ment, shall for each offence be punished by a fine not exceeding three hundred dollars or by imprisonment in the house of correction not exceeding six months. registrars. SECT. 42. Any registrar who shall refuse or wilfully neglect Penalty, on to require any applicant for registration to read at least three lines, other than the title, from some official edition of the constitution, in such manner as to show that he is neither prompted nor reciting from memory, or to require such applicant to write his name in the register, unless he is prevented by physical disability from so doing, or to announce the name of the applicant in a clear, audible and distinct tone of voice before entering his name upon the register, or who knowingly shall prevent or seek to prevent the registration of any legal voter, or who knowingly shall register the name of any person not qualified to vote, or who shall be guilty of any fraud or corrupt conduct in the execution of the duties of his office, shall for each offence be punished by a fine not exceeding three hundred dollars or by imprisonment in the house of correction not exceeding six months. SECT. 43. Any city or town officer who shall wilfully neglect or refuse to perform any duty required of him by law in matters relating to the registration of voters, shall for each offence be punished by a fine not exceeding three hundred dollars or by imprisonment in the house of correction not exceeding six months. on city or town officer. for false affidavit, oath or certificate, in- SECT. 44. Any person who knowingly or wilfully shall make a false affidavit or take a false oath or sign a false certificate regarding the qualifications of any person for assessment or registration, or shall injure or deface any list of voters or supervisor, etc. any notice relating to the registration of voters posted in any city or town, or shall prevent or interfere with, or aid or abet any person in preventing or interfering with any supervisor of registration in the discharge of his duty, shall for each offence be punished by a fine not exceeding three hundred dollars or by imprisonment in the jail or house of correction not exceeding one year. when not quali representation SECT. 45. Any person who shall cause his name to be regis-for registering tered, knowing that he is not a qualified voter in the place where fied, for false so registered, or shall falsely represent, or attempt to represent himself as another person before any registrar or assistant registrar, or shall give a false answer to any registrar or assistant or false answer, abetting, etc. for aiding or Penalty, for refusal or neglect to give true name information to assessors. registrar concerning any matter relating to the registration of a voter, or the right of any person to vote, or shall aid or abet any other person in doing either of the acts above-mentioned, shall for each offence be punished by a fine not exceeding three hundred dollars and by imprisonment in the jail or house of correction not exceeding one year. SECT. 46. Any inmate of a building liable to be assessed for a poll tax, who shall refuse or neglect to give his true name or full and true when inquired thereof by any assessor or assistant assessor, and any owner or occupant of a building who shall refuse or neglect to give the full and true information within his knowledge relating to all persons residing in such building, when inquired thereof by any assessor or assistant assessor, shall for each offence be punished by a fine not exceeding one hundred dollars or by imprisonment in the house of correction not exceeding three months; and any person who shall knowingly give to an assessor or assistant assessor, for the purpose of the assessment of a poll tax, the name of any person as a resident of a build-. ing who is not a resident therein, shall be punished for each offence by fine not exceeding three hundred dollars or by imprisonment in the jail or house of correction not exceeding one year. for giving name of nonresident to assessors. for refusal, disorderly conduct, etc., at registration. Repeal. SECT. 47. Any person who shall refuse to obey the lawful orders or directions of any registrar or assistant registrar, or shall interrupt or disturb the proceedings at any registration, shall be arrested, detained in custody and taken before the court, and shall for each offence be punished by a fine not exceeding fifty dollars. SECT. 48. Sections fifty-seven and fifty-eight of chapter four hundred and forty-eight of the acts of the year eighteen hundred and fifty-four, section one of chapter three hundred and thirtyseven of the acts of the year eighteen hundred and eightynine, sections two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, twenty-three, twenty-four, twenty-five, twenty-six, twentyseven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty-four, thirty-five, thirty-six, thirty-seven, thirty-eight, thirty-nine, forty, forty-one, forty-two, fortythree, forty-four, forty-five, forty-six, forty-seven, forty-eight, forty-nine, fifty, fifty-one, fifty-two, fifty-three, fifty-four, fiftyfive, fifty-seven, fifty-eight, sixty, sixty-one, sixty-two, sixtythree, sixty-four, sixty-five and two hundred and eight of chapter four hundred and twenty-three of the acts of the year Repeal. eighteen hundred and ninety, chapters two hundred and fortytwo, two hundred and seventy-seven, two hundred and eightysix and two hundred and ninety of the acts of the year eighteen hundred and ninety-one, and all acts and parts of acts inconsistent herewith are hereby repealed, and this act shall apply to Applicable to all cities or towns, anything in any special act to the contrary towns. notwithstanding. SECT. 49. This act shall take effect upon its passage. all cities and Approved June 8, 1892. CHAPTER 368. AN ACT TO PREVENT THE FRAUDULENT MARKING OF BALLOTS Be it enacted, etc., as follows: fraudulent ballots. 