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of the county, or other political subdivision to which such public measure was submitted, to defend for the county, or other political subdivision.
SEC. 226. In all cases of contested elections the parties contesting the same shall have the right to have the ballots opened and to have all errors of the judges in counting or refusing to count any ballot corrected by the court or body trying such contest, but such ballots shall be opened only in open court or in open session of such body and in the presence of the officer having the custody thereof.
SEC. 227. The fees of officers and witnesses shall be the same as in the circuit court in other cases.
SEC. 228. If the election be confirmed, or the petition be dismissed or the prosecution fail, judgment shall be rendered against the contestant for costs. If the judgment be against the person declared elected, or the election be set aside, or that the removal of a county seat or other public measure did not carry, then the defendant shall, in the discretion of the court, pay the costs, except that no costs shall be adjudged against the county or other municipal corporation in case of a contest of a removal of the county seat, or other public measure, but, in such case, the court shall, by order, provide for the payment of the costs.
SEC. 229. The judgment of the court, in cases of contested elections, shall confirm or annul the election, according to the right of the matter; or, in case the contest is in relation to the election of some person to an office, shall declare as elected the person who shall appear to be duly elected.
SEC. 230. If it appears that two or more persons have, or would have had, if the legal ballots cast, or intended to be cast for them, had been counted, the highest, and an equal number of votes for the same office, the persons receiving such votes shall decide by lot, in such manner as the court shall direct, which of them shall be declared duly elected; and the judgment shall be entered accordingly.
SEC. 231. A certified copy of the judgment of the court shall have the same effect as to the result of the election as if it had been so declared by the canvassers.
SEC. 232. When the person whose election is contested is found to have received the highest number of legal votes, but the election is declared null by reason of legal disqualification on his part, or for other causes, the person receiving the next highest number of votes shall not be declared elected, but the election shall be declared void, and the vacancy filled as provided by this Act.
SEC. 233. In all cases of contested elections in the circuit courts or county courts, appeals may be taken to the Supreme Court in the same manner, and upon like conditions as provided by law for taking appeals in case in chancery from the circuit courts.
SEC. 234. Nothing in this Act contained shall be construed to repeal, amend, change or modify the contest of the election upon public measures if a contest is provided for in the specific Act under which the vote upon such public measure was had, but the method of contest, if any, prescribed in such specific Act shall be exclusive.
(3) PROVISIONS SPECIALLY APPLICABLE TO CONTESTS FOR CONSTITUTIONAL EXECU
TIVE STATE OFFICES.
SEC. 235. When any elector shall desire to contest the election of Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, Treasurer, Superintendent of Public Instruction, or Attorney General, he shall, within ten days after the result of the election shall have been determined, present a petition to the General Assembly setting forth the points on which he will contest such election and praying for leave to produce his proof.
SEC. 236. The General Assembly shall appoint a joint committee to take the testimony on the part of the petitioner and the person whose place is contested.
SEC. 237. The committee so appointed shall have power. to send for witnesses, and compel the attendance of witnesses and the production of papers, issue commissions under the hand of its chairman to any officer
authorized to take depositions in other cases, to take the deposition of witnesses upon the points set forth in the petition, at such time and place as the commission shall direct.
SEC. 238. Reasonable notice shall be given by the party in whose favor the deposition is to be taken to the opposite party of the time and place of taking the same.
SEC. 239. No testimony shall be taken except upon the points set forth in the petition.
SEC. 240. The committee shall report the facts to the House of Representatives, and a day shall be fixed by a joint resolution for the meeting of the two houses to decide upon the same, in which decision the yeas and nays shall be taken and entered upon the journal.
(4) PROVISIONS SPECIALLY APPLICABLE TO CONTESTS FOR MEMBERS OF THE GEN·
SEC. 241. The election of any member declared duly elected to a seat in the Senate or House of Representatives of the General Assembly may be contested by any qualified voter of the district to be represented by such Senator or Representative.
SEC. 242. The contestant shall, within thirty days after the result of the election shall have been determined, serve on the person whose election he will contest, a notice of his intention to contest such election, expressing the points on which the same will be contested; and shall also, on or before the next session of the General Assembly, deliver a copy of such notice to the Secretary of State. In case the person whose election is contested is absent, or cannot be found, service may be had by leaving a copy of such notice at his usual place of residence.
