Sec. 7053. Whoever procures, aids, assists, counsels, or advises another to go or come into any county for the purpose of giving his vote in such county, knowing that the person is not duly qualified to vote in such county shall be imprisoned in the penitentiary not more than five years nor less than one year. [39 v. 13, § 10.] elector who can not read. Sec. 7054 Whoever furnishes an elector who cannot Deceiving an read, with a ticket, informing him that it contains a name different from those which are written or printed thereon, with intent to induce him to vote contrary to his inclination, or fraudulently or deceitfully changes the ballot of any elector, by which such elector is prevented from voting for such candidate as he intended, shall be imprisoned in the penitentiary not more than three years nor less than one year. [39 v. 13. § 12.] Sec. 7055. Whoever, either before or after the procla- Fraudulent mation is made at the opening of the polls, fraudulently puts voting. a ballot or ticket into the ballot box, or whoever personates any other person real or fictitious, living or dead, and votes or attempts to vote in the name of such other person as an elector in any precinct in this state, shali be imprisoned in the penitentiary not less than two years nor more than five years. [980. L. 226.] Sec. 7056 A judge of any election who, after the counting of votes commences as required by law, postpones the counting of votes cast at such election, or adjourns for any time or to any place, or removes the ballot-box from the place of voting or from the custody or presence of all the judges of such election, shall be fined not more than one thousand nor less than one hundred dollars, and imprisoned not more than ten days. [69 v. 58, §§ 1. 2.] Sec. 7057. A judge of any election who knowlingly permits any ballot or ticket, fraudulently, placed in the ballot-box, if the same can be designated, to be counted with the le zal votes cast at such election, shall be imprisoned in the penitentiary not more than three years nor less than one year. 169 v. 52, § 21.] Sec. 7058. A judge of an election who knowingly receives, or sanctions the reception of a vote from any person not having all the qualifications of an elector prescribed by law, or receives, or sanctions the reception of, a ballot from any person who refuses to answer any question put to him in accordance with the requirements of the laws of this state relating to elections, or refuses to take the oath prescribed by the laws aforesaid, or refuses, or sanctions the refusal of any other judge of the election board to which the judge belongs, to administer any oath required by the laws aforesaid to be administered, or refuses to receive, or sanction the rejection of, a ballot from any person, knowing him to have all the qualifications of Judges posting, adjourn ing, or remov poning, count ing ballot-box. Judges of election knowing fraud ingly count ulent votes. Misconduct of officers of election; how punished. Unlawfully obtaining, or attempting to obtain possession of ballot box or ballots. Penalty for destroying ballot-box, ballots, or poll-books. Penalty for fraudulent writing on poll-books or tally sheets. an elector prescribed by law, or refuse, if requested, to permit the respective candidates at such an election, or not exceeding three of the friends of each of such candidates, to be present in the room where the judges are during the time of receiving and counting out the ballots; and a judge or clerk of an election, on whom any duty is enjoined by the laws of this state relating to elections, who wilfully neglects any such duty, or is guilty of any corrupt conduct in the execution of the same, shall be fined not more than one thousand nor less than three hundred dollars, and imprisoned not more than six nor less than three months. [73 v. 157; 77 v. 267.] Sec. 7059. Whoever, at any election, unlawfully, either by force, fraud, or other improper means, obtains, or attempts to obtain, possession of any ballot-box, or any ballots therein deposited, while the voting at such election is going on, or before the ballots are duly taken out of such ballot-box and enumerated by the judges of election. according to law, shall be imprisoned in the penitentiary not more than three years nor less than one year. [53 v. 59, §§ 1, 3.] Sec. 7060. Whoever shall, from the time any ballots are cast or voted until the time has expired for using the same as evidence in any contest of election, unlawfully destroy, or attempt to destroy, any ballot-box or poll-book used at any election; or shall, within the same time, unlawfully destroy, falsify, mark, or write on any ballot cast or voted; or shall, within the same time, unlawfully change, alter, erase or tamper with any name contained on any ballot cast or voted shall be imprisoned in the penitentiary not more than five years nor less than one year. [78 v. 30.] Sec. 7061. Whoever shall, from the time any ballots are cast or voted until the time has expired for using the same as evidence