himself or by any other person on his behalf, give, lend, or agree to give or lend, or shall offer or promise any money or valuable consideration or promise or endeavor to procure any money or valuable consideration to or for any voter, or to or for any person on behalf of any voter, or to or for any person in order to induce any voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid, on account of such voter having voted or refrained from voting for any person, candidate or ticket at any public election in this state;

Second, 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 or promise any of fice, place, or employment, or promise to procure or to endeavor to procure any office, place, or employment to or for any voter, or to or for any other person in order to induce such voter to vote or refrain from voting, or shall corruptly do any such act as aforesaid, on account of any voter having voted or refrained from voting for any person, candidate or ticket, at any such election;

The offer or

office, etc.

promise of

ment of others

Third, Every person who shall, directly or indirectly, by The employhimself or by any other person on his behalf, make any gift, to corrupt loan, offer, promise, procurement, or agreement, as aforesaid, voters. to or for any person, in order to induce such person to procure or endeavor to procure the election of any person to any public office in this state, or the vote of any voter at any such election;

ceive gift, etc.

Fourth, Every person who shall upon, or in consequence of Who shall reany such gift, loan, offer, promise, procurement, or agreement, procure or engage, promise or endeavor to procure the election of any person or persons to any public office or offices in this state, or the vote of any voter at any such election; Fifth, Every person who shall advance, or pay, or cause to who shall adbe paid any money to, or to the use of, any other person, for bribery of with the intent that such money or any part thereof shall be a voter. expended in bribery at any such election, or who shall knowingly pay or cause to be paid any money to any person in. discharge or repayment of any money, wholly or in part, expended in bribery at any such election.

vance money

ceding sec

election ex

(390) 11448. SEC. 2. Any person offending, according Penalty for to the provisions of the preceding section, shall be deemed violating preguilty of a misdemeanor, and on conviction thereof shall be tions." punished by a fine of two hundred dollars; but the bona fide payment by any candidate for office or other person for the fair and reasonable cost of printing tickets and slips or past- Legitimate ers, and of advertising in the newspapers or by posters any penses. political meeting, and the reasonable and bona fide expenses of holding such meetings and procuring speakers, and getting out the people to the same, of obtaining and distributing papers and tickets and of bringing voters out to the polls; shall be held to be expenses lawfully incurred, and the payment thereof shall not be a contravention of this act.

Others

(391) § 11449. SEC. 3. The following persons shall also deemed guilty be deemed guilty of bribery and on conviction thereof shall be punished as prescribed in the preceding section:

of bribery.

Person who

First, Every voter who shall, before or during any election, or refrain from directly or indirectly, by himself or by any other person on

offers to vote

voting for

money, etc.

Person who

receives

money, etc.

his behalf, ask, solicit, receive, agree or contract for any money, gift, loan or valuable consideration, office, place, or employment for himself or any other person, for voting or agreeing to vote, or for refraining or agreeing to refrain from voting for any person, candidate, or ticket at any public election in this state;

Second, Every person who shall after any election, directly after election or indirectly, by himself or by any other person on 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 to refrain from voting for any person, candidate, or ticket at any such election.

When candidates shall not provide

(392) § 11450. SEC. 4. No candidate for any public office shall corruptly, by himself, or by or with any person, or refreshments. by any other way or means on his behalf, at any time, either before or during an election, directly or indirectly give or provide, or cause to be given or provided, or shall be accessory to the giving or providing, or shall pay wholly or in part any expenses incurred for any meat, drink, refreshment, or provision to or for any person, in order to be elected or for being elected, or for the purpose of corruptly influencing such person or any other person to give or refrain from giving his vote at such election; and every person so offending shall be deemed guilty of corrupt practice, and on conviction thereof shall be fined not less than twenty-five or more than two hundred dollars.

Penalty.

When others

vide refreshments.

(393) § 11451. SEC. 5. The giving or causing to be shall not pro- given to any voter on any election day, on account of such voter being about to vote, or having voted, any meat, drink, or refreshment, or any money or ticket to enable such voter to procure refreshment, shall be deemed a corrupt practice, and persons convicted thereof shall be punished as provided in the preceding section.

