OF ELECTIONS.

inspector to

SECTION 36. Every inspector of election who shall will- Failure of fully exclude any vote duly tendered, knowing that the perform his person offering the same is lawfully entitled to vote at such duty. election, or shall willfully receive a vote from any person who has been duly challenged in relation to his right to vote at such election without exacting from such person such oath or other proof of qualification as may be required by law, or who shall willfully omit to challenge any person offering to vote whom he knows or suspects not to be entitled to vote, and who has not been challenged by any other person, shall upon conviction thereof be adjudged guilty of a misdemeanor and shall be punished by imprisonment in the county jail for Penalty. not more than two years, or by a fine of not more than two hundred dollars, or both.

officers mak

vass or en

SECTION 37. Every inspector of election, member of the Election Department of Elections, poll clerk, or other officer author- ing false canized to take part in or perform any duty in relation to any tries, &c. canvass or official statement of the votes cast at any election, who shall willfully make any false canvass of such votes, or shall make, sign, publish or deliver any false returns of such election, or any false certificate or statement of the result of such election, knowing the same to be false, or who shall willfully deface, destroy or conceal any statement or certificate intrusted to his care or custody, shall, on conviction. thereof, be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail not more than Penalty. two years, or by a fine of not more than two hundred dollars, or both.

voting by in

SECTION 38. If any person, other than an inspector of Fraudulent election, shall at any election knowingly and willfully put or spectors, &c. cause to be put any ballot or ballots or other paper having the semblance thereof into any box used at such election for the reception of votes, or if any such inspector shall knowingly and willfully cause or permit any ballot to be in said box at the opening of the polls and before voting shall have commenced, or shall knowingly or willfully or fraudulently put any ballot or other paper having the semblance thereof into any such box at any such election, unless the same shall be offered by an elector and his name shall have been found and checked upon the registers, as hereinbefore provided, or if any such inspector or other officer, or person shall fraudulently, before, during or after the canvass of ballots, in any manner change, substitute or alter any ballot,

Penalty.

Willful ne

glect of duty

officers.

OF ELECTIONS.

or shall remove any ballot or semblance thereof from, or add any ballot or semblance thereof to the ballots found in any box upon the closing of the polls, every such person shall upon conviction thereof be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not more than two years, or by a fine of not more than two hundred dollars, or both.

SECTION 39. If any member of the Department of Elecby election tions, any inspector of election, poll clerk, or other officer of registration, election or canvass, of whom any duty is required in this act, or by the general election laws of this State (so far as the same are consistent with the provisions of this act), shall be guilty of any willful neglect of such duty, of any corrupt or fraudulent conduct or practice in the execution of the same, he shall, on conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not more than two years, or by a fine of not more than two hundred dollars, or both.

Penalty.

Stealing or secreting

SECTION 40. Every inspector of election, poll clerk, or records, reg. Other officer or person having the custody of any record, registers, &c. ister of votes, or copy thereof, oath, return of votes, certificate, poll list, or any paper, document, or evidence of any description in this act directed to be made, filed or preserved, who is guilty of stealing, willfully destroying, mutilating, defacing, falsifying, or fraudulently removing or secreting the whole, or any part thereof, or who shall fraudulently make any entry, erasure, or alteration therein, except as allowed and directed by the provisions of this act, or who permits any other person to do so, shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished for each and every such offense by imprisonment in the county jail not exceeding two years, or by a fine of not more than two hundred dollars, or both.

Penalty.

Abetting offenses named in Sec. 40.

Penalty.

SECTION 41. Every person not an officer, such as is mentioned in the last preceding section, who is guilty of any of the acts specified in said section, or who advises, procures, or abets the commission of the same, or of any of them, shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and for each and every such offense shall be punished by imprisonment in the county jail not exceeding two years, or by a fine of not more than two hundred dollars, or both.

OF ELECTIONS.

SECTION 42. Any person who shall be convicted of Perjury. willful false swearing or affirming in taking any oath or affirmation prescribed by or upon any examination provided for in this act shall be adjudged guilty of perjury.

of perjury.

SECTION 43. Every person who shall willfully or cor- Subornation ruptly instigate, advise, induce, or procure any person to swear or affirm falsely, as aforesaid, or attempt or offer so to do, shall be adjudged guilty of subornation of perjury, and shall, upon conviction thereof, suffer the punishment directed by law in cases of perjury.

with ballots

SECTION 44. If any person shall fraudulently change or Tampering alter the ballot of any elector, or substitute one ballot for and voters. another, or fraudulently furnish any elector with a ballot containing more than the proper number of names, or shall intentionally practice any fraud upon any elector to induce him to deposit a ballot as his vote and to have the same thrown out and not counted, or to have the same counted for a person or candidate other than the person or candidate for whom such elector intended to vote, or otherwise defraud him of his vote, every such person shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not more than two years, or by a fine of not more than two hundred dollars, or both.

inspectors.

