Page:1864-65 Territory of Dakota Session Laws.pdf/59

Rh been counted, or canvassed, or any poll list used or intended to be used at such election, is guilty of a felony.

Sec. 88. Every clerk of the poll at any election, who will fully keeps a false poll list, or knowingly inserts in his poll list any false statement, is guilty of a misdemeanor.

Sec. 89. Every judge of an election who willfully excludes any vote duly tendered, knowing that the person offering the same is lawfully entitled to vote such election, or who willfully receives 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 willfully omits to challenge any person offering to vote whom he knows or suspects not to be duly entitled to vote, and who has not been challenged by any other person, is guilty of a misdemeanor.

Sec. 90. Every judge of any election, member of any board, of canvassers, messenger or other officer authorized to take part in or peform any duty in relation to any canvass or official statement of the votes cast at any election, who willfully makes any false canvass of such votes, or makes, signs, publishes or delivers any false return of such election, knowing the same to be false, or willfully defaces, destroys or conceals any statement or certificate entrusted to his care, is guilty of a misdemeanor.

Sec. 91. The word “election," as used in this chapter, designates only elections had within this territory for the purpose of enabling electors, as such, to choose some public officer or officers under the laws of this territory, or of the United States.

Sec. 92. Irregularities or defects in the mode of noticing, convening, holding or conducting an election authorized by law, form no defense to a prosecution for a violation of the provisions of this chapter.

Sec. 93. But nothing in this chapter shall be construed to authorize the punishment of any persons who, by authority of law, may interfere to prevent or regulate an election which has been unlawfully noticed or convened, or is being, or is about to be, unlawfully conducted.

Sec. 94. Every act which by the provisions of this chapter