SEC. 243. Whenever a notice shall have been given of an intention to contest an election as provided in the preceding section, either party may proceed to take the testimony of witnesses before any judge, justice of peace, clerk of a court, master in chancery or notary public, on giving to the adverse party or his attorney ten days' notice of the time and place of taking the same, and one day in addition thereto (Sunday inclusive) for every fifty miles travel from the place of residence of such party to the place where such deposition is to be taken. If the party entitled to notice resides in the county where the deposition is to be taken, five days' notice shall be sufficient.
SEC. 244. The officer before whom depositions are taken shall have power to compel the production of papers and the attendance of witnesses; and the same proceedings may be had to compel the attendance of witnesses as are provided in the case of taking depositions to be used in courts of law and equity.
SEC. 245. A copy of the notice to take depositions, with proof of service thereof with the depositions, shall be sealed up and transmitted by mail or otherwise, to the Secretary of State with an endorsement thereon showing the names of the contesting parties, the office contested and the nature of the papers.
SEC. 246. The Secretary of State shall deliver the copy of the notice deposited with him by the contestant, and the depositions unopened, to the presiding officer of the branch of the General Assembly to which the contest relates, on or before the second day of its session next after the receipt or the same; and the presiding officer shall immediatly give notice to his house that such papers are in his possession.
SEC. 247. Nothing herein contained shall be construed to abridge the right of either branch of the General Assembly to grant commissions to take depositions, or to send for and examine any witnesses it may desire to hear on such trial.
OFFENSES AND PENALTIES.
(a) Pertaining to Elections.
SEC. 248. No spirituous, malt, vinous or intoxicating liquor shall be sold or given away at retail, nor shall any saloon or barrooom or place where
such liquor is so sold or given away, be open upon any general or special election day within one mile of the place of holding an election. Whoever violates the provisions of this section shall be fined in a sum not less than $25.00 nor more than $100.00. It shall be the duty of the sheriff, coroner, constables and other officers of the county, and magistrates, to see that the provisions of this section are enforced.
SEC. 249. If any person whose vote is challenged, or any witness sworn under the provisions of this Act, shall knowingly, wilfully and corruptly swear falsely, he shall be deemed guilty of perjury, and on conviction thereof shall be punished accordingly.
SEC. 250. Any person who shall wilfully make to any board of registry, any false statement in relation to his location, residence or qualification to vote, or to be registered at any election, or in any election precinct or district, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished with a fine of $50.00, or by imprisonment in the county jail for a period of ten days, or by both such fine and imprisonment.
SEC. 251. Any person who shall cause his name to be registered in more than one election district, or who shall cause his name to be registered, knowing that he is not a qualified voter in the district where such registry is made, or who shall falsely personate any registered voter, and any person causing, aiding or abetting any person, in any manner, in either of said acts, shall be punished, for each and every offense, by imprisonment in the State prison for not less than one year. All intentional false swearing before such board of registration shall be deemed willful and corrupt perjury, and on conviction, punished as such.
SEC. 252. Whoever unlawfully votes more than once at any election, or offers to vote after having once voted at such election, or knowing that he is not a qualified voter at an election, wilfully votes at such election, shall, on conviction thereof, be fined in a sum not exceeding $1,000, or imprisoned in the county jail not exceeding one year, or both, in the discretion of the court.
SEC. 253. Whoever wilfully aids or abets any one not legally qualified to vote at an election in voting or attempting to vote at such election; or Second-Furnishes an elector with a ticket or ballot, informing him that it contains a name different from that which appears thereon, with intent to induce him to vote contrary to his inclinations; or
Third-Changes a ballot of an elector with intent to deprive such elector of voting for such person as he intended; or
Fourth-By unlawful means prevents, or attempts to prevent, any voter from attending or voting at an election; or
Fifth-Gives, or offers to give any valuable thing or bribe to any judge or clerk of an election, as a consideration for some act to be done, or omitted to be done, contrary to his official duty in relation to such election, shall, on conviction thereof, be fined in a sum not exceeding $1,000 or imprisoned in the county jail not exceeding one year, or both in the discretion of the court. And any judge or clerk who shall receive, request or demand any bribe or reward forbidden by this Act shall, upon conviction, be liable to the same penalties as are prescribed in this article for the giving, or offer ing to give, such bribe or reward.
