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to agree as to how it should be counted, the same shall not be counted, but shall be treated as a mutilated ballot, and returned in like manner. On completing the count and recording the same on the tally sheets, all of the ballots shall be sealed up in paper bags; those mutilated or otherwise defective in one package, marked Mutilated," and the other in a package marked "Counted,” with the names of the election board written across the seals of each package, said packages, together with the tally sheets and poll books shall be returned along with the ballot boxes to the county clerk, within two days after the holding of such election. Said ballot packages shall be preserved by the county clerk for the period of one year. In case of contest of elections such ballot packages may be submitted in evidence. Imme. diately before the adjournment of the election board they shall make a memorandum of the total vote cast for each candidate and deliver a copy of the same to each member of said board. SECTION 49. Any person who shall: First, Falsely Imitating,
changing, de make, or fraudulently deface, or fraudulently destroy any stroying peti.
tion or baliots. certificate or petition of nomination, or any part thereof; Second, File any petition or certificate or nomination, knowing the same or any part thereof, to be falsely made; Third, Suppress any petition or certificate of nomination, which has been duly filed, or any part thereof; Fourth, Forge or falsely make the official endorsement of any ballot; Fifth, Print or cause to be printed any imitation ballot, or circulate the same; or, Sixth, Conspire with others to do any of said acts, or induce or attempt to induce
any other person to do any of said acts, whether or not said acts, or any of them be committed or attempted to be committed, shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the penitentiary for a term of five years.
SECTION 50. Any clerk, inspector or messenger en- Clerk, inspecttrusted with the custody of ballots who shall open any Smilty of sel
of the packages in which the ballots are contained, or permit any of them to be opened, or destroy any such ballots, or permit them to be destroyed, or give or deliver any such packages or ballots to any person not lawfully entitled to receive them as hereinbefore provided, or conspire to procure, or in any way aid, abet, or connive at any robbery, loss or destruction of any such ballots or packages shall be guilty of a felony, and on conviction shall be punished by imprisonment in the penitentiary
for a period not exceeding five years. Unlawful en
SECTION 51. If any person not herein authorized so to try or approach to elecțion do, shall enter, or attempt to enter the election room, or misde
enter or attempt to enter the railing leading from the challenge window to the entrance of the election room, without having been first passed by the challengers or having been first sworn in, as herein before provided, or who shall remain within fifty feet of the polling place, con. trary to the provisions herein before made, he shall be deemed guilty of a misdemeanor, and on conviction thereof, be fined in any sum not exceeding five hundred dollars.
SECTION 52. If any person shall induce, or attempt to alty,
ir duce, any elector to write, paste or otherwise place on his ballot, the name of any person or any sign or device, of any kind as a distinguishing mark by which to indicate to any other person how such elector has voted, or shall enter into or attempt to form any agreement or conspiracy with any other person to induce or attempt to induce electors, or any elector to place any distinguishing name or mark on his ballot, whether or not said act be committed or attempted to be committed, such person so of'ending shall be guilty of a felony, and on conviction be imprisoned in the penitentiary for a period not exceed
ing five years. Felony SECTION 53. If any person being a member of an to divulge
election board, or otherwise entitled to the inspection of the ballots, shall reveal to any other person how an elect0. has voted, or what other candidates were voted for on
duce v olaciun,
any ballot bearing a name not printed thereon by the board of election commissioners, or give any information concerning the appearance of any tallot voted, such per. son so offending shall be deemed guilty of a felony and on conviction shall be imprisoned in the penitentiary for a period not exceeding five years.
SECTION 54. If any person shall induce or attempt to Attempt to ininduce any member of an election board to violate any
felony. provisions of section 53, whether or not such member of the election board shall violate or attempt to violate any of the provisions of this Act, such person so offending shall be guilty of a felony, and on conviction shall be imprisoned in the penitentiary for a period not exceeding five years. It shall be the duty of each inspector to distinctly read this and the preceding section to the election board at the opening of the polls, and each member thereof shall thereupon take an oath that he has not violated and will not violate the provisions of said sections.
