Page:1887 Compiled Laws of Dakota Territory.pdf/1077

Elective Franchise. any disorderly violence, or threats of violence, whereby any election is impeded or hindered, or whereby the lawful proceedings of the judges or canvassers at such election, in the discharge of their duty, are interfered with, is guilty of a misdemeanor.

§ 6281. Whenever at an election any person refuses to obey the lawful command of the board of judges, or by any disorderly conduct in their presence interrupts or disturbs their proceedings, they may make an order directing the sheriff, or any constable of the county, or one or more special constables to be appointed by them, to take the person so offending into custody, and detain him until the final canvass of the votes shall be completed. But such order shall not prohibit the person taken into custody from voting at the election.

§ 6282. The fact that any person, offending against the provisions of the preceding section, was taken into custody and detained, as therein authorized, forms no defense to a prosecution for the offense committed, under any provisions of this code.

§ 6283. Every person who wilfully breaks or destroys, on the day of any election, or before the canvass is completed, any ballot box used, or intended to be used, at such election, or defaces, injures, destroys or conceals, any ballot which has been deposited in any ballot box at an election, and has not already been counted or canvassed, or any poll list used, or intended to be used, at such election, is guilty of a felony.

§ 6284. Every clerk of the poll at any election, who wilfully keeps a false poll list, or knowingly inserts in his poll list any false statement, is guilty of a misdemeanor.

§ 6285. Every judge of an election who wilfully excludes any vote duly tendered, knowing that the person offering the same is lawfully entitled to vote at such election, or who wilfully 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 wilfully 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.

§ 6286. Every judge of any election, member of any board of canvassers, messenger or other officer authorized to take part in or perform any duty in relation to any canvass or official statement of the votes east at any election, who wilfully 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 wilfully defaces, destroys or conceals any statement or certificate entrusted to his care, is guilty of a misdemeanor.

§ 6287. Every person who gives or offers a bribe to any judge, clerk, canvasser, or other officer of an election, as a consideration for some act done or admitted to be done contrary to his official duty in relation to such election, shall be punished by fine not exceeding five hundred dollars, and imprisonment in the county jail not exceeding six months.

§ 6288. Any person guilty of either of the offenses mentioned in sections 6255 and 6256 shall thereafter be forever disfranchised and rendered ineligible to any office of trust or profit within the territory, including that of delegate to congress.

§ 6289. No person shall be excused from testifying upon a prosecution for an offense mentioned in section 6256, upon the