Election laws-Illegal voting, etc.

Kentucky into the State of Indiana, and being then still a resident and voter of said State of Kentucky, and not a bona fide resident of the State of Indiana, did, on the day aforesaid, at the voting precinct in township, in said county, feloniously, knowingly, willfully, and unlawfully vote at such election.

2. Aiding, etc., non-resident to vote. (Sec. 2.)

[Begin as in preceding form to the *, and then continue]: and that A. B., on the day aforesaid, did feloniously, willfully, and knowingly aid, counsel, abet, and solicit one C. D. to come from the State of Kentucky into the said county of, in the State of Indiana, for the purpose of voting at such election, he, the said C. D., then still being a resident and voter of said State of Kentucky, and not then being a legal voter in said county of in said State of Indiana.

(Sec. 3.)

3. Voting more than once at an election. [Begin as in form 1, down to the *, and then continue]: and that A. B., then and there being an elector competent to vote, feloniously, willfully, and knowingly voted more than once at such election, to-wit, once at the voting precinct in township, in said county, and once at the voting precinct in township, in said county.

4. Hiring person to vote.

(Sec. 4.)

[Begin as in form 1, down to the *, and then proceed as follows]: and that A. B. then and there feloniously and unlawfully did hire, buy, and induce one C. D., who was then and there one of the electors competent to vote at said election, to vote for E. F. as governor of said State of Indiana, by then and there feloniously and unlawfully paying the said C. D. the sum of two dollars of the moneys of him, the said A. B., for so voting for said E. F.

5. Voting without necessary qualification. (Sec. 59.) [Begin as in form 1, down to the *, and then proceed thus]: and that A. B. did then and there unlawfully vote at said election, he, the said A. B., then and there not having the legal qualifications of a voter, in this, that the said A. B. was then and there a person under the age of twenty-one years.

6. Using threats, etc., to hinder or deter elector from voting. (Sec. 61.) [Begin as in form 1, down to the *, and then proceed]: and that A. B. was then and there one of the electors competent to vote at said

Election laws-Illegal voting, etc.

election; and that C. D. did then and there, at said election, unlawfully use certain threats toward the said A. B. to hinder and deter him, the said A. B., from voting at such election, by then and there unlawfully telling the said A. B. that he, the said C. D., would have him, the said A. B., arrested and prosecuted for illegal voting, if he, the said A. B., did vote at said election [or state any other threats made].

7. Furnishing false ticket to voter. (Sec. 55.)
day of —, in the year

That on the at said county, an election was held pursuant to law, for a governor for the State of Indiana, and that A. B. then and there furnished to C. D., who was then and there one of the electors competent to vote at said election, and who could not then and there read the English language, a ticket for such election, which said ticket then and there contained, printed thereon, the name of E.F. only, as a candidate for said office of governor of Indiana at said election; and that the said A. B. then and there, at the time he so furnished said ticket to said C. D., unlawfully represented and declared to said C. D. that said ticket contained the name of G. H., as a candidate for said office of governor of Indiana at said election-the said name of G. H. being then and there a name different from the name so as aforesaid contained printed thereon, and the said A. B. then and there well knowing said representation to be false. Bicknell's Crim. Pr. 463.

8. Fraudulently causing false vote. (Sec. 56)

[As in the last foregoing form, as far as the *, and then proceed as folfows]: And that C. D. was then and there one of the electors competent to vote at said election, and then and there intended to vote for said E. F. for governor of the State of Indiana at said election; and that A. B. then and there unlawfully and fraudulently caused the said C. D. to vote at said election for a person different from the one he intended to vote for, in manner following: he, the said A. B., then and there furnished to said C. D. a ticket to be voted at said election, and then and there falsely and fraudulently alleged and represented to the said C. D. that said ticket, which was then and there folded up so that the name printed thereon could not be seen, contained printed thereon the name of E. F., as a candidate for said office of governor of Indiana, which said representation he, the said A. B., then and there knew to be false; and the said C. D., then and there believing said false and fraudulent representation to be

Election laws-Illegal voting, etc.

true, then and there took from the said A. B. the said ticket, and then and there gave the same in at the polls, and voted the same at said election; whereas, in truth and in fact, the said ticket so furnished and voted as aforesaid, did not then and there contain printed thereon the name of E. F., as a candidate for said office of governor of Indiana, but did then and there contain printed thereon the name of G. H. only, as a candidate for said office, as the said A. B. then and there well knew; and so the jurors aforesaid, upon their oath aforesaid, say that the said A. B. on the day and year aforesaid, in manner and form aforesaid, and by the means aforesaid, unlawfully and fraudulently caused the said C. D. to vote for a person different from the one he intended to vote for at said election; said election being held pursuant to law, as aforesaid, and the said C. D. being an elector competent to vote as aforesaid. Bicknell's Crim. Pr. 464.