SECTION 45. If any person shall willfully disobey any Disobeying lawful command of any inspector of election, or of any board of inspectors of election, given in the execution of his or their duty as such at any election, he shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail Penalty. for not more than one year, or by a fine of not more than two hundred dollars, or both.

peace,

violence,

threats, &c.

SECTION 46. If at any registration or revision of regis- Breach of tration of voters or on any day of election, or during the violenc canvass of the votes cast thereat, any person shall cause any breach of the peace or use any violence or threats of violence, whereby any such registration, revision of registration, election or canvass shall be impeded or hindered, or whereby the lawful proceedings of any inspector of election, or board of inspectors of election, or poll clerk or other officer of such election, or challenger, as hereinbefore provided, are interfered with, every such person shall, upon

Penalty.

Obstruction, bribery and assault.

Penalty.

Neglect or refusal to

serve.

Penalty.

Stealing or destroying

&c.

OF ELECTIONS.

conviction thereof be adjudged guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not more than two years, or by a fine of not more than two hundred dollars, or both.

SECTION 47. If any person shall knowingly or willfully obstruct, hinder, assault, or by bribery, solicitation or otherwise interfere with any inspector of election, poll clerk or challenger in the performance of any duty required of him, or which he may by law be authorized or permitted to perform; or if any person by any other means before mentioned or otherwise unlawfully, shall on the day of registration, revision of registration, or of election, hinder, or prevent any inspector of election, poll clerk or challenger in his free attendance and presence at the place of registration or of election in the election district in and for which he is appointed to serve, or in his full and free access and egress to and from any such place of registration or election, or to and from any room where any such registration or election, or canvass of votes, or of making any returns or certificates thereof, may be had, or shall molest, interfere with, remove or eject from any such place of registration, or poll of election, or of canvassing ballots, cast thereat, or of making the returns or certificates thereof, any such inspector of election, poll clerk or challenger, or shall unlawfully threaten or attempt or offer so to do, every such person shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for not more than two years, or by a fine of not more than two hundred dollars, or both.

SECTION 48. Any inspector of election who shall willfully neglect, or when called on shall willfully decline to exercise the powers conferred on him in this act for any of the purposes set forth in Section 27 of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by imprisonment in the county jail for not more than one year or by a fine of not more than two hundred dollars, or both.

SECTION 49. If any person shall steal, or willfully break ballot box, or destroy any ballot box used or intended to be used at any election, or shall willfully or fraudulently conceal, secrete, or remove any such box from the custody of the inspectors of election, or shall alter, deface, injure, destroy or conceal any

OF ELECTIONS.

ballot which has been deposited in any ballot-box at such election, or any poll list used or intended to be used at such election, or any report, return, certificate, or other evidence. in this act required or provided for, shall, on conviction thereof, be adjudged guilty of a misdemeanor, and shall for each and every such offense be punished by imprisonment in Penalty. the county jail for not more than two years, or by a fine of not more than two hundred dollars, or both.

decision.

SECTION 50. If, in any election district, in any registra- Majority tion, or revision of registration of voters, or at any election hereafter held in said city, any inspector of election, or poll clerk, shall knowingly or willfully admit any person to registration, or make any entry upon any register of voters or poll books, or receive any vote, or proceed with a canvass of ballots, or shall consent thereto, unless a majority of the inspectors of election in said election district are present and concur, he shall, upon conviction thereof, be adjudged guilty of a misdemeanor, and shall be punished by imprisonment Penalty. in the county jail for not more than sixty days, or by a fine of not more than one hundred dollars, or both.

ties and

SECTION 51. Irregularities or defects in the mode of Irregularinoticing, canvassing, polling or conducting any election defects. authorized by this act shall constitute no defense to a prosecution for a violation of the provisions of this act.

SECTION 52. Upon any prosecution for procuring, offer- Prosecution. ing or casting an illegal vote, the accused may give in evidence any fact tending to show that he honestly believed upon Evidence. good reason that the vote complained of was a lawful one.

Attorney

SECTION 53. It is hereby made the special duty of the Duty of Attorney-General of the State of Delaware to immediately General. prosecute all complaints which may be made of a violation. of any of the provisions of this act to final judgment; and it shall be the duty of the Department of Elections to notify the said Attorney-General of all violations under this act.

acts re

SECTION 54. That all laws or parts of laws heretofore Inconsistent passed inconsistent with any of the provisions of this act be pealed. and the same are hereby repealed.

Passed at Dover, May 13, 1891.