SEC. 2085. Officers accepting bribes-punishment.-Every judge or justice of any court, justice of the peace, member of the legislature, or officer or employe thereof, and any other public officer of this state, or of any county or city, town or township thereof, who shall, directly or indirectly, accept or receive any gift, consideration, gratuity or reward, or any promise or undertaking to make the same: First, under any agreement that his vote, opinion, judgment or decision shall be given for any particular person, or in any particular manner, or upon any particular side, or more favorable to one side than the other, in any question, election, matter, cause or proceeding which may be pending or be brought before him in his official capacity, or that he shall neglect or omit to perform any official duty, or perform the same with partiality or favor, or otherwise than according to law; or, second, in consideration that he has given his vote, opinion, judgment or decision for any particular person, or in any particular manner, or upon any particular side, or more favorably to one side than the other, in any question, election, matter, cause or proceeding, or has neglected or omitted to perform any official act or duty, or performed such act or duty with partiality or favor, or. in anywise contrary to law, shall be deemed guilty of bribery, and punished as prescribed in the next preceding section. (R. S. 1889, § 3717.)

SEC. 2086. Bribing officer to appoint to office, etc.-Every person who shall, directly or indirectly, give or engage to give any sum of money or other valuable consideration, gratuity or reward, to any officer: First, with intent to influence or induce such officer to give or procure for him or any other, by his act, interest, influence or other means whatever, any appointment, office or place of trust, or any preferment, or emolument, or assist, by any means whatsoever, to procure the same; or, second, in consideration of any office or appointment, preferment, or emolument, act, interest or influence, or any aid or assistance, in procuring or attempting to procure such appointment, office or place of trust, or any emoluments, shall, on conviction, be adjudged guilty of bribery, and punished by imprisonment in the penitentiary for a term not exceeding seven years. (R. S. 1889, § 3718-c.)

SEC. 2087. Officer accepting bribe to make appointments, etc.— Every officer who shall, directly or indirectly, accept or receive of another any sum of money or other valuable consideration, gratuity or reward, or any promise or security thereof: First, upon any agreement to give or procure by his act, interest or influence or other means, any appointment, office or place of trust, or any preferment or emolument, or to aid or assist in procuring the same for another person; or second, in consideration of any office or appointment, place or preferment, or emolument, or any act, interest or influence, aid or assistance, by any means, in procuring or attempting to procure any such appointment, office, place of trust, preferment or emolument, shall, on conviction, be adjudged guilty of bribery, and punished as prescribed in the next preceding section. (R. S. 1889, § 3719.)

SEC. 2088. Accepting office procured by bribery.-Every person who shall take, accept, receive or obtain, directly or indirectly, any office, appointment or place of trust, preferment or emolument, by the act, influence, aid or assistance of another, upon any agreement or consideration mentioned in either of the four preceding sections, and every person who shall take, accept or receive any aid or assistance in obtaining or attempting to obtain, or any promise or untaking to procure such office, appointment, place of trust, preferment or emolument, for

(c) Indictment. 96 Mo. 120.

himself or another, shall be deemed guilty of bribery, and punished in the same manner as if he had received money upon a like agreement or consideration. (R. S. 1889, § 3720.)

SEC. 2089. Attempting to bribe officer in cases mentioned in preceding sections. If any person shall, by any of the means mentioned in the preceding sections of this article, or otherwise, offer or attempt to bribe any officer or other person, in any of the cases hereinbefore mentioned, he shall, on conviction, be punished by imprisonment in the penitentiary for a period not exceeding five years, or by imprisonment in the county jail for a term not exceeding one year and a fine not less than one thousand dollars. (R. S. 1889, § 3721.)

SEC. 2090. Bribery to procure office. If any person shall, directly or indirectly, give or procure to be given, or engage to give, any money, gift or reward, or any office, place or employment upon any engagement, contract or agreement, that the person to whom, or to whose use, or on whose behalf, such gift or promise shall be made, shall, by himself or any other, procure or endeavor to procure the election of any person to any office, at any election by the electors, or any public body, under the constitution or laws of this state, the person so offending shall, on conviction, be adjudged guilty of bribery, and punished by imprisonment in the penitentiary for a term not exceeding five years. S. 1889, § 3722.)

(R.

SEC. 2091. Accepting bribe to procure office.-Every person who shall, by himself or another, to his use or on his behalf, accept or receive any such money, gift or reward, office, place or employment, or any promise or security therefor upon any such engagement, contract or agreement as specified in the preceding section, shall be adjudged guilty of bribery, and shall forfeit the full amount of such money, gift or reward, and shall, moreover, be punished by imprisonment in the penitentiary for a term not exceeding five years. (R. S. 1889, 3723.)

SEC. 2092. Accepting bribe by voter.-If any person who shall have or claim to have, a right to vote in any election authorized to be held by the constitution or laws of this state, shall ask, receive or take any money or other reward, by way of gift, loan or other device, or agree or contract for any money, gift, office, employment, or other reward whatsoever, to give his vote, or refuse or forbear to give his vote, in any such election, the person so offending shall, on conviction, be adjudged guilty of a misdemeanor. (R. S. 1889, § 3724.)

