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tertain

any elective office, with intent to promote his election, against enor for any other person, with intent to promote the elec- ments. tion of any such candidate, either,

1. To provide or furnish entertainment at his expense, to any meeting of electors, previous to, or during the election at which he shall be a candidate; or,

2. To pay for, procure, or engage to pay for any such entertainment; or,

3. To furnish any money or other property to any person, for the purpose of being expended in procuring the attendance of voters at the polls; or,

4. To engage to pay any money, or deliver any property, or otherwise compensate any person for procuring the attendance of voters at the polls; or,

5. To contribute money for any other purpose intended to promote an election of any particular person or ticket, except for defraying the expenses of printing, and the circulation of votes, handbills and other papers previous to any such election, or for conveying sick, poor or infirm electors to the polls. § 6, tit. 7, ch. 130, 1842.

Changing ballots.

ballots.

SEC. 403. No person shall fraudulently or deceitfully Changing change or alter a ballot of any elector, nor shall furnish an elector any ballot containing more than the proper number of names, or cause any other deceit to be practiced with intent fraudulently to induce such elector to deposit the same as his vote, and thereby to have the same thrown out and not counted. § 7, same tit.

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Punishment for offending against chapter 130, 1842.

ment for

against ch.

SEC. 404. Every person offending against the provis- Punishions of this act shall be deemed guilty of a misde- offending meanor, punishable by fine not exceeding two hundred 130, 1842. and fifty dollars, or by imprisonment not exceeding six months. 8, same tit.

Penalty for disobeying inspectors, etc.

disobey

SEC. 405. If any person shall willfully aisobey any Penalty for lawful commands of the board of inspectors of any ing inspectelection, or shall willfully and without lawful authority,

ors, etc.

Penalty for voting by

non-resi

dents and

more than

once.

obstruct, hinder or delay any elector on his way to any poll where an election shall be held, or while he is exercising or attempting to exercise the right of voting, or shall aid or assist in such obstruction or delay, he shall, on conviction, be adjudged guilty of a misdemeanor, and be fined in a sum not exceeding two hundred and fifty dollars, and may be imprisoned, in the discretion of the court, for not more than six months. § 9, tit. 7, ch. 130, 1842.

Penalty for voting by non-residents and for voting more than once.

SEC. 406. Any person who, at any general or special election, or city or charter election, shall knowingly vote for voting or offer to vote in any election district in which he does not reside, except as herein before provided, or shall vote or offer to vote more than once at the same election, either in the same or in any other election district, shall, on conviction, be adjudged guilty of a misdemeanor, and punishable by fine not exceeding two hundred dollars, or by imprisonment not exceeding six months, or by both, as the court may direct; and section nineteen of title six, chapter one, of the fourth part of the Revised Statutes is hereby repealed. § 10, same tit.

Procuring illegal vot

ers.

Procuring non-residents to

come into a town, ward or

Procuring illegal voters.

SEC. 407. Every person who shall procure, aid, assist, counsel or advise another to give or offer his vote at any general, town, city or charter election, knowing that the person is not duly qualified to vote at the place where the vote is given or offered, shall, on conviction, be adjudged guilty of a misdemeanor, and punishable as prescribed in the last preceding section of this title. 11, same tit.

Procuring non-residents to come into a town, ward or district to vote.

SEC. 408. Every person who shall procure, aid, assist, counsel or advise another to go or come into any town, ward or election district, for the purpose of giving his district to vote at any general, special, town or city election, knowing that the person is not duly qualified to vote in such

vote.

town, or ward, or election district, shall, on conviction, be deemed guilty of a misdemeanor, and punishable as prescribed by the tenth section of this title (§ 406, above). § 12, tit. T, ch. 130, 1842.

Punishment.

ment.

SEC. 409. Any person not duly qualified to vote under Punishthe laws of this State, who shall knowingly vote or offer to vote at any general, or special, town or charter election in this State, shall be adjudged guilty of a misdemeanor, and on conviction shall be imprisoned for a period not exceeding six months, at the discretion of the court before which the offense is tried. And any inhabitant of another State, or country, who shall vote or offer to vote at any general, special, town or city charter election in this State, shall be adjudged guilty of a felony, and on conviction shall be imprisoned in the State prison for a period not exceeding one year, at the discretion of the court before which the offense is tried. And it shall be the duty of the district attorney in the county where the offense shall have been committed, to adopt effectual measures for the punishment of all persons who, without being legally qualified, shall vote or attempt to vote at any election in this State. § 13, same tit.