Intimidation of voter.

Penalty.

(394) § 11452. SEC. 6. Any person who shall directly or indirectly discharge or threaten to discharge any person who may be in his employ for the purpose of influencing his vote at any election in this state, and any priest, pastor, curate or other officer of any religious association or society, who shall impose or threaten to impose any penalty of excommunication, dismissal or expulsion, or who shall command or advise, under pain of religious disapproval, for the purpose of influencing any voter at an election in this state, shall be deemed guilty of corrupt practice, and on conviction thereof shall be punished as provided for in section four of this act.

candidate who

(395) § 11453. SEC. 7. If any candidate for any public Election of office at any election in this state shall commit bribery, or commits any corrupt practice, as defined in this act, the election of bribery void. such candidate, if he has been elected, shall be void, and if he shall enter into the office for which he was elected, an information in the nature of a quo warranto to oust him from such office, may be filed in the supreme court, or the proper circuit court, under chapter two hundred and twenty-five of the compiled laws of eighteen hundred and seventy-one: Pro- Proviso. vided, Such bribery or corrupt practice shall be proved by at least two witnesses.

Chap. 225 referred to is Chap. 275, C. L. 1897.

corrupt vote for U. S. senator.

of legislator

(396) § 11454. SEC. 8. Any person who shall, directly Attempt to or indirectly, by himself, or by any other person on his be half, offer or promise any office, place or employment under the government of the United States, or promise to procure, or to endeavor to procure any such office, place or employment, to or for any member of the legislature, or to or for any other person, in order to induce such member of the legislature to vote or refrain from voting for any person for the office of United States senator from this state, or shall corruptly do any such act as aforesaid, on account of any member of the legislature having voted or refrained from voting as aforesaid, shall be deemed guilty of a felony, and on conviction Penalty. thereof shall be punished by imprisonment in the state prison for a period not exceeding five years, or by a fine not exceeding one thousand dollars.

liquor, sale of, on election

ited.

(397) § 11455. SEC. 9. It shall be unlawful for any per- Spirituous son to sell, barter, or give away any spirituous, vinous or malt liquors, on the day of any election held within this state, day, prohibunder the constitution or laws thereof; and it shall be the duty of all mayors of cities, presidents of villages, and supervisors of townships, within five days previous to the days of election as aforesaid, to issue a proclamation, warning the inhabitants of the provisions of this act, and that all violations of the same will subject the offender to prompt and speedy punishment, and requiring sheriff's, marshals, constables, and police officers to close, and it shall be the duty of such officers to close all houses or places found violating the provisions of this act, and to report forthwith all violations of this act, to the prosecuting attorney and mayor, president or supervisors aforesaid, and whose duty it shall be to immediately prosecute such violations of this act. Any person who shall Penalty or violate any of the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, and costs of prosecution, and on failure to pay such fine and costs, shall be imprisoned in the county jail not less than ten days, nor more than ninety days, or both such fine and imprisonment, in the discretion of the court.

sale of.

Unlawful to sell liquor after polls close.

(398) § 11456. SEC. 10. It shall be deemed a violation of this act and of the preceding section to sell, barter, or give away spirituous, vinous or malt liquors on any election day after the hour at which, by law, the polls are closed.

Certain actions a misdemeanor.

Oath of in

spectors, etc., who to administer.

Challenge of voters.

Who to ad

minister oath.

PROTECTION OF PRIMARIES AND CONVENTIONS.

An Act to protect primary elections and conventions of political parties and to punish offenses committed thereat.

[Act 303, P. A. 1887.]

The People of the State of Michigan enact:

(399) § 11457. SECTION 1. If at any political primary election held by any political party, organization or association in this state, any person shall falsely personate and vote under the name of any other person, or shall intentionally vote without the right to do so at such primary, or shall fraudulently and wrongfully conceal or destroy ballots cast, or in any manner intentionally and wrongfully deposit ballots in the ballot box, or take them therefrom, or shall commit any other fraud or wrong, tending to defeat or affect the result of the election, he shall be deemed guilty of a misde

meanor.