For form of charge against officers of election violating their duties, see Official Misconduct.

Indictment for illegal voting must state what qualifications the voter lacked. An indictment charged that the defendant voted at an election, "not having the legal qualifications of a veter." Held, that the indictment was bad for not specifying what qualifications the voter lacked-for alleging, not a fact, but a conclusion of law. 35 Ind. 485.

Resident of township-Constitutional law. The constitution requires that a person shall have a residence in the township where he offers to vote, without prescribing any period of residence, and the requirement of a residence in the township of twenty days, in section one of the act of 1867 (3 Ind. Stat. 234), and section six of the act of 1869 (3 Ind. Stat. 236), is unconstitutional. Ibid.

Residence, how determined-Absence from state-Apprentice.--A boy, nine years of age, having no father or mother, was apprenticed to a resident of this state, with whom he made his home till he was nineteen years old, when he left, to go to another county, where he fell in with a man going to Iowa, to whom he engaged himself, in consideration of having his expenses paid to that state. He wrote his master, saying he was going to see the country and intended to return as soon as he should accomplish that object. He remained in Iowa about three years, working for farmers on their farms at different places, and then returned to this state, to the residence of his late master, to whom he had written while in Iowa,

Election laws-Illegal voting, etc.

soon after coming of age, that as soon as he could get money enough to pay his expenses, he would return home. After his return to this state, he said that he did not expect to remain here. Information against him for illegal voting, charging that he had not been a resident of the state for six months preceding the election. Held, that he had not lost his residence in this state. 32 Ind. 111. Same. A person whose domicile, for many years prior to August, 1870, had been in this state, where he owned a dwelling-house, then rented the same, with the furniture thereof, for an indefinite time, three months' notice being required to terminate the lease, and, in company with his family, left this state and went to Europe, with the intention of ceasing to be a resident of Indiana for an indefinite time, and with the expectation of again becoming a citizen of Indiana at some indefinite time in the future, probably two or three years. In November, 1872, he and his family returned from Europe, where they had lived in the meantime, to Indiana, and resumed possession of said dwelling-house, where they continued to reside. Held, that said person was taxable for the years 1871 and 1872, as a person residing within this state. 52 Ind. 361.

Information against inspector-Must show purpose.-An information against the inspector of an election for refusing to receive a vote, must show the purpose for which the election was held. 27 Ind. 492.

Testimony before board-Duty of inspector-Oath of voter protects board.-Section 21 of the general election law (1 R. S. 1852, p. 263), was intended to, and does, preclude the election board from taking testimony relative to the right of any person to vote, who may offer to take the oath therein prescribed.

It is the duty of the inspector or judge to state to one who offers to vote and is challenged, the requisites to entitle him to cast such vote; if he still persists in his offer, and swears, or offers to swear, they can refuse to swear him, and even after they have sworn him may refuse his vote, but they do so at the peril of being able to show that he was not a legal voter, upon a prosecution for refusing the vote.

The board are only liable for the rejection of a legal vote, and though the person offering to vote may have taken the oath, yet the penalty for rejecting his vote would not attach if the board. should be able to show that he was not a legal voter.

When the person offering to vote takes the prescribed oath, the board are justified in receiving his vote, unless it can be shown that

Horse racing.

they acted corruptly, and were cognizant of the fact that he was not a legal voter. 17 Ind. 536.

Illegal voting-Evidence.-The statements made by a voter are not admissible evidence for him in a prosecution against him for fraudulent voting; nor is the decision of the judge of the election in favor of his right to vote, any defense. 7 Blackf. 607.

Registry law.-Section 23 of the registry law of 1867 (Acts 1867, p. 113), which requires all tickets to be written or printed on "plain white paper, without any distinguishing marks or other embellishments thereon," and makes it the duty of inspectors of elections to refuse all ballots of any other description, was intended to prevent the intimidation of, or undue influence over voters, by enabling them to cast a ballot, the character of which can not be determined from an inspection of the outside thereof. 29 Ind. 308.

Same. This object is secured by requiring all ballots to be uniform in external appearance, and the law can not, therefore, be construed to prohibit a distinguishing mark on the inside of the ticket. Ibid.

Same. At an election for councilmen, in the city of Laporte, the ballots cast for one of the candidates had printed on the top thereof, on the inside, the words "City Union Ticket," and it was held that they were not illegal under section 23 of the registry law. Ibid.

The law requiring the numbering of ballots is unconstitutional. 38 Ind. 89.

SEC. 48. HORSE RACING.

SEC. 31. Any person who shall knowingly suffer his horse to be run in "a horse race," along any public highway in this state, and any person who shall act as rider in any such race, on being convicted, shall be fined not less than five nor more than fifty dollars, and upon the trial of any such offense, it shall be sufficient to prove that the animal run was a horse, mare, or gelding, and any one so concerned in such race may be compelled to testify thereof against the others. 2 R. S. 470.