in any contest of election, wilfully and with fradulent intent, inscribe, write, or cause to be inscribed or written, in or upon any poll-book, tally-sheet, or list, lawfully made or kept at any election in, or upon any book or paper purporting to be such, or upon any electior returns, or upon any book or paper containing the same, the name of any person not entitled to vote at such election, or not voting thereat, or any fictitious name, or within the same time, shall wrongfully change, alter, erase, or tamper with any name word, or figure contained in such poll-book tally-sheet, list, book or paper; or falsify, mark, or write on such poll-book, tally-sheet, list, book or paper in any manner whatsoever, such act or acts being done with intent to defeat, hinder, or prevent a fair expression of the will of the people at such election, shall be imprisoned in the penitentiary not more than three years nor less than one year. [78 v. 30.] tered poll sheets with books or tallyfraudulent intent. Sec. 7062. Whoever has in his possession any falsely Possession of made, altered, forged, or counterfeited poll-book, tally- forged or alsheet, or list, or election returns, of any election, knowing the same to be falsely made, altered, forged, or counterfeited, with intent to hinder, defeat, or prevent a fair expression of the popular will at such election, shall be imprisoned in the penitentiary not more than three years nor less than one year. [67 v. 51, § 2.] Sec. 7063. Whoever, at any election, marks the ballot of any elector, or hands a marked ballot to him to vote, with intent to ascertain how he voted, or prints for distribution any ballot contrary to the provisions of law; or distributes to an elector, or knowingly votes, any ballot printed or written contrary to the provisions of law, shall be fined not more than fifty dollars, and imprisoned not more than ten days. [65 v. 138. § 3; 71 v. 31, § 2.] Marking bal lots, or printing, distributing or voting ballots unlawfully written or printed. Sec. 7066. Prosecutions under sections seven thousand Prosecutions. and thirty-nine to seven thousand and sixty-five, inclusive, must be commenced within two years after the commission of the act complained of. [98 Ó. L. 227.] PRIMARY ELECTIONS. Sec. 2016. When any voluntary political association or party in any county, township or municipal corporation, by a vote of a majority of its executive or controlling committee, certified under oath by its chairman and secretary, shall cause notice of the holding of a primary election for the selection of party candidates, committeemen, delegates, or alternates to any party convention to be published, and shall make application therefor to the deputy state supervisors of elections or board of deputy state supervisors and inspectors of elections as the case may be, of such county, all as hereinafter provided, such primary election shall be held and conducted under the provisions of this chapter. [97 v. 439.] Where voluntary primaries are held by a political party for the nomination of candidates for public office, the executive committee of such party in its call for the primary has authority to prescribe the qualifications of voters at such primary election. The committee in taking such action should be governed by the customs and usages of the party in making nominations of candidates. Its regulations should be reasonable so as to afford an opportunity to all electors of the political party to cast their votes at such election. L. 6-28-06. See note to Sec. 2966-3, as to "Executive Committee." Sec. 2017. Such notice shall be ordered and such application made not less than ten days prior to the time fixed for the holding of such primary election, and such notice and application shall state the purpose, time, manner and conditions of the holding of such primary election, and shall prescribe the qualifications not inconsistent with 174 Registration cities. Notice when Conduct of the provisions of this chapter, of the persons to vote at such election; provided, however, in cities where registration of electors is required by law, none but registered electors shall be permitted to participate in such primary election, and the deputy state supervisors of elections, or board of deputy state supervisors and inspectors of elections as the case may be, when so requested in such notice and application, shall, prior to such primary election, make such provision as shall be reasonable for the transfer upon. the registration books and the registration of all persons. who may qualify themselves to vote at the next general election to be held after such primary election; and provided, further, that such primary election shall be held at the regular polling places in each of the voting precincts in such county, township or municipal corporation, and shall continue for a period of not less than three consecutive hours, and shall close not later than seven o'clock p. m. [97 v. 439.] The expenses of the deputy state supervisors in making such provision as shall be