(400) § 11458. SEC. 2. The presiding officer and inspectors at any such election shall, before entering upon their duties, severally sign and swear to an oath in the form now required of inspectors at general elections, said oath to be taken before the clerk of the township, village or city in which such election is held, or an alderman of the ward in which said election is held, or any notary public, or any other person qualified under the state to administer an oath. The vote or ballot of any person offered at such election shall, upon challenge by any lawful voter thereat, be rejected, unless he be sworn as to his qualifications as such voter; and the presiding officer or any inspector of such primary is hereby empowered, and it shall be his duty, to administer an oath to such person and to any other persons offering to vote, as he may deem advisable, to the effect that he will true answers make to such questions as shall be put to him touching his qualifications as a voter and his right to vote. He may then be examined as to such qualifications and right to When vote to vote. If he shall swear to the necessary qualifications of a voter, as prescribed by the regulations of the association or political organization holding the primary or convention, his vote shall be received. If the person so sworn and examined shall intentionally swear falsely as to his qualifications as a voter he shall be deemed guilty of perjury, and shall on con

be received.

Penalty for false swear

ng.

viction, be punished as now prescribed by law for the crime of perjury.

Am. 1899, Act 198.

of inspectors,

(401) § 11459. SEC. 3. If any person acting as in- Certain acts spector, teller or canvasser at any such primary election shall etc., a misknowingly receive the vote of any individual who shall have demeanor. been challenged, or who is known to him not to be entitled by the regulations of the association holding the primary election to vote at such primary, unless the same shall be first sworn in as aforesaid, or shall in any manner fraudulently and wrongfully deposit or put any ballots into, or take any from the ballot box of said primary election, or shall fraudulently and wrongfully mix any ballots with those cast at said primary election, or shall knowingly make any false count, canvass, statement, certificate or return of the ballots cast or vote taken at any such primary election he shall be deemed guilty of a misdemeanor.

After several ineffectual attempts to elect a temporary chairman of a nominating convention, a like number of votes being cast for each of the opposing candidates, the vote of one of the delegates was challenged on the ground that the vote in the caucus at which he claimed to have been elected was a tie, and that thereupon the matter was determined between the contesting candidates as follows: A bystander drew from his pocket a handful of coins, and the candidates made their choice of odd or even, and a counting of the coins resulted in favor of the sitting delegate. The chair thereupon appointed a committee on credentials, who reported that the sitting delegate was not entitled to his seat in the convention. And it is held that the appointment of such committee was proper and that their determination is fully sustained by authority.-Beck v. Election Commissioners, 103/192.

misdemeanor.

(402) § 11460. SEC. 4. If any person elected a delegate Certain acts at any such primary or convention shall accept or receive of delegate a any money or valuable thing as a consideration for his vote as such delegate he shall be [deemed] guilty of a misde

meanor.

election,

(403) § 11461. § 11461. SEC. 5. The words "primary election," "Primary as used in this act, shall be construed so as to embrace all how elections held by any political party, convention, organization construed. or association, or delegates therefrom, for the purpose of choosing candidates for office or the election of delegates to other conventions, or for the purpose of electing officers of any political party, organization, convention or association.

vote.

(404) § 11462. SEC. 6. No person shall be entitled to Who may vote at any primary election unless of the age of twenty-one years and a duly qualified elector of the state.

for offenses.

(405) § 11463. SEC. 7. The punishment of any of the of Punishment fenses in this act declared to be misdemeanors shall be a fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or both such fine and imprisonment, in the discretion of the court.

tion not to be

(406) § 11464. SEC. 8. No primary election shall be Primary elecheld in a saloon, barroom, or in any place adjacent to a room held in saloon, or place where intoxicating liquors are sold. Polling places etc. at primary elections may be so arranged that the ballots may