§19-3  Election frauds.  The following
persons 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 offers
to give, procure, or lend, or who endeavors to procure, any money or office or
place of employment or valuable consideration to or for any elector, or to or
for any person for an elector, or to or for any person in order to induce any
elector to vote or refrain from voting, or to vote or refrain from voting for
any particular person or party, or who does any such act on account of any
person having voted or refrained from voting for any particular person at any
election;



(2)  Every person who advances or pays, or causes to
be paid, any money to, or to the use of, any other person, with the intent that
the 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 who
knowingly pays or causes to be paid any money to any person in the discharge or
repayment of any money wholly or partly expended in bribery at any election, or
for any purpose connected with or incidental to any election;



(3)  Every elector who, before, during or after any
election, 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 or
agreeing 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, any
force, violence, or restraint; or inflicts or threatens to inflict any injury,
damage, or loss in any manner, or in any way practices intimidation upon or
against any person in order to induce or compel the person to vote or refrain
from voting, or to vote or refrain from voting for any particular person or
party, at any election, or on account of the person having voted or refrained
from voting, or voted or refrained from voting for any particular person or
party; or who by abduction, distress, or any device or contrivance impedes,
prevents, or otherwise interferes with the free exercise of the elective
franchise;



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



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



(7)  Every person who induces or procures any person
to withdraw from being a candidate at an election in consideration of any
payment or gift or valuable consideration; or of any threat; and every
candidate who withdraws from being a candidate in pursuance of such inducement
or procurement;



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



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



(10)  Every person who, directly or indirectly,
personally or through another, wilfully designs, alters, accesses, or programs
any 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 hinder
the objects thereof" in section void for vagueness.  67 H. 398, 688 P.2d
1152.



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