SECTION 55. Any person who shall during the elec- Removal tiol remove or destroy any of the supplies or other con-cards. &c. misveniences placed in the booths as aforesaid, or delivered to the voter for the purpose of enabling him to prepare his ballot, or shall during an election, remove, tear down or deface the cards printed for the instructiсn of the voters, or shall during an election, destroy or remove any booth, railing, or other convenience provided for such election, or shall induce or attempt to induce any person to commit such acts, whether or not any of such acts are committed, or attempted to be committed, shall be guilty of a misdemeanor, and on conviction shall be punished by imprisonment in the county jail for a period not exceeding one year. SECTION 56. No officer of election shall disclose to any Electioneer
ing: duty of person the name of any candidate for whom any elector voters. has voted. No officer of election shall do any electioneering on election day. No person whatever shall do any electioneering on election day within any polling place or
or destruction of
within fifty feet of any polling place. No person shall apply for or receive any ballot in any polling place other than that in which he is entitled to vote. No person shall show his ballot after it is marked to any person in such a way as to reveal the contents thereof, or the name of any candidate or candidates for whom he has marked his vote; nor shall any person examine a ballot which any elector has prepared for voting, or solicit the elector to show the same. No- person except an inspector of election or judge who may be temporarily acting for him, shali receive from any voter a ballot prepared by him for voting. No voter shall receive a ballot from any person other than one of the poll clerks, nor shall any person other than a poll clerk deliver a ballot to an elector to be voted. No voter shall deliver any ballot to an inspector except the one he received from the poll clerk. No voter shall place any mark upon his ballot or suffer or permit any other person to do so by which it may be afterwards identified as the one voted by him. Whoever shall violate any provision of this section shall be deemed guilty of a felony, and upon conviction shall be punished by imprisonment in the penitentiary for a period not exceeding five years, or by a fine not exceeding three hundred dollars, or by both such fine
and imprisonment, at the discretion of the court. Officer guilty SECTION 57. Any public officer, upon whom any duty of felony.
is imposed by this Act, who shall wilfully neglect or omit to perform such duties, or do any act prohibited herein. for which punishment is not otherwise provided, shall be deemed guilty of a felony, and on conviction shall be punished by imprisonment in the penitentiary for not less than six months nor more than three years, or by a fine not exceeding three hundred dollars, or by both such fine
and imprisonment, in the discretion of the court. Question sub- SECTION 58. Whenever a constitution, constitutional mitted to popular vote; amendment, or other question is required by law to þe torial Board of Election Commissioners shall cause a brief statement of the same to be printed on the Territorial ballot and the words “Yes” and “No” under the same so that the elector may indicate his preference by stamping at the place designated in front of either word. If the question is required by law to be voted on by the electors of any district or division of the Territory, the board or boards of election commissioners if the county or counties, including or included in such division or district, shall cause similar provisions to be made on the local ballot. In case any elector shall not indicate his preference by stamping in front of either word, the ballot as to such question shall be void and not be counted. SECTION 59. All affidavits provided in this Act to be Disposition of
submitted to the popular vote, if all the electors of the Territory are entitled to vote on such question, the Terri.
Affidavits. used on the day of election at the several polling places shall at the close of the count be placed in a strong paper bag or envelope, by the election board, and securely sealed by them, each member endorsing his name on the back of such bag or envelope. Such bag or envelope shall be delivered within three days after the election, by the inspector to the clerk of the district court of the county whose duty it shall be to carefully preserve the same, and deliver it with the seal unbroken, before the grand jury when next in session. It shall be the duty of such grand jury to inquire into the truth or falsity of such affidavits.
SECTION 60. When any township or county holds an Township and election at a time other than the time of a general election, such election shall be held in conformity with the provisions of this Act,and all county and local officers who are required to perform any duties in connection with the general election shall perform the same duties in connection with such special or local election, subject to the same general provisions and penalties herein prescribed in case of general elections.
SECTION 61. When any town or city shall hold an elec- Town and city tion at any other time than a time of a general election, such election shall be held in conformity with the pro