§19-3  Election frauds.  The followingpersons shall be deemed guilty of an election fraud:

(1)  Every person who, directly or indirectly,personally or through another, gives, procures, or lends, or agrees or offersto give, procure, or lend, or who endeavors to procure, any money or office orplace of employment or valuable consideration to or for any elector, or to orfor any person for an elector, or to or for any person in order to induce anyelector to vote or refrain from voting, or to vote or refrain from voting forany particular person or party, or who does any such act on account of anyperson having voted or refrained from voting for any particular person at anyelection;

(2)  Every person who advances or pays, or causes tobe paid, any money to, or to the use of, any other person, with the intent thatthe money, or any part thereof, shall be expended in bribery at any election,or for any purpose connected with or incidental to any election; or whoknowingly pays or causes to be paid any money to any person in the discharge orrepayment of any money wholly or partly expended in bribery at any election, orfor any purpose connected with or incidental to any election;

(3)  Every elector who, before, during or after anyelection, directly or indirectly, personally or through another, receives,agrees, or contracts for any money, gift, loan, or valuable consideration,office, place, or employment for oneself or any other person for voting oragreeing to vote, or for refraining to vote or agreeing to refrain from voting,or for voting or refraining to vote for any particular person or party;

(4)  Every person who, directly or indirectly,personally or through another, makes use of, or threatens to make use of, anyforce, violence, or restraint; or inflicts or threatens to inflict any injury,damage, or loss in any manner, or in any way practices intimidation upon oragainst any person in order to induce or compel the person to vote or refrainfrom voting, or to vote or refrain from voting for any particular person orparty, at any election, or on account of the person having voted or refrainedfrom voting, or voted or refrained from voting for any particular person orparty; or who by abduction, distress, or any device or contrivance impedes,prevents, or otherwise interferes with the free exercise of the electivefranchise;

(5)  Every person who, at any election, votes orattempts to vote in the name of any other person, living or dead, or in somefictitious name, or who, having once voted, votes or attempts to vote again, orknowingly gives or attempts to give more than one ballot for the same office atone time of voting;

(6)  Every person who, before or during an election,knowingly publishes a false statement of the withdrawal of any candidate at theelection;

(7)  Every person who induces or procures any personto withdraw from being a candidate at an election in consideration of anypayment or gift or valuable consideration; or of any threat; and everycandidate who withdraws from being a candidate in pursuance of such inducementor procurement;

(8)  Every public officer by law required to do orperform any act or thing with reference to any of the provisions in any lawconcerning elections who wilfully fails, neglects, or refuses to do or performthe same, or who is guilty of any wilful violation of any of the provisionsthereof;

(9)  Any person wilfully tampering or attempting totamper with, disarrange, deface, or impair in any manner whatsoever, or destroyany voting machine while the same is in use at any election, or who, after themachine is locked in order to preserve the registration or record of anyelection made by the same, tampers or attempts to tamper with any votingmachine; and

(10)  Every person who, directly or indirectly,personally or through another, wilfully designs, alters, accesses, or programsany electronic voting system to cause the system to inaccurately record, tally,or report votes cast on the electronic voting system. [L 1970, c 26, pt of §2;gen ch 1985; am L 1989, c 88, §2; am L 2005, c 200, §2]

 

Case Notes

 

  "Or who wilfully performs it in such a way as to hinderthe objects thereof" in section void for vagueness.  67 H. 398, 688 P.2d1152.

  Preclearance under Voting Rights Act not prerequisite forenforcement of this section.  68 H. 516, 722 P.2d 453.