reasonable for the transfer upon the registration books, and the registration of all persons who may qualify themselves to vote at the next general election to be held after such primary, should be paid out of the county treasury as other Where the primary is held within a registration county expenses. city for the purpose of nominating candidates for municipal officers. such expenses should be paid out of the City Treasury as other expenses. L. 8-1-06. The primary election law does not apparently apply to district primaries, but it seems clear that where the committee of a party in the several counties of the district agree to hold such primaries for the nomination of a candidate for a district office, they may do so, in which case the result in each county may be determined by the proper canvassing board, and the result certified to the board of deputy state supervisors of elections of the most populous county of the district. The latter board should then proceed to canvass the returns of all the counties of the district, declare the result, and issue certificates of nomination to the successful candidates. It should also certify the result of the primary to the other boards In such case the cost of the conduct of such of the district. primary within each county should be paid by the proper authorities of the county as other county expenses are paid. L. 9-18-06. See note to Sec. 2966-3, as to "rightful executive committee." Sec. 2918. At least ten days previous to any such élection such notice shall be published in a newspaper printed and of general circulation in such county; but the publication shall not be required in any county in which no newspaper is printed; the notice shall also be posted in at least three public places in each precinct within the territory in which the election is to be held. [97 v. 439.] Sec. 2919. Subject to the provisions of such notice. such primary election shall be under the exclusive control and supervision of the deputy state supervisors of elections or board of deputy state supervisors and inspectors of elections as the case may be, of such county, who shall provide all ballots, poll-books, tally and summary sheets, other blanks and things necessary, and assign to each polling place two competent electors to act as judges and one competent elector to act as clerk of such primary election; provided, however, that such judges and clerks shall be of the political faith of the party holding such primary election and shall, whenever practicable, be the regular election officers. Such primary elections shall be conducted as required by the laws governing the conduct of general elections so far as the same may be applicable. The penalties provided for fraudulent voting in the sections of the Revised Statutes from seven thousand and thirty-nine to seven thousand and sixty-six, inclusive, shall be enforced for the same offenses at primary elections; and the judges and clerks shall be charged with the same powers and duties and be subject to the same penalties as the judges and clerks of general elections. At the close of each primary election, the judges and clerks shall forthwith proceed to count the votes cast and make return thereof to the deputy state supervisors of elections, or board of deputy state supervisors and inspectors of elections as the case may be, who together with the chairman of the executive or controlling committee ordering such primary election, shall constitute a canvassing board and shall canvass the returns of such primary election, determine all matters relative thereto and certify the result of such primary election to the executive or controlling committee ordering such primary election. Ties, if any there be, shall be determined by lot by such canvassing board. Provided, however, that for the purpose of determining the election of any candidate voted for in a single voting place only, the judges and clerks in charge of such voting place shall constitute such canvassing board, and shall have full power to declare the result and shall forthwith issue proper credentials of election. Judges and clerks shall be paid two dollars each for every such election and any judge or clerk delivering the returns as aforesaid to the deputy state supervisors of elections, or board of deputy state supervisors and inspectors of elections as the case may be, shall be allowed five cents a mile for the distance travelled by him in delivering same, and returning to his home. Deputy state supervisors of elections and deputy state supervisors and inspectors of elections shall each receive fifty cents per precinct and clerks of such boards seventyfive cents per precinct for such elections; provided, however, that the total compensation of such officers shall not exceed the maximum of compensation otherwise provided by law. The expenses of municipal primary elections shall be defrayed by the municipality in which the same is held. The expense of all other primary elections shall be defrayed by the county. The deputy state supervisors of |