Miscellaneous.

U. S. SENATORS.

Election of U. S. senators. Section 94u. Senators in congress shall hereafter be elected as provided by the statutes of the United States. The meeting of the senate and assembly in joint convention shall be held in the hall of the assembly. Each member shall vote viva voce upon a call of the roll, and such votes shall be entered upon the journal of the convention. The president of the senate and speaker of the assembly shall cause a statement in duplicate of the result of such election to be made under their hands, certifying who has been chosen such senator; one of which statements they shall deliver to the governor, to be filed and recorded in the executive office, and the other they shall deliver to the secretary of state, who shall file and record the same in his office. In case the president of the senate and speaker of the assembly or either of them shall neglect or refuse to execute and deliver such statement, the chief clerk of the senate or of the assembly, respectively, shall make and deliver, as aforesaid, such statement in duplicate, setting forth the whole number of votes given on the final ballot and the number thereof received by each person then voted for.

Certificate. Section 94v. Immediately thereafter the governor shall certify the election of such senator under the great seal to the president of the senate of the United States, and the secretary of state shall countersign such certificate.

PENAL PROVISIONS.

Bribery at elections.

Section 4478. The following persons shall

be deemed guilty of bribery at elections:

1. Every person who shall, directly or indirectly, by himself or by any other person on his behalf, give, lend, or agree to give, or lend, or offer, promise or promise to procure or endeavor to procure any money or valuable consideration, to or for any voter, to or for any person on behalf of any voter, or to or for any other person in order to induce any voter to vote or refrain from voting, or do any such act as aforesaid, corruptly, on account of such voter having voted or refrained from voting at any election.

2. Every person who shall, directly or indirectly, by himself or by any other person on his behalf, give or procure, or agree to give or procure, or offer, promise or endeavor to procure any office, place of employment, public or private, to or for any voter, or to or for any person on behalf of any voter, or to or for any other person in order to induce such voter to vote or refrain from voting, or do any such act as aforesaid, corruptly, on account of any voter having voted or refrained from voting at any election.

3. Every person who shall, directly or indirectly, by himself or by any other person on his behalf, make any such gift, loan, offer, promise, procurement or agreement as aforesaid to or for any person in order to induce such person to procure or endeavor to procure the election of any person to a public office, or the vote of any voter at any election.

4. Every person who shall, upon or in consequence of any such gift, loan, cffer, promise, procurement or agreement, procure, or engage, promise or endeavor to procure the election of any person to a public office or the vote of any voter at any election.

5. Every person who shall advance or pay or cause to be paid any money to or for the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any election, or who shall knowingly pay or cause to be paid any money wholly or in part expended in bribery at any election.

Penalty. And any person so offending shall be punished by imprisonment in the state prison for a term of not less than six months nor more than two years; provided, that the foregoing shall not be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses authorized by law and bona fide incurred at or concerning any election.

Same subject. Section 4478a. The following persons shall also be deemed guilty of bribery at elections:

1. Every voter who shall, before or during any election, directly or indirectly, by himself or by any other person on his behalf, receive, agree or contract for any money, gift, loan or valuable consideration,

office, place of employment, public or private, for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any election.

2. Every person who shall, after any election, directly or indirectly, by himself or by any other person in his behalf, receive any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting at any election; and any voter or other person so offending shall be punished by imprisonment in the county jail not less than one month nor more than one year.

Use of threats, etc. Section 4480. Every person who shall, directly or indirectly, by himself or by, any other person on his behalf, make use of or threaten to make use of any force, violence or restraint in order to induce or compel any person to vote or refrain from voting at any election, or who shall, by abduction, duress or any fraudulent device or contrivance, impede or prevent the free exercise of the franchise at any election, or shall thereby compel, induce or prevail upon any elector either to give or refrain from giving his vote at any election for or against any particular candidate or measure, shall be punished by imprisonment in the county jail not less than one month nor more than one year.

Office obtained by bribery, vacant. Section 4481. Any person who shall obtain any office or shall have been elected to any office at any election, at which election he shall have induced or procured any elector to vote for him for such office by bribery, shall be disqualified from holding said office, and he shall be ousted therefrom, and said office shall be deemed and held vacant, to be filled by election or appointment as other vacancies, according to law.

Illegal voting; fraudulent registration. Section 4543. Any person who shall vote at any general or special election, town meeting or election, school meeting or election, city, village or charter election, not having the requisite qualifications and residence as a legal voter, or having no right to vote by reason of disfranchisement or other disqualification at the time and place of such election, or who shall cause or procure his registration by any board of registry as a legal voter in any election district, when he shall not at the time have the requisite qualifications to entitle him to be registered in such district, or who shall wilfully make any false statement not under oath to the inspectors of any election or to any board of registry when offering to vote or to be registered as a voter in any election district in respect to his qualifications or residence as a voter in such district, or who shall cause or procure his name to be registered as a voter in more than one election district for one and the same election, or who shall falsely personate another person registered as a voter in any election district, or who shall vote more than once at the same election, or who shall procure, aid, assist, counsel or advise another to do any act herein before specified shall be punished by imprisonment in the state prison not more than three years nor less than one year or in the county jail not more than one year, or by fine not exceeding two hundred dollars. It shall be the duty of the election board to post a copy of this law in a conspicuous place in the election booth prior to the holding of said election. (1905 c. 313)

Personation of elector. Section 4543a. A person shall, for all purposes of this section, be deemed guilty of the offense of personation who, at any election held pursuant to the laws of this state, applies for a ballot paper in the name of some other person, whether

that name be of a person living or dead, or of a fictitious person, or who, having voted once at any election, applies at the same election for a ballot paper in his own name or any other name; and any person who commits the offense of personation or who aids, abets, counsels or procures the commission of that offense shall be punished by imprisonment in the state prison for a term of not less than two years nor more than five years.