1 1 Any voter who shall place any distinguishing mark on his Penalty for the ballot shall be punished by fine not exceeding one hundred marking of dollars or by imprisonment in the jail not exceeding six months, or by both such fine and such imprisonment; and any person who shall place any mark against any name on any ballot not cast by himself, or who shall place any distinguishing mark on any such ballot except as authorized by law, shall be punished by fine not exceeding one thousand dollars and by imprisonment in the jail not exceeding three years. Approved June 11, 1892. CHAPTER 405. AN ACT RELATIVE TO COUNTING BALLOTS WHEN VOTING IS IN Be it enacted, etc., as follows: PROGRESS. amended. Section eighty-nine of chapter four hundred and twenty-three 1890, 423, § 89 of the acts of the year eighteen hundred and ninety is hereby amended by striking out the words "not divided into voting precincts and ", in the twenty-sixth and twenty-seventh lines of said section, and inserting in place thereof the words: - and precincts of towns, and by inserting after the word "selectmen", in the thirtieth line, the words: or moderator, also by inserting after the word "clerk ", in the same line, the 1 See 1889, 413. Ballot boxes, to be sent to elec tion officers before the opening of the polls. to be examined at the opening of the polls; record of made; key to be kept by police officer. words of said towns or of the election officers of said preso as to read as follows: :- - Section 89. City and town clerks shall send to the election officers of each precinct or town before the opening of the polls on the day of any state or city election, or meeting at which such ballot box is required by law to be used, the ballot box furnished by the secretary of the Commonwealth, with such ballot box seals and other ballot boxes as may be approved by the board of aldermen or selectmen, as the case may be. At the opening of the polls in each precinct or town, and before any ballots are received, the ballot condition to be box shall be publicly opened and shown to be empty, and the election officers shall, by personal examination, ascertain that the same is empty, after which the box shall immediately be locked or fastened, a record of the condition of the box register made by the clerk, and the key taken, if one be used, and retained by the constable or police officer in attendance at said precinct. The ballot box shall not be removed from the public view, after it is so shown to be empty, until all ballots have been removed therefrom and the box has been relocked or sealed. No ballot shall be removed from the ballot box in any precinct or town while the polls are open, and the box shall not be opened except that, in order to make room for the deposit of all ballots, the warden may, in the presence of all the election officers, open may be taken the box and pack and press down the ballots therein. In towns and precincts of towns having more than six hundred voters, the town precincts ballot box may be opened and ballots taken therefrom and to be in view and locked while polls are open. Ballots, may be packed and pressed down. from box and counted in towns and of more than six hundred voters. Wardens to have charge of ballot boxes and seals; to clerk. 1 counted whenever in the unanimous judgment of the selectmen, or moderator, and town clerk of said towns, or of the electior officers of said precincts, it is necessary or advisable so to do. The wardens of each precinct shall have charge of the ballot boxes and ballot box seals, and shall, at the close of each elecreturn them to tion, return the same, either personally or by the hand of the police officer or constable in attendance at the precinct, to the Precinct clerks, city or town clerk. The clerk of each city and of each town divided into voting precincts, respectively, shall furnish to the clerks of the several precincts a seal of suitable device, the design for which shall include the number or designation of the precinct for which it is furnished; and said seal shall be used in sealing to return seal the envelopes as required by law at any election. The precinct clerk shall retain the custody of the precinct seal, and he shall, to be furnished with seal for sealing up envelopes. and records, etc. 1 See 1890, 423, § 95; 1891, 428; 1892, 431. at the end of the term for which he was appointed or whenever he ceases to hold said office, deliver the same, together with the records of the precinct and other documents, to the city or town clerk. Approved June 16, 1892. CHAPTER 406. AN ACT RELATING TO THE BALLOT LAW COMMISSION. Be it enacted, etc., as follows: Commission, to tions, etc., to state nomina tions. appointments, SECTION 1. Objections and other questions arising, in accord- Ballot Law ance with the provisions of section seven of chapter four hun- consider objecdred and thirteen of the acts of the year eighteen hundred and eighty-nine, in the case of nominations of state officers, shall be considered by a board to be called the Ballot Law Commission, consisting of the secretary of the Commonwealth, the attorney- members, general, and three other persons who shall be appointed by the terms. governor with the advice and consent of the council, in the month of June or July of each year, from different political parties, and shall hold office for terms of one year beginning with the first day of August; and any vacancy occurring in their number shall be filled by appointment in the same manner for the remainder of the unexpired term. The members so appointed shall be paid such compensation for their services, members. not exceeding three hundred dollars each per year, as the governor and council may determine. The board shall have authority judicial to summon and administer oaths to witnesses, which summons may be signed or oath administered by any member of the board, and to require the production of books and papers at the hearing before them of any matter within their jurisdiction; and such witnesses shall be summoned in the same manner, be paid the penalties. same fees, and be subject to the same penalties for default as witnesses before the general court. The decision of a majority of the board shall be final. compensation of appointed powers, etc. witnesses, summons, fees, decision of majority to be final. SECT. 2. The amount to be expended under this act shall not Annual expenexceed fifteen hundred dollars in any one year. diture not to exceed $1,500. SECT. 3. Section five of chapter four hundred and thirty-six Repeal of 1890, of the acts of the year eighteen hundred and ninety is hereby repealed. SECT. 4. This act shall take effect upon its passage. 436, § 5. |