Inspectors of election, etc., to give notice of offenses.

of elec

to give

offenses.

SEC. 410. It shall be the duty of every inspector of elec- Inspectors tions, sheriffs, constables and justices of the peace within tion, etc., this State, knowing that an offense has been committed notice of under this act, or having good reason to believe that an offense has been committed, to give information thereof to the district attorney of the county in which the offense shall have been committed, whose duty it shall be to adopt effectual measures for the punishment of all persons violating the provisions of this act. § 14, same tit.

Grand juries to be especially charged as to offenses.

ies to be

charged as

SEC. 411. It shall be the duty of the presiding judge Grand jurof every court of general sessions of the peace or oyer especially and terminer within this State, specially to charge the to offenses. grand jury at each term of said court, to take notice of

Applicable to all elec

tions.

all offenses committed in violation of any of the provisions of this act. § 15, tit. 7, ch. 130, 1842.

Applicable to all elections.

SEC. 412. This title shall apply to all town meetings held in the several towns in this State, as well as to the elections named and provided for in this act. § 16. tit. 7, ch. 130, 1842, as added by ch. 354, 1878.

Hamilton

county,

member of

TITLE VIII.

MISCELLANEOUS PROVISIONS.

Hamilton county, election of member of assembly. SEC. 413. The county of Hamilton and the county of election of Fulton shall jointly elect one member of assembly; and assembly. for all the purposes of this act, the county of Hamilton shall be deemed part of the county of Fulton. § 1, tit. 8, ch. 130, 1842. See § 23, ante.

Power of majority

ors.

Power of majority of inspectors.

SEC. 414. It shall be lawful for a majority of the inof inspect- spectors of any election, held in pursuance of this chapter, to execute all the trusts and duties required to be executed by the inspectors of any such election. § 2, same

Appoint

ments to

form board.

Oaths of office.

Notices of

tit.

Appointments to form board.

SEC. 415. If a majority shall not be present on any day on which an election is held, the inspectors or inspector attending shall appoint so many electors of the town, ward or district, to act as inspectors, as may be necessary to form a board. § 3, same tit.

Oaths of office.

SEC. 416. The persons so appointed shall take the constitutional oath, and continue to act until a majority of the inspectors shall attend. § 4, same tit.

Notices of clerk and first judge.

SEC. 417. No notice of an election, nor copy of the

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first judge.

governor's proclamation shall in any case be directed to clerk and the clerk of a county, unless the office of sheriff of such county shall then be vacant, nor to the first judge, unless the office of sheriff and clerk shall both be vacant. § 5, tit. 8, ch. 130, 1842.

Accounts of county clerks.

Accounts

SEC. 418. The accounts of the respective clerks of counties for services performed, and expenses incurred of county by virtue of this chapter (ch. 130, 1842), shall be audited, levied and paid in like manner as other contingent charges of such counties. § 6, same tit.

Pay of inspectors of election and clerks of the polls.

spectors of

and clerks

SEC. 419. The inspectors of election and clerks of the Pay of inpolls shall severally be allowed two dollars per day for election their services under this act. § 7, tit. 8, ch. 130, 1842, of the as amended by § 2, ch. 242, 1870.

Repeal.

polls.

SEC. 420. Chapter six of the first part of the Revised Repeal. Statutes; the act entitled "An act directing the manner of choosing electors of president and vice-president,” passed April 15, 1829; the act entitled "An act to preserve the purity of elections," passed May 5, 1829; and the eleventh, twelfth, thirteenth, fourteenth and seventeenth sections of the act entitled "An act to preserve the purity of elections," passed May 7, 1839; "An act concerning elections in cities other than New York," passed May 26, 1841, and all other acts and parts of acts inconsistent with the provisions of this act are hereby repealed; but such repeal shall not affect any act done or right accrued, or any proceeding, suit or prosecution for any offense, or for the recovery of any penalty or forfeiture. §8, tit. 8, ch. 130, 1842.

Sections of

act of 1839,

Sections of act of 1839, applicable to town officers only. SEC. 421. Sections seven, eight, nine and ten of the act entitled "An act to preserve the purity of elec- applicable tions," passed May 7, 1839, shall be deemed applicable to officers elections for town officers only. § 9, same tit.

to town

only.

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