Section

Contributions to aid nominations, etc., of legislators. 4543b. No person shall, directly or indirectly, give, subscribe, promise or pay or agree to pay any sum of money or thing of value to procure or aid in procuring the nomination or election of any person to the senate or assembly of this state unless the person so making such subscription, promise, payment or agreement is a citizen or bona fide resident of the district in which such other person is or seeks to be chosen, voted for or elected; provided, that this provision shall not apply to the payment by any person participating in a campaign of his own personal expenses therein nor to the promise or payment, otherwise lawful, of any sum to any political committee in the state or in any district or region thereof, of which the promisor or payor is a citizen or resident, for general lawful purposes and without any agreement or understanding, express or implied, that it be used or applied to the procuring of the nomination or election of any person or persons in particular to said senate or assembly. Any person offending against the provisions of this section shall be punished by imprisonment in the county jail not less than one month nor more than one year.

Accounts of expenditures by candidates. Section 4543c. Every person who shall be a candidate before any convention or at any primary or election to fill an office for which a nomination paper or certificate of nomination may be filed, shall within thirty days after the election held to fill such office, make out and file with the officer empowered by law to issue the certificate of election to such office or place, a statement in writing, subscribed and sworn to by such candidate, setting forth in detail each item in excess of five dollars in money or property contributed, disbursed, expended or promised by him and to the best of his knowledge and belief, by any other person or persons for him or in his behalf, wholly or in part, in endeavoring to secure or in any way in connection with his nomination or election to such office or place, or in connection with the election of any other person at said election, the dates when, and the persons to whom, and the purpose for which all said sums were paid, expended or promised, and the total aggregate sum paid, expended or promised by such candidate in any sum or sums whatever. Such statement shall also set forth that the same is as full and explicit as affiant is able to make it. An exact duplicate of such statement shall in like manner and within the same time be filed with the register of deeds for the county in which such candidate resides. Any person failing to comply with this section shall be punished by a fine of not less than twenty-five dollars or more than five hundred dollars. (1905 c. 502)

Blanks for statements to be furnished. Section 4543c-1. It is hereby made the duty of every officer empowered by law to issue certificates of election, or with whom nomination papers for any primary or election or certificates of nomination for any election are required to be filed, within five days after the holding of an election to fill any office, to forward to all candidates for whom nomination papers or certificates of nomination shall have been filed for such election, or the primary preceding the same, duplicate blanks for making the statement required by the preceding section. Upon the expiration of sixty

days from the time of holding any election, each such officer shall make out a list of all candidates who shall have failed to file with him the statement required by the preceding section, duplicates of which statement shall forthwith be transmitted by him to the district attorney and the county clerk of the county within which such candidate resides. Such county clerk shall at the expense of the county cause such list to be published at least once in the official county paper, and also provide the blanks required by this section. The persons mentioned in section 4080 shall upon demand administer any oath required by the preceding section and certify thereto without charge. Any person failing to comply with this section shall be punished by a fine of not less than twenty-five dollars or more than five hundred dollars. It shall be the duty of the district attorney to examine all statements filed and institute prosecutions for the violation of this and the preceding section. (1905 c. 502)

Disbursements by committees. Section 4543d. Every two or more persons who shall be elected, appointed or chosen by a political convention or caucus for the purpose, wholly or in part, of raising, collecting or disbursing money or of controlling or directing the raising, collection or disbursement of money for election purposes, and shall undertake such duty shall be deemed a political committee within the meaning of this and the three following sections. Every such committee shall appoint and constantly maintain a treasurer to receive, keep and disburse all sums of money which may be collected, received or disbursed by such committee or by any of its members for any of the purposes mentioned in this section for which such committee exists or acts. Every member of such committee who shall keep or disburse any money collected or received for the purposes herein mentioned, without the same having been first paid and made to pass through the hands of such treasurer, or who shall fail to pay over to such treasurer all money received or collected by him for such parposes shall be punished by imprisonment in the county jail for not less than two months nor more than six months.

Treasurer's accounts. Section 4543e. Every treasurer of a political committee and every person who shall at any time act as such treasurer shall, whenever he receives or disburses money as such treasurer or for or on account of any of the objects or purposes mentioned in section 4543d, immediately enter and thereafter keep in a proper book or books to be provided and preserved by him a full, true and detailed statement and account of each and every sum of money so received by him, setting forth in such statement the sum so received or disbursed, as the case may be, and the date when and the person for whom received and to whom paid, and the object and purpose for which the sum was received or disbursed.

Statement of accounts. Section 4543f. Every treasurer of a political committee and every person who shall act as such treasurer shall, within thirty days after each and every election, whether state. county, city, municipal, township or district, in or concerning or in connection with which he shall have received or disbursed any money for any of the objects or purposes mentioned in section 4543d, prepare and file in the office of the register of deeds of the county in which such treasurer or person lives a full, true and detailed account and statement, subscribed and sworn to by him, setting forth each and every sum of money received or disbursed by him for any of the objects or purposes mentioned in said section, within the period of ninety days before such election and ending on the day on which such statement is filed, the date of each receipt and each disbursement, the name of the