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LAWS AND RESOLUTIONS

OP THE

THIRD SESSION.
T

CHAPTER I.

ELECTION FRA UDS.

AN ACT for the Prevention and Punishment of Election Frauds.

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Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows:

more SECTION 1. If any person who is not a bona fide inhabitant of than oncommon this Territory, shall vote at any election held under law, or under any election to any semblance or pretence of law, or if any person shall vote more than once at the same election, at the same place, or at different places, he shall be deemed guilty of felony; and upon conviction thereof, shall be punished by imprisonment and hard Punishment. labor for a term not less than one year, nor more than two years. SEC. 2. Any person or persons whatsoever, who may be charged Persons bold

. with holding any election in this Territory, authorized by law, or their responsi:

, held under any semblance or pretence of law, who shall wilfully bilities, &o. and knowingly receive any vote offered by any person who is not a bona fide resident of this Territory, at the time of offering to vote, or who shall have voted previously at the same election; or Any person

guilty of fraud any person who shall knowingly and wilfully commit any irregu- or irregularity.

with intent,do. larity, or fraud whatever, with the intent to hinder, prevent or guilty of folony. defeat a fair expression of the popular will, shall be deemed guilty of felony; and upon conviction thereof, shall be punished

Punishmont. by imprisonment and hard labor for a term not less than one year, nor more than three years. Sec. 3. Any person who shall have in his possession any falsely possenti during

having made, altered, forged, or counterfeited poll book, tally list, or turns,

ingly, guilty of clection returns, of any election in this Territory, authorized by felony. law, or held under any semblance or pretence of law, knowing

o1 fraudulent returns, know

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the same to be falsely made, altered, forged, or counterfeited,
with intent to hinder, prevent, or defeat a fair expression of the

popular will, shall be deemed guilty of felony; and upon convicPunishment.

tion thereof, shall be punished by imprisonment and hard labor
for a term not less than one year, nor more than three years.

Sec. 4. Any person or persons whatsoever who may be auceive or can thorized by law, or any semblance or pretence of law, to receive, samo, knowing canvass, or count the poll books, or tally lists, or election returns the same to be of any election, held under law, or any semblance or pretence of

,
suilty of felony, law, who shall wilfully and knowingly receive, canvass and count

any poll books, tally lists, or election returns which are fraudu-
lent, forged, or counterfeited, or who shall falsely and fraudu-
lently count and cast up any poll books, tally lists, election
returns, or votes, with intent to hinder, prevent, or defeat a fair
expression of the popular will, shall be deemed guilty of felony ;
and upon conviction thercof, shall be punished by imprisonment
and hard labor, for a term not less than two years, nor more than

Punishment.

five years.

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Persons au- Suc. 5. Any person or persons authorized by law, or by any
thorized by law
to give certifi- semblance or pretence of law, to grant certificates of election,
cates or make
proclamation or to declare by proclamation, or otherwise, the result of any
of, or declara
the result of election held under law, or under any semblance or pretence of
elections;
when so doing law, who'shall grant such certificates, or declare the result of
fraud ulently
guiltyof felony. such election, based upon fraudulent, fictitious, or illegal votes,

with intent to hinder, prevent or defeat a fair expression of the Punishment.

popular will, shall be deemed guilty of felony; and upon convic-
tion thereof, shall be punished by imprisonment and hard labor,

for a term not less than two years, nor more than five years. Persons in

SEC. 6. Any person or persons who shall knowingly and wil-
scribing names
apon pollbooks fully inscribe, or cause to be inscribed, upon any poll book, tally
votine, guiltý list, or election returns of any election held under law, or under
.

any scmblance or pretence of law, the name of any person not
entitled to vote, or not voting, with intent to hinder, prevent, or
defeat a fair expression of the popular will, shall be deemed

guilty of felony, and upon conviction thereof, shall be punished Punishment.

by imprisonment and hard labor, for a term not less than one

year, nor more than two years. Persons gu b

Sec. 7. Any person who shall subscribe, or cause to be subown or any oth" scribed, his own name, or any other name, as judge or clerk of er name falsely as jud ocor any election, to any falsely made, altered, fraudulent, or counof Forobiy suits terfeited poll book, tally list, or election returns, knowing the

, guilty felony.

same to be falsely mado, altered, fraudulent, or counterfeited,

not

bate

with intent to hinder, prevent, or defeat, a fair expression of the popular will, shall be deemed guilty of felony; and upon conviction thereof, shall be punished by imprisonment and hard labor, Punishment. for a term not less than one year, nor more than two years.

