Civil Government in the United States Considered with Some Reference to Its Origins · Chapter 21Appendix J

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The New York Corrupt Practices Act of 1890
Chap. 94.—An Act to Amend Title Five of the Penal Code Relating to Crimes Against the Elective Franchise

Approved by the Governor April 4, 1890. Passed, three fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Title five of the Penal Code, entitled "Of crimes against the elective franchise," is hereby amended so as to read as follows:
Section 41. It shall be unlawful for any person, directly or indirectly, by himself or through any other person:

1. To pay, lend, or contribute, or offer or promise to pay, lend, or contribute any money or other valuable consideration, to or for any voter, or to or for any other person, to induce such voter to vote or refrain from voting at any election, or to induce any voter to vote or refrain from voting at such election for any particular person or persons, or to induce such voter to come to the polls or remain away from the polls at such election, or on account of such voter having voted or refrained from voting or having voted or refrained from voting for any particular person, or having come to the poll or remained away from the polls at such election.

2. To give, offer, or promise any office, place, or employment, or to promise to procure or endeavour to procure any office, place, or employment to or for any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting at any election, or to induce any voter to vote or refrain from voting at such election for any particular person or persons.

3. To make any gift, loan, promise, offer, procurement, or agreement, as aforesaid, to, for, or with any person in order to induce such person to procure or endeavour to procure the election of any person, or the vote of any voter at any election.

4. To procure or engage, promise or endeavour to procure, in consequence of any such gift, loan, offer, promise, procurement, or agreement, the election of any person or the vote of any voter at such election.

5. To advance or pay or cause to be paid any money or other valuable thing to or for the use of any other person with the intent that the same, or any part thereof, shall be used in bribery at any election, or to knowingly pay, or cause to be paid, any money or other valuable thing to any person in discharge or repayment of any money, wholly or in part, expended in bribery at any election.

Section 41_a_. It shall be unlawful for any person, directly or indirectly, by himself or through any other person:

1. To receive, agree, or contract for, before or during an election, any money, gift, loan, or other valuable consideration, office, place, or employment for himself or any other person, for voting or agreeing to vote, or for coming or agreeing to come to the polls, or for remaining, away or agreeing to remain away from the polls, or for refraining or agreeing to refrain from voting, or for voting or agreeing to vote or refraining or agreeing to refrain from voting for any particular person or persons at any election.

2. To receive any money or other valuable thing during or after an election on account of himself or any other person having voted or refrained from voting at such election, or on account of himself or any other person having voted or refrained from voting for any particular person at such election, or on account of himself or any other person having come to the polls or remained away from the polls at such election, or on account of having induced any other person to vote or refrain from voting or to vote or refrain from voting for any particular person or persons at such election.

41_b_. It shall be unlawful for any candidate for public office, before or during an election, to make any bet or wager with a voter, or take a share or interest in or in any manner become a party to any such bet or wager, or provide or agree to provide any money to be used by another in making such bet or wager, upon any event or contingency whatever. Nor shall it be lawful for any person, directly or indirectly, to make a bet or wager with a voter, depending upon the result of any election, with the intent thereby to procure the challenge of such voter, or to prevent him from voting at such election.

Section 41_c_. It shall be unlawful for any person, directly or indirectly, by himself or any other person in his behalf, to make use of, or threaten to make use of, any force, violence, or restraint,
Section 41_d_. Every candidate who is voted for at any public election held within this state shall, within ten days after such election, file as hereinafter provided an itemized statement, showing in
Section 41_e_. A person offending against any provision of sections forty-one and forty-one-a of this act is a competent witness against another person so offending, and may be compelled to attend and
Section 41_f_. Whosoever shall violate any provision of this title, upon conviction thereof, shall be punished by imprisonment in a county jail for not less than three months nor more than one year. T

[Footnote 53: So in the original.]