SEC. 2093. Offering bribe to voter.-If any person, by himself, or any person employed by him, shall, by any gift or reward, office or employment, or by any promise, agreement or security therefor, corrupt or procure, or attempt to corrupt or procure, any person who shali have or claim to have a right to vote at any election, to give or forbear to give his vote at such election, the person so offending shall, on conviction, be adjudged guilty of a misdemeanor. (R. S. 1889, § 3725.)

SEC. 2094. Bidding for office.-Any person, being a candidate for election to any office of honor, trust or profit, in this state, who shall offer or promise to discharge the duties of such office for a less sum than the salary, fees or emoluments of said office, as fixed by the laws of the state, or who shall promise to pay back or donate to any public or private interest any portion of such salary, fees or emoluments, as an inducement to voters at such election, shall, on conviction thereof, be deemed guilty of a misdemeanor, and shall be fined in a sum of

not less than fifty dollars nor more than five hundred dollars, or imprisonment in the county jail for a period of not less than ten days nor more than six months, or by both such fine and imprisonment, and shall in addition forfeit the office to which he may have been elected at such election. (R. S. 1889, § 3726-d.)

SEC. 2095. Selling office.-Every person holding or exercising any office or public trust under the constitution or laws of this state who shall, for any reward or gratuity or any valuable consideration, paid or agreed to be paid, directly or indirectly, grant, bargain or sell such office or any deputation thereof, or grant the right or authority to discharge any of the duties thereof to another, shall on conviction be punished by imprisonment in the penitentiary not exceeding five years, or by imprisonment in a county jail not exceeding one year, or by fine not exceeding one thousand dollars, or by both such fine and imprisonment. (R. S. 1889, § 3727.).

SEC. 2096. Assessment of candidates.—Any person or association of persons who shall assess, demand or receive, from any candidate for any state, county or municipal office, any sum or sums of money, or who shall attempt, carry out or participate in any fraud upon such candidate, in consideration of his or their influence, or for money, shall be deemed guilty of a misdemeanor, and adjudged guilty of a misdemeanor. Nothing herein shall be construed to prohibit candidates and others from voluntarily contributing influence and money for political purposes, or to prevent the regularly constituted campaign committees of political parties from making assessments for legitimate campaign expenses. (R. S. 1889, § 3728.)

SEC. 2097. Buying office.-Every person who shall give, or make any agreement to give, any money, property, right in action or other gratuity or reward, in consideration of any such bargain, grant or deputation of an office, or any part thereof, shall, upon conviction, be punished as prescribed in the last preceding section. (R. S. 1889, § 3729.)

SEC. 2098. Preceding sections construed.-Sections 2095 and 2097 shall not be construed to extend to the appointment of a deputy by any officer authorized by law to have a deputy, so that no gratuity. or reward be paid or agreed to be paid for such deputation. (R. S. 1889, 3730.)

SEC. 2099. Grant of office void.-Every grant or deputation of office made contrary to the foregoing provisions shall be void; but all official acts done before conviction under this law by any deputy of an officer authorized to make such appointment shall be valid. (R. S. 1889, § 3731.)

SEC. 2100. Oppression in office.-Every person exercising or holding any office of public trust who shall be guilty of willful and malicious oppression, partialty, misconduct or abuse of authority in his official capacity or under color of his office, shall, on conviction, be deemed guilty of a misdemeanor. (R. S. 1889, § 3732—e.)

SEC. 2101. Fraud in office.-Every officer or public agent of this state, or of any county, who shall commit any fraud in his official capac

(d) Unlawful for candidate for office to offer to perform duties of office for less than fees allowed by law. 72 Mo. 13.

(e) Indictment, 74 A. 313. Conduct of officer must be shown to be willful and corrupt. 2 Mo. 23; 8 Mo. 148, 254; 41 Mo. 210; 50 Mo. 362, 419; 22 Mo. 318; 57 Mo. 243; 122 Mo. 355; 119 Mo. 383; 63 A. 620; 59 A. 590; 31 A. 57; 74 A. 313.

ity or under color of his office, shall be adjudged guilty of a misdemeanor. (R. S. 1889, § 3733-f.)

SEC. 2102. Conviction, effect of.-Every person who shall be convicted of any of the offenses mentioned in the preceding sections of this article shall be forever disqualified from holding any office of honor, trust or profit under the constitution and laws of this state, and from voting at any election; and every officer who shall be convicted of any official misdemeanor or misconduct in office, or of any offense which is by this or any other statute punishable by disqualification to hold office, shall, in addition to the other punishment prescribed for such offenses, forfeit his office. (R. S. 1889, § 3734.)

SEC. 2103. Exacting illegal fees. Every officer who shall, by color of his office, unlawfully and willfully exact or demand or receive any fee or reward to execute or do his duty, or for any official act done or to be done, that is not due, or more than is due, or before it is due, shall, upon conviction, be adjudged guilty of a misdemeanor. (R. S. 1889, § 3735-g.)

