Page:Revised Codes of the State of North Dakota 1895.pdf/1265

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the Elective Franchise.
PENAL CODE.
§§ 6889-6898

such votes, or makes, signs, publishes or delivers any false returns of such election, knowing the same to be false, or willfully defaces, destroys or conceals any statement or certificate intrusted to his care, is guilty of a misdemeanor.

§ 6889. Bribing election officers. Every person who gives or offers a bribe to any inspector, judge, clerk, canvasser or other officer of any election, or of any board of election, as a consideration for some act done or omitted to be done, contrary to his official duty in relation to such election, shall be punished by a fine not exceeding five hundred dollars and imprisonment in the county jail not exceeding six months.

§ 6890. Penalty, disfranchised. Any pers guilty of either of the offenses mentioned in sections 6855 and 6856 shall thereafter be forever disfranchised and rendered ineligible to any office of trust or profit within the state, including that of representative to congress.

§ 6891. Witness not excused, not punished. No person shall be excused from testifying upon a prosecution for an offense mentioned in section 683ti upon the ground that his statement might tend to criminate himself, but any person so testifying against the other party shall thereafter be exempt from punishment for such offense mentioned in said section.

§ 6892. Election defined. The word "election," as used in this chapter, designates only elections had within this state for the purpose of enabling electors, as such, to choose some public officer or officers under the laws of this state, or of the United States.

§ 6893. Irregularities no defense. 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.

§ 6894. Rights. Lawful interference. Nothing in this chapter shall be construed to authorize the punishment of any person 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.

§ 6895. Questions submitted. Criminal acts. Every act which by the provisions of this chapter is made criminal when committed with reference to the election of a candidate, is equally criminal when committed with reference to the determination of a question submitted to electors to be decided by votes cast at an election.

§ 1896. Good faith. Given in evidence. Upon any prosecution for procuring, offering or casting an illegal vote, the accused may give in evidence any facts tending to show that he honestly believed upon good reason that the vote complained of was a lawful one; and the jury may take such facts into consideration in determining whether the acts complained of were knowingly done or not.

§ 1897. Selling liquors on election day. Every person who sells, gives away or disposes of any intoxicating liquors as a beverage, on the day of any general election or special or local election, in the town, city or county where held, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by imprisonment in the county jail not to exceed twenty days, and hy fine not exceeding one hundred and not less than fifty dollars.

§ 6898. Unlawful voting at caucus. Every person who is not a qualified elector of the ward or election precinct in which any caucus or primary meeting is held and having for its object either immedi-