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Penal Provisions Relating to Elections.

CHAPTER 693, Laws of 1892.

AN ACT to amend the penal code.

APPROVED by the Governor May 18, 1892. Passed, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The several parts and sections of the penal code, corresponding to those hereinafter specified, are amended to read as follows, to take effect immediately:

TITLE V.

OF CRIMES AGAINST THE ELECTIVE FRANCHISE.

SZOTION 41. Misdemeanors at political caucuses and conventions. 41a. False registration.

41b. Mutilation, destruction or loss of registry list.

41c. Misconduct of registry officers.

41d. Failure of house dweller to answer inquiries.

41e. Removal, mutilation or destruction of election supplies, poll-lists or cards of instruction.

41f. Refusal to permit employes to attend election.

41g. Misconduct in relation to certificates of nomination and official ballots.

41h. Failure to deliver official ballots.

41i. Misconduct of election officers and watchers.

41j. Violation of election law by public officer.

41k. Misdemeanors in relation to elections.

411. Voting after conviction of infamous crime.

41m. Voting by inhabitant of another state or country.

41n. False returns.

410. Furnishing money or entertainment to induce attendance

at polls.

41p. Giving considerations for franchise.

SEOTION 41q. Receiving consideration for franchise.

41r. Testimony upon prosecution.

418. Bribery or intimidation of elector in military service of United States.

41t. Duress and intimidation of voters.

41u. Political assessments.

41v. Corrupt use of position or authority.

41w. Failure to file candidate's statement of expenses.

8 41. Misdemeanors at political caucuses and conventions.Any person who,

1. Votes or attempts to vote at a political caucus or convention without being entitled to do so; or

2. By bribery, menace or other corrupt means, directly or indirectly, attempts to influence the vote of any person entitled to vote at such caucus or convention, or obstructs such person in voting, or prevents him from voting thereat; or

3. Fraudulently and wrongfully does any act tending to effect the result of an election at such caucus or convention; or

4. Being an officer, teller or canvasser thereof, willfully omits, refuses or neglects to do any act required by the election law, or refuses to permit any person to do any act authorized thereby, or makes or attempts to make any false canvass of the ballots cast at such caucus or convention, or statement of the result of a canvass of the ballots cast thereat; or

5. Induces or attempts to induce any officer, teller or canvasser of such caucus or convention to do any act in violation of his duty;

Is guilty of a misdemeanor.

R. S., 458, L. 1882, ch. 154, §§ 1, 3.
Id.

462, L. 1887, ch. 265, §§ 17, 19.

$41a. False registration.-Any person who causes his name to be placed upon any list or register of voters in more than one election district for the same election, or upon a list or register of voters, knowing that he will not be qualified voter in the district at the election for which such

list or register is made, or aids or abets any such act, is punishable by imprisonment for not more than five years.

L. 1890, ch. 321, § 21.

§ 41b. 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.

L. 1890, ch. 321, § 21.

§ 41c. Misconduct of registry officers.-Any member or clerk of a registry board who willfully violates any provisions of the election law relating to the registration of electors, 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 nor more than ten years.

L. 1890, ch. 321, § 21.

§ 41d. Failure of house-dwellers to answer inquiries. Any person dwelling in a building in a city who willfully refuses to truly answer any question asked by an elector of such city, between the first meeting of the boards of registry therein for any election and the closing of the polls of 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, is guilty of a misdemeanor.

L. 1890, ch. 321, § 15.

§ 41e. Removal, mutilation or destruction of election supplies, poll-lists or cards of instruction.- Any person who,

1. During an election or town meeting, willfully 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. L. 1890, ch. 321, § 33.

8 41f. 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.

L. 1890, ch. 321, § 36.

841g. 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,

Is punishable by imprisonment for not less than one nor more than five years.

L. 1890, ch. 321, §§ 32, 34.

8 41h. Failure to deliver official ballots.-Any person who has undertaken to deliver official ballots to any city, town or village clerk, or inspector, as authorized by the election law, and neglects or refuses to do so, is guilty of a misdemeanor.

§ 41i. Misconduct of election officers and watchers.- Any election officer or watcher who,

1. Reveals to another person the name of any candidate for whom a voter has voted; or

2. Communicates to another person his opinion, belief or impression as to how or for whom a voter has voted; or

3. Places a mark upon a ballot or does any other act by which one ballot can be designated from another, is punishable by imprisonment for not less than six months, nor more than one year.

L. 1890, ch. 321, § 34.

41j. Violation of election law by public officer.—A public officer who omits, refuses or neglects to perform any act required of him by the election law, or refuses to permit the doing of any act authorized thereby, is, if not otherwise provided by law, punishable by imprisonment for not more than three years, or by a fine of not more than three thousand dollars, or both.

L. 1890, ch. 321, § 34.

R. S. 440, L. 1880, ch. 56, § 20.

841k. Misdemeanors in relation to elections.- Any person who,

1. Acts as an inspector of election, poll clerk or ballot clerk, without being able to read and write the English language, or without being otherwise qualified to hold such office; or

2. Being an inspector of election, knowingly and willfully permits or suffers any person to vote who is not entitled to vote thereat; or

3. Willfully and lawfully obstructs, hinders or delays, or aids or assists in obstructing or delaying any elector on his way to a polling place, or while he is attempting to vote; or

4. Electioneers on election day within a polling place, or in a public street or room, or in any public manner, within one hundred and fifty feet of a polling-place; or

5. Knowingly votes or offers to vote at any election, when not qualified therefor; or

6. Procures, aids, assists, counsels or advises any person to go or come into any town, ward, or election district, for the purpose of voting at an election, knowing that such person is not qualified; or

7. Votes or offers to vote at an election more than once, in an election district or place where he does not reside; or

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