41

OFFENSES AGAINST SOVEREIGNTY OF STATE. §§ 37-8

TITLE III.

Of Offenses against the Sovereignty of the State.

§ 37. Treason, who only can commit.

§ 38. Misprision of treason.

37. Treason against this State consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, and can be committed only by persons owing allegiance to the State. The punishment of treason shall be death.

Treason against a State is an offense at common law-2 Arch. Cr. Pr. 893, and is so recognized in the Constitution of the United Statessee Const. U. S. art. iv, § 2 (2).

Citizens of a State owe allegiance to such State-2 Cranch, 82; 2 Kent, 42. Even though they be alien residents-2 Dall. 370; 5 Wheat. 76. See Desty's Crim. Law, § 66 a.

Levying war, what constitutes-2 Burr. Tr. 401; 2 Dall. 86; id. 346; 1id. 35; 4 Cranch, 75; 2 Wall. Jr. 129; 11 Johns. 549. See Desty's Crim. Law, § 66 b.

Adhering to enemies.-What it embraces-see Desty's Crim. Law, § 66 c. Punishment for treason-see Desty's Crim. Law, § 68 a.

38. Misprision of treason is the knowledge and concealment of treason, without otherwise assenting to or participating in the crime. It is punishable by imprisonment in the State prison for a term not exceeding five years.

Misprision of treason, what constitutes-see Desty's Crim. Law, § 66 d.

TITLE IV.

Of Crimes against the Elective Franchise.

$ 41. Violation of election laws by certain officers a felony.

§ 42. Fraudulent registration a felony.

§ 43. Refusal to be sworn or to answer board of judges.

§ 44. Refusal to obey summons of board.

$45. Fraudulent voting.

§ 46. Attempting to vote without being qualified.

§ 47. Procuring illegal voting.

§ 48. Changing ballots or altering returns by election officers.

$ 49. Inspectors unfolding or marking tickets.

50. Forging or altering returns.

§ 51.

Adding to or subtracting from votes given.

§ 52. Persons aiding and abetting.

§ 53. Intimidating, corrupting, deceiving, or defrauding electors. § 54. Furnishing money for elections.

§ 55.

Offers to procure offices for electors.

§ 56. Communicating such offer.

$ 57. Bribing members of legislative caucuses, etc.

§ 58. Preventing public meetings.

§ 59. Disturbance of public meetings.

§ 60. Betting on elections.

§ 61. Violation of election laws by persons not officers.

§ 62. Violation of election laws as to tickets.

41. Every person charged with the performance of any duty, under the provision of any law of this State relating to elections, who willfully neglects or refuses to perform it, or who, in his official capacity, knowingly and fraudulently acts in contravention or violation of any of the provisions of such laws, is, unless a different punishment for such acts or omissions is prescribed by this Code, punishable by fine not exceeding one thousand dollars, or by imprisonment in the State prison not exceeding five years, or by both.

Offenses by election officers-see Desty's Crim. Law, § 70 j.

42. Every person who willfully causes, procures, or allows himself to be registered in the great register of any county, knowing himself not to be entitled to such registration, is punishable by a fine not exceeding one thousand dollars, or by imprisonment in the county jail or State prison not exceeding one year, or by both. In all cases where, on the trial of a person charged with any offense under the provisions of this section, it appears in evidence that the accused stands registered in the great register of any county, without being qualified for such registration, the court must order such registration to be canceled.

Fraudulent registration is a misdemeanor-8 Blatchf. 48. See Rev. Stat. U. S. § 5512.

43. Every person who, after being required by the board of judges at any election, refuses to be sworn, or being sworn, refuses to answer any pertinent question, propounded by such board, touching the right of another to vote, is guilty of a misdemeanor. [Approved March 30th, in effect July 1st, 1874.]

44. Every person summoned to appear and testify before any board of registration, who willfully disobeys such summons, is guilty of a misdemeanor.