Sec. 8. In all offences arising under any of the provisions of Jurisdiction of this act, the Probate Judges of the several counties shall have this act origioriginal and sexclusive jurisdiction, and shall have the same live in the Propowers in summoning juries, and in all other matters appertaining to the arrest, trial, conviction and punishment of such offenders, as are now by law vested in the District Courts in case of felony; Provided, that if any Probate Judge shall refuse to Probate Judge issue writs, or in any manner to proceed under this act, the pros- refusing to act. ccution may be had before the Probate Courts of any adjoining may be bad in county.

Sec. 9. All acts and parts of acts now in force in this Territory, conflicting with this act, be, and the same are hereby repealed.

SEC. 10. This act to take effect and be in force from and
after its passage.
[Signed,]

G. W. DEITZLER,
Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council. Approved December 16, 1857.

FRED. P. STANTON.

county.

CHAPTER II.

LECOMPTON CONSTITUTION_CENSUS.

AN ACT submitting the Constitution framed at Lecompton, under the Act of the

Legislative Assembly of Kansas Territory, entitled “An Act to provide for the taking a census, and election of delegates to a Convention," passed February 19th, A. D. 1857. An Act to provide for an election ou the submission of the Lecompton Constitution.

Be it enacted by the Governor and Legislative Assembly of

the Territory of Kansas, as follows: SECTION 1. That an election shall be held on the first Mon- Election; when

to be held. day in January, A. D. 1858, between the hours of nine o'clock A. M., and six o'clock P. M., at which all the bona fide male inhabitants of the Territory of Kansas, over twenty-one years of Who may vote.

vote for.

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Governor to

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age, who are citizens of the United States, or who have declared

(on oath) their intentions to become such, and who shall have Residenco. resided in said Territory thirty days next preceding said election,

and ten days in the county where said persons offer to vote, may What he may vote for the ratification or rejection of the constitution adopted

by the late Constitutional Convention at Lecompton, organized under the act of the nineteenth of February, A. D. 1857, entitled “An Act to provide for the taking of a census, and

election of delegates to a convention.” The voting shall be Vote by ballot.

by ballot, as follows: Those voting for said constitution with the article entitled slavery, shall cast a ballot with the words, “ For the constitution framed at Lecompton, with slavery;" and those voting for the constitution and against the article entitled slavery, shall cast a ballot with the words, "For the constitution framed at Lecompton, without; slavery;" and those voting against the constitution, shall cast a ballot with the words, “ Against the constitution framed at Lecompton.'

Sec. 2. It shall be the duty of the Governor of Kansas Terappoint commissioners who ritory, to appoint three commissioners in each county, whose shall appoint

duty it shall be to establish voting precincts in their respective counties, and appoint three judges of election in each precinct. If, at the hour of opening the polls, the duly appointed judges are not present, or if they shall fail or refuse to act, then the

voters assembled shall have power to elect judges to fill the how filled. vacancies thus occasioned. Commissioners Sec. 3. The commissioners provided for in this Act, shall,

by proclamation, at least five days before the day of the election precincts.

herein provided for, indicate the place at which, in their respective counties said election shall be held, and the judges who are

to hold the elections in the several precincts. Judges shall be Sec. 4. Before opening the polls for receiving votes, the

judges of election shall be duly sworn to a faithful performance

of their duties. They shall provide suitable ballot boxes for the Judges appoint reception of the ballots, and shall appoint two clerks, who shall clerks who shall be sworn. also be sworn to keep each a faithful record of all the names of

persons depositing their votes with said judges. At the closing

of the polls, the judges shall count and preserve the ballots, and Judge: shall count voter certify at the bottom of the list of voters, the number of votes

cast in each of the forms prescribed in the second section of this Certificato act, which certificate shall be attested by the clerks. One of the shall be attost: lists of the voters thus certified, shall be deposited with one of ited modepoo: the commissioners provided for in this act, and the other shall be

with .

Vacancies

to make proclamation of

Sworn.

and givo ficato.

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