Section 41_g_. Other crimes against the elective franchise are defined, and the punishment thereof prescribed by special statutes
Section 2. Section forty-one of the Penal Code, as it existed prior to the passage of this act, is hereby repealed
Section 3. This act shall take effect immediately. APPENDIX K

FORM OF AUSTRALIAN BALLOT ADOPTED IN MASSACHUSETTS, 1889.

Official Ballot
For
Precinct, Ward,
Of (City or Town),
November__, 18__

[Fac-Simile of Signature of Secretary.] Secretary of the Commonwealth.

Sample Ballot,

With explanations and illustration.

Prepared by the Ballot Act League with the approval of the Secretary of the Commonwealth.

* * * * *

Some representative districts elect one, some two, and a few three representatives to the General Court. Worcester County elects four commissioners of insolvency instead of three as in other counties.

No county commissioners or special commissioners will be voted for in the cities of Boston and Chelsea or the county of Nantucket.

* * * * *

Forms for nominating candidates can be had at the department of the Secretary of the Commonwealth.

* * * * *

Carefully observe the official specimen ballots to be posted and published just before election day.

To vote for a Person, mark a Cross X

GOVERNOR Vote for ONE. OLIVER AMES, of Easton Republican. WILLIAM H EARLE, of Worcester Prohibition. WILLIAM E. RUSSELL, of Cambridge Democratic.

LIEUTENANT-GOVERNOR Vote for ONE. JOHN BASCOM, of Williamstown Prohibition. JOHN Q.A. BRACKETT, of Arlington Republican. JOHN W. CORCORAN, of Clinton Democratic.

SECRETARY Vote for ONE. WILLIAM S. OSGOOD, of Boston Democratic. HENRY R. PEIRCE, of Abington Republican. HENRY C. SMITH, of Williamsburg Prohibition.

TREASURER Vote for ONE. JOHN M. FISHER, of Attleborough Prohibition. GEORGE A. MARDEN, of Lowell Republican. HENRY O. THACHER, of Yarmouth Democratic.

AUDITOR Vote for ONE. CHARLES R. LADD, of Springfield Republican. EDMUND A. STOWE, of Hudson Prohibition. WILLIAM A. WILLIAMS, of Worcester Democratic.

ATTORNEY-GENERAL Vote for ONE. ALLEN COFFIN, of Nantucket Prohibition. SAMUEL O. LAMB, of Greenfield Democratic. ANDREW J. WATERMAN, of Pittsfield Republican.

COUNCILLOR, Third District Vote for ONE. ROBERT O. FULLER, of Cambridge Republican. WILLIAM E. PLUMMER, of Newton Democratic. SYLVANUS C. SMALL, of Winchester Prohibition.

SENATOR, Third Middlesex District Vote for ONE. FREEMAN HUNT, of Cambridge Democratic. CHESTER W. KINGSLEY, of Cambridge /Republican. \Prohibition.

DISTRICT ATTORNEY, Northern District Vote for ONE. CHARLES S. LINCOLN, of Somerville Democratic. JOHN M. READ, of Lowell Prohibition. WILLIAM B. STEVENS, of Stoneham Republican.

——————————————————————————————- in the Square at the right of the name. ——————————————————————————————- ——————————————————————————————- REPRESENTATIVES IN GENERAL COURT

First Middlesex District. Vote for TWO.

WILLIAM H. MARBLE, of Cambridge Prohibition. __ ISAAC McLEAN, of Cambridge Democratic. __ GEORGE A. PERKINS, of Cambridge Democratic. __ JOHN READ, of Cambridge Republican. __ CHESTER V. SANGER, of Cambridge Republican. __ WILLIAM A. START, of Cambridge Prohibition. __ ____________________________________________________________ ____________________________________________________________ ——————————————————————————————-

SHERIFF Vote for ONE.