45. Every person not entitled to vote, who fraudulently votes, and every person who votes more than once at any one election, or knowingly hands in two or more tickets folded together, or changes any ballot after the same has been deposited in the ballot-box, or adds, or attempts to add, any ballot to those illegally polled at any election, either by fraudulently introducing the same into the ballot-box before or after the ballots therein have been counted; or adds to, or mixes with, or attempts to add to or mix with, the ballots lawfully polled, other ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election; or carries away or destroys, or attempts to

carry away or destroy, any poll-lists, or ballots, or kallotbox, for the purpose of breaking up or invalidating such election, or willfully detains, mutilates or destroy any election returns, or in any manner so interferes with the officers holding such election or conducting such ca vass, or with the voters lawfully exercising their rights on voting at such election, as to prevent such election or canvass from being fairly held and lawfully conducted, is guilty of a felony.

Right to vote, not dependent on citizenship-see Desty's Crim. Law, § 70 C.

State has exclusive power to regulate the right of suffrage-43 Cal. 43; 1 Hughes, 448; 11 Blatchf. 200; 53 Pa. St. 112; 1 McAr. 169.

Illegal voting-see Desty's Crim. Law, § 70 e.

Voting twice-see id. § 70 f. When a person is so drunk as not to be able to form an intent, he cannot be convicted-29 Cal. 678. The act must be done knowingly-id.

46. Every person not entitled to vote, who fraudulently attempts to vote, or who, being entitled to vote, attempts to vote more than once at any election, is guilty of a misdemeanor.

Attempts to defraud.-As by personating another who has lived, but is at the time dead-14 Low. Can. Rep. 435; Russ. & R. 324; Rex v. Craup, id.327; and it is not necessary that the false personation should prove successful-12 Week. Rep. 310.

47. Every person who procures, aids, assists, counsels, or advises another to give or offer his vote at any election, knowing that the person is not qualified to vote, is guilty of a misdemeanor.

43. Every officer or clerk of election who aids in changing or destroying any poll-list, or in placing any ballots in the ballot-box, or taking any therefrom, or adds, or attempts to add, any ballots to those legally polled at such election, either by fraudulently introducing the same into the ballot-box before or after the ballots therein have been counted, or adds to or mixes with, or attempts to add to or mix with the ballots polled any other ballots, while the same are being counted or canvassed, or at any other time, with intent to change the result of such election, or allows another to do so, when in his power to prevent

it, or carries away or destroys, or knowingly allows another to carry away or destroy any poll-list, ballot-box, or ballots lawfully polled, is punishable by imprisonment in the State prison for not less than two nor more than seven years.

49. Every inspector, judge, or clerk of an election, who, previous to putting the ballot of an elector in the ballot-box, attempts to find out any name on such ballot, or who opens or suffers the folded ballot of any elector which has been handed in to be opened or examined previous to putting the same into the ballot-box, or who makes or places any mark or device on any folded ballot with the view to ascertain the name of any person for whom the elector has voted, or who, without the consent of the elector, discloses the name of any person which such inspector, judge, or clerk has fraudulently or illegally discovered to have been voted for by such elector, is punishable by fine, not less than fifty nor more than five hundred dollars.

50. Every person who forges or counterfeits returns of an election purporting to have been held at a precinct, town, or ward where no election was in fact held, or willfully substitutes forged or counterfeit returns of election in the place of the true returns, for a precinct, town, or ward where an election was actually held, is punishable by imprisonment in the State prison for a term not less than two nor more than ten years.

Certificate.-Making a false certificate of the result of an election is a misdemeanor-2 Dill. 219; S. C. 19 Am. Law Reg. 737.

51. Every person who willfully adds to or subtracts from the votes actually cast at an election, in any returns, or who alters such returns, is punishable by imprisonment in the State prison for not less than one nor more than five years.

52. Every person who aids or abets in the commission of any of the offenses mentioned in the four preceding sec