SEC. 2105. Punishment for misdemeanor in office.-Every officer or person holding any trust or appointment, who shall be convicted of any willful misconduct or misdemeanor in office, or neglect to perform any duty enjoined on him by law, where no special provision is made for the punishment of such misdemeanor, misconduct or negligence, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment. (R. S. 1889, § 3737-h.)

SEC. 2108. Usurping office. If any person shall take upon himself any office or public trust in this state, and exercise any power to do any act appertaining to such office or trust, without a lawful appointment or deputation, he shall, upon conviction, be adjudged guilty of a misdemeanor. (R. S. 1889, § 3740.)

SEC. 2110. Intimidating voters. If any person, by menaces, threats or force, or by any other unlawful means, either directly or indirectly, attempt to influence any qualified voter in giving his vote, or to deter him from giving the same, or disturb or hinder him in the free exercise of his right of suffrage, at any election held under the constitution or laws of this state, the person so offending shall, on conviction thereof, be adjudged guilty of a misdemeanor. (R. S. 1889, § 3742.)

SEC. 2111. Defrauding voters.-Any person who designedly gives a printed or written ticket to any qualified voter of this state, containing the written or printed names of persons for whom said voter does not design to vote, for the purpose of causing such voter to poll his vote contrary to his known wishes, shall, on conviction, be adjudged guilty of a misdemeanor. (R. S. 1889, § 3743.)

SEC. 2112. Circulating fraudulent tickets.-Any person who shall cause to be printed and circulated or who shall circulate any false and fraudulent tickets, which upon their face appear to be designed as a fraud upon voters, shall, upon conviction, be deemed guilty of a misdemeanor. R. S. 1889, § 3744.)

SEC. 2113. Importing fraudulent voters.—Any person who shall

(f) Indictment. 24 A. 227; 119 Mo. 383; 122 Mo. 355; 68 Mo. 179.

(g) Indictment. 62 A. 33. Statute construed. 45 Mo. 492; 119 Mo. 383. Extortion by constable. 47 Mo. 416. St. Louis court of criminal correction has no jurisdiction of this offense. 45 Mo. 492.

(h) 119 Mo. 383; 59 A. 590.

bring into this state any person or persons resident in another state, with intent that such person so imported shall vote at any election within this state before they shall possess the requisite qualifications, shall, on conviction, be adjudged guilty of a misdemeanor. (R. S. 1889, § 3745.)

SEC. 2114. Fraudulent voting.-Every person who shall, at any election held in pursuance of the laws of this state, or of any city or other municipality thereof, vote more than once, either at the same or a different place, or shall knowingly cast more than one ballot, or shall vote at any such election knowing that he is not a qualified voter and is not entitled to vote, and every person who shall knowingly advise or procure any person to vote who is not entitled to vote, or shall knowingly advise or procure any illegal vote to be cast at any such election, shall be deemed guilty of a felony, and upon conviction, shall be punished by imprisonment in the penitentiary not exceeding five years, or by imprisonment in the county jail not exceeding one year, or by a fine of not less than fifty dollars, or by both such fine and imprisonment. (R. S. 1889, § 3746-i.)

SEC. 2115. Attempt to cast illegal vote.-Every person who shall attempt to vote at any election held in pursuance of the laws of this state, or in any city or other municipality thereof, knowing that he is not entitled to vote at such election, shall be deemed guilty of a misdemeanor. (R. S. 1889, § 3747.)

SEC. 2116. Fraud by judges and clerks of election.—If any judge or clerk of any election authorized by law, or any other person, shall willfully and knowingly receive and place in the ballot-box, or aid, assist or assent to the placing in any ballot-box, any ballot, or paper purporting to be a ballot, which is not legally voted by a qualified voter at such election, or shall illegally, willfully and fraudulently abstract, or aid in or assent to the abstraction, from any ballot-box any legal ballot for the purpose of changing the lawful result of any election, or shall in any manner willfully influence or attempt to influence any person to do any of the acts aforesaid, or to omit to do any lawful act required by him in relation to any election, or shall in any manner illegally, willfully and fraudulently change or attempt to change, or induce any other person to change, the true and lawful result of any election, by any act to be done either before, at the time of or after such election, by a wrong count of the ballots, by changing the true returns or making a false return thereof, or by changing the figures of the returns after they are made up, either before or after the returns are duly made, or in any other manner except in pursuance of law or the order of a court, every person offending against any of the provisions of this section shall, upon conviction, be punished by imprisonment in the penitentiary not exceeding five years, or by imprisonment in the county jail not less than three months, and by a fine not less than one hundred dollars, or by both such fine and imprisonment, and shall also be forever prohibited from voting at any election and from holding any office or position of trust or emolument under authority of this state, or any department thereof, or of any county, city or town therein, either by election or appointment, or as clerk or employe. (R. S. 1889, § 3748-j.)

SEC. 2117. Fraud in casting up returns.-Any person who may be authorized by law to receive, canvass or count the poll-books, tailylists or election returns of any election authorized by law, who shall

(i) 132 Mo. 297.

(j) Indictment must aver that defendant was a judge or clerk. 134 Mo. 282, 275.