HENRY G. CUSHING, of Lowell Republican. __ HENRY G. HARKINS, of Lowell Prohibition. __ WILLIAM H. SHERMAN, of Ayer Democratic. __ ____________________________________________________________ ——————————————————————————————- COMMISSIONERS OF INSOLVENCY Vote for THREE.

JOHN W. ALLARD, of Framingham Democratic. __ GEORGE J. BURNS, of Ayer Republican. __ WILLIAM P. CUTTER, of Cambridge Prohibition. __ FREDERIC T. GREENHALGE, of Lowell Republican. __ JAMES HICKS, of Cambridge. Prohibition. __ JOHN C. KENNEDY, of Newton Republican. __ RICHARD J. McKELLEGET, of Cambridge Democratic. __ EDWARD D. McVEY, of Lowell Democratic. __ ELMER A. STEVENS, of Somerville Prohibition. __ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ——————————————————————————————-

COUNTY COMMISSIONER Vote for ONE.

WILLIAM S. FROST, of Marlborough Republican. __ JOSEPH W. BARBER, of Sherborn Prohibition. __ JAMES SKINNER, of Woburn Democratic. __ ____________________________________________________________ ——————————————————————————————-

SPECIAL COMMISSIONERS Vote for TWO.

HENRY BRADLEE, of Medford Democratic. __ LYMAN DYKE, of Stoneham Republican. __ JOHN J. DONOVAN, of Lowell Democratic. __ WILLIAM E. KNIGHT, of Shirley Prohibition. __ ORSON E. MALLORY, of Lowell Prohibition. __ EDWIN E. THOMPSON, of Woburn Republican. __ ____________________________________________________________ ____________________________________________________________ ——————————————————————————————-

[Illustration: SKETCH OF POLLING PLACE.]

Suggestions to Voters

Give your name and residence to the ballot clerk, who, on finding your name on the check list, will admit you within the rail and hand you a ballot.

Go alone to one of the voting shelves and there unfold your ballot.

Mark a cross X in the square at the right of the name of each person for whom you wish to vote. No other method of marking, such as erasing names, will answer.

Thus, if you wished to vote for John Bowles for Governor, you would mark your ballot in this way:—

GOVERNOR Vote for ONE JOHN BOWLES, of Taunton Prohibition. X THOMAS E. MEANS, of Boston Democratic. ELIJAH SMITH, of Pittsfield Republican.

If you wish to vote for a person whose name is not on the ballot, write, or insert by a sticker, the name in the blank line at the end of the list of candidates for the office, and mark a cross X in the square at the right of it. Thus, if you wished to vote for George T. Morton, of Chelsea, for Governor, you would prepare your ballot in this way:—

GOVERNOR Vote for ONE JOHN BOWLES, of Taunton Prohibition. THOMAS E. MEANS, of Boston Democratic. ELIJAH SMITH, of Pittsfield Republican. George T. Morton, of Chelsea X

Notice, that for some offices you may vote for "two" or "three" candidates, as stated in the ballot at the right of the name of the office to be voted for, e.g.: "COMMISSIONERS OF INSOLVENCY. Vote for THREE."

If you spoil a ballot, return it to the ballot clerk, who will give you another. You cannot have more than two extra ballots, or three in all. You cannot remain within the rail more than ten minutes, and in case all the shelves are in use and other voters waiting, you are allowed only five minutes at the voting shelf.

Before leaving the voting shelf, fold your ballot in the same way as it was folded when you received it, and keep it so folded until you place it in the ballot box.

Do not show any one how you have marked your ballot.

Go to the ballot box and give your name and residence to the officer in charge.

Put your folded ballot in the box with the certificate of the Secretary of the Commonwealth uppermost and in sight.

You are not allowed to carry away a ballot, whether spoiled or not.

A voter who declares to the presiding official (under oath, if required) that he was a voter before May 1, 1857, and cannot read, or that he is blind or physically unable to mark his ballot, can receive the assistance of one or two of the election officers in the marking of his ballot.