SEC. 254. Any person who shall solicit, request, demand or receive, directly or indirectly, any money, intoxicating liquor or other thing of value,. or the promise thereof, either to influence his vote, or to be used, or under the pretense of being used, to procure the vote of any other person or persons, or to be used at any poll or other place prior to or on the day of election for or against any candidate for office, or for or against any measure or question to be voted upon at such election, shall be deemed guilty of the infamous crime of bribery in elections and upon conviction thereof in any court of record, shall be sentenced to disfranchisement by the judge of such court for a term of not less than five nor more than fifteen years, and to the county jail not less than three months nor more than one year, and to pay the cost of prosecution and stand committed to the county jail until such costs shall be fully paid. That for a conviction of a second offense under this section, the first being alleged and proven, such second offender shall be by the sentence of the court, forever thereafter disfranchised and de
prived of the right to vote at an election in this State, and be imprisoned in the county jail not less than one year, and be committed to jail in default of payment of costs of prosecution until such costs are fully paid Prosecutions may be had under this section by indictment in the Circuit Court, or by information in the County Courts, and the effect of a sentence of disfranchisement in either of such courts, both having jurisdiction of offenses hereunder, shall be to deprive such persons sentenced of the right to vote at any general or special election or town meeting, within this State for the period of time fixed by the court where such persons shall be convicted under this section. Solicitation by any person of a loan of money, or the purchase of anything of value, or of liquor by the drink or treat to influence or effect his vote, or any other subterfuge, shall be deemed a violation hereof.
SEC. 255. Any person who shall have been legally convicted and dis franchised by a court of competent jurisdiction who shall before the expiration of his term of disfranchisement, vote or offer to vote, at any general or special election or town meeting, within this State, shall, upon indictment and conviction thereof in a court of competent jurisdiction, be confined in the penitentiary for a term of years not less than one nor more than ten.
SEC. 256. Whoever is disorderly at any electoin shall forfeit a sum not exceeding $25.
SEC. 257. Whoever bets or wagers any money, property or other valuable thing upon the result of an election which may be held under the Constitution or laws of this State, or bets or wagers money, property or other valuable thing upon the number of votes which may be given to any person at an election, or upon who will receive the greatest number of votes at an election, or agrees to pay any other person any money, property or other valuable thing in the event that an election shall result in one way, or in the event that any person shall or shall not be elected, or shall receive a greater number of votes than others, upon conviction thereof he shall be fined in a sum not exceeding $1,000, or imprisoned in the county jail not exceeding one year, or both, in the discretion of the court.
SEC. 258. Any person or corporation who shall refuse to an employee the privilege of absenting himself two hours from service or employment for the purpose of voting, as provided in this Act, or shall subject an employee to a penalty or deduction of wages because of the exercise of such privilege, or who shall directly or indirectly violate the provisions of this section, shall be deemed guilty of a misdemeanor and be fined in any sum not less than $5 or more than $100.
SEC. 259. Whoever shall, willfully and wrongfully, take or carry away from the place where it has been deposited for safe keeping, or deface, mutilate or change any poll book, ballot or tally list, or any name or figure therein, shall, on conviction, be fined in a sum not exceeding $1,000.00, or imprisoned in the county jail not exceeding one year, or both, in the discretion of the court.
SEC. 260. Any person who shall, prior to an election, wilfully take down or destroy any list of voters posted by any board of registration, or any list of candidates posted in accordance with the provisions of this Act, or who, during an election, shall wilfully deface, tear down, remove or destroy any card of instructions or specimen ballot printed and posted for the instruction of voters, or who shall, during an election, wilfully remove or destroy any of the supplies or conveniences furnished to enable voters to prepare their ballots, or shall wilfully hinder the voting of others, shall be punished by a fine of not less than $10.00 nor more than $100.00.
