter be liable to indictment, prosecution, or punishment for the offense with reference to which his testimony was given, and may plead or prove the giving of testimony accordingly, in bar of such indictment or prosecution. [C. L. $267; '96, pp. 157, 210-11; '97, p. 214.

913. Chapter applicable to all elections. The provisions of this chapter shall extend, so far as applicable, to all elections provided by law, special, general, municipal, or school. ['96, p. 157; '97, p. 214.

CHAPTER 9.

ELECTION CONTESTS.

914. Grounds for contest of election, location of county seat, etc. The election of any person to any public office, the location or relocation of a county seat, or any proposition submitted to a vote of the people, may be contested: 1. For malconduct, fraud, or corruption on the part of the judges of election at any polling place, or of any board of canvassers, or any member of either board, sufficient to change the result. 2. When the incumbent was

not eligible to the office at the time of the election. 3. When the incumbent has given or offered to any elector or any judge or canvasser of the election, any bribe or reward in money, property, or anything of value, for the purpose of procuring his election, or has committed any other offense against the elective franchise defined by law. 4. When illegal votes have been received, or legal votes have been rejected at the polls sufficient to change the result. 5. For any error of any board of canvassers or of the judges of election in counting the votes or declaring the result of the election, if the error would change the result. 6. For any other cause which shows that another person was legally elected. The term incumbent in this section means the person whom the canvassers declare elected. ['97, p. 215.

Where the court is able to purge the vote at a particular poll of the illegal votes cast, and it does not appear that the officers at the poll or the contestee of the election participated in the fraud or knew of it, the vote of the whole poll should not be rejected, but effect should be given to the unimpeached votes. Ferguson v. Allen, 7 U. 263; 26 P. 570. Where the registration officer, under section

246, C. L. 1888, after a hearing, has found that certain persons are not qualified voters, and certified such names to the election judges, who have stricken such names from the registration list, even though the judgment of such registration officer was erroneous and illegal, and the persons whose names are so stricken off on election day have offered their ballots, which were rejected by

the judges of election because their names were not on the voting lists; held, that such votes so offered could not be counted because they were not cast. Id. Ballots not cast cannot be counted, whatever the reason of the rejection, but, if cast, and by mistake placed in the wrong box, they should be counted in the result. Young v. Deming, 9 U. 204; 33 P. 818. Where ballots that should have been counted were rejected in such numbers that, if cast for the contestant, they would have

changed the result, but the evidence is uncertain as to which candidate received the ballots, the return of the judges of election will not be disturbed. Id.

Burden is on defendant to show title. Peo. v. Clayton, 4 U. 421; 11 P. 206. If defendant shows no title, he cannot dispute claimant's title; court may proceed ex parte. Id. Defendant must show title de jure. State, ex rel. Weber, v. Beardsley, 13 U. 502; 45 P. 569.

915. Irregularity not a basis of contest. Exception. No irregularity or improper conduct in the proceedings of the judges or any of them, is such malconduct as avoids an election, unless the irregularity or improper conduct is such as to procure the person whose right to the office is contested to be declared elected when he had not received the highest number of legal votes. C. L. $ 3751; '97, p. 215.

Provisions liberally construed, 793. Highest number of votes elects, ?? 786, 874.

916. Election set aside for malconduct only when result changed. When any election held for an office exercised in and for a county is contested on account of any malconduct on the part of a judge or the judges of any election district, the election cannot be annulled and set aside upon any proof thereof, unless the rejection of the vote of such district or districts would change the result as to such office in the remaining vote of the county. [C. L. $3752; '97, p. 215.

Immaterial defects in returns, ? 880.

Where it does not appear whether the rejection of the vote of such precinct would change the

result, the election will not be annulled. Furguson v. Allen, 7 U. 263; 26 P. 570. Young v. Deming, 9 U. 204; 33 P. 818.

917. Contest to be filed within forty days. Statement. When an elector contests the right of any person declared elected to such office, he must within forty days after the return day of the election, file with the clerk of the district court of the county within or for which such office is to be exercised, a written statement, setting forth specifically: 1. The name of the party contesting such election, and that he is an elector of the county, precinct, city, school district, or of any subdivision of either, as the case may be, in which the election was held. 2. The name of the person whose right to the office is contested. 3. The office. 4. The particular grounds of such contest, which statement must be verified by the affidavit of the contesting party, that the matters and things therein contained are true, except as to those matters therein stated upon his information or belief, and that as to those matters he believes it to be true. [C. L. $3754*: '90, p. 72; '97, pp. 215–16.

918. Id. Sufficiency of statement. Names of witnesses to be given, when. When the reception of illegal votes or the rejection of legal votes is alleged as a cause of contest, it is sufficient to state generally, that in one or more specified districts or polls illegal votes were given to the person whose election is contested, which, if taken from him, would reduce the number of his legal votes below the number of legal votes given to some other person for the same office; or that legal votes for another person were rejected, which, if counted, would raise the number of legal votes for such person above the number of legal votes cast for the person whose election is contested; but no testimony can be received of any such votes, unless the party contesting such election deliver to the opposite party, at least three days before such trial, a written list of the number thereof, and by whom given or offered, which he intends to prove on such trial; and no testimony can be received of any such votes except such as are specified in such list. [C. L. § 3755*; '97, p. 216.

919. Statement not rejected nor proceeding dismissed for want of form. No statement of the grounds of contest will be rejected, nor the proceedings dismissed by any court for want of form, if the grounds of contest are alleged with such certainty as will advise the defendant of the particular proceeding or cause for which such election is contested. [C. L. § 3756*; '97, p. 216. Provisions liberally construed, 793.