SEC. 261 Any person who shall falsely make or wilfully destroy any certificate of nomination or nomination papers, or any part thereof; or any letter of withdrawal or file any certificate of nomination or nomination papers, knowing the same or any part thereof to be falsely made, or suppress any certificate of nomination or nomination paper, or any part thereof, which has been duly filed, or forge or falsely make the official endorsement on any ballot, or shall take from the polling place any official ballot or substitute therefor any spurious or counterfeit ballot, or make, use, circulate or cause to be made or circulated as an official ballot any paper printed in
imitation or resemblance thereof, or wilfully destroy or deface any ballot, or wilfully delay the delivey of any ballots, shall be punished by a fine not less than $100.00 and not exceeding $1,000.00, or by imprisonment in the penitentiary not less than one year and not exceeding five years, or by both such fine and imprisonment.
SEC. 262. No person whatever shall do any electioneering or soliciting of votes on election day within any polling place or within 100 feet of any polling place; no person shall interrupt, hinder or oppose any voter while approaching the polling place for the purpose of voting. Whoever shall violate the provisions of this section shall be punished by a fine of not less than $25.00 nor more than $100.00 for each and every offense; and it shall be the duty of the judges of election to enforce the provisions of this section. SEC. 263. Any voter who shall, except as herein otherwise provided, allow his ballot to be seen by any person with an apparent intention of letting it be known how he is about to vote, or who shall make a false statement as to his inability to mark his ballot, or any person who shall interfere, or attempt to interfere, with any voter when inside such enclosed space, or when marking his ballot, or who shall endeavor to induce any voter before voting to show how he marks or has marked his ballot, shall be punished by a fine of not less than five dollars nor more than one hundred dollars, and it shall be the duty of the election judges to enforce the provisions of this section.
SEC. 264. If any person shall wilfully or corruptly ascertain or publish or reveal how any elector voted at an election, he shall, on conviction thereof, be fined in any sum not exceeding $1,000, or imprisoned in the county jail not exceeding one year, or both, in the discretion of the court.
SEC. 265. If any judge of any election shall permit a person to vote, whose vote is challenged, without the proof required in this Act; or
Second-Shall knowingly and wilfully permit a person to testify as a witness contrary to the provisions of this Act; or
Third-Shall knowingly permit a person to vote who is not qualified according to law; or
Fourth-Shall knowingly receive and count more than one vote from the same person at the same election for the same office, except as allowed by law; or
Fifth-Shall refuse to receive the vote of a qualified elector at such election who will make the affidavit and proof required by this Act; or
Sixth-Shall be guilty of any fraud, corruption, partiality or manifest misbehavior; or
Seventh-Shall open or unfold any ballot when the same is presented to be deposited in the ballot box; or
Eighth-Shall wilfully neglect to perform any of the duties required of him by this Act, shall, on conviction thereof, be fined in a sum not exceeding $1,000 or imprisoned in the county jail not exceeding one year, or both, in the discretion of the court.
SEC. 266. If any judge or clerk of election shall wilfully or corruptly ascertain by comparison of the poll book with the ballot, or shall allow any other person to ascertain by such comparison or otherwise, or shall wilfully publish or reveal how any elector voted at an election, he shall, on conviction thereof, be fined in any sum not exceeding $1,000, or imprisoned in the county jail not exceeding one year, or both, in the discretion of the court.
SEC. 267. If any clerk of an election shall wilfully neglect to perform any duty required of him as clerk of election, or shall be guilty of fraud, corruption or misbehavior as such clerk, he shall, on conviction, be fined in a sum not exceeding $500 or imprisoned in the county jail not exceeding six months, or both, in the discretion of the court.
SEC. 268. If any judge, clerk or messenger, after having been deputed by the judges of election to carry the poll books, tally list, and votes of such election to the place where, by law, they are required to be canvassed, wilfully or negligently fails to deliver such poll books, tally list or ballots within the time prescribed by law, with the seal unbroken, he shall, upon conviction, be fined in a sum not exceeding $500, or imprisoned in the county jail not exceeding six months, or both, in the discretion of the court.
SEC. 269. If the county, city, village, incorporated town, or town clerk wilfully neglects or refuses to perform any duty required of him by this