페이지 이미지
PDF
ePub

urer to account

in his hands.

SEC. 6. Any unexpended balance remaining in the hands Political treasof any political treasurer at the time of making the statement for any balance hereinafter provided for shall be properly accounted for in said statement and shall appear as a balance in the next following report of himself or his successor in office. Any treas urer who shall fail to account for such unexpended balance, or who shall fail to turn over such balance to his successor, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment of not less than three months nor more than one year, or by both such fine and imprisonment.

to be filed by

political agent

days after elec

SEC. 7. Within fifteen days after any such election, every Sworn statement treasurer and every political agent shall file an itemized sworn treasurer or statement with the officer with whom his designation was filed within fifteen as aforesaid, which statement shall include the amount of money tion. or property in each case received or promised, the name of the person from whom it was received or by whom it was promised, the amount of every expenditure made or liability incurred, and the name of the person to whom such expenditure or promise was made, and shall clearly state the purpose for which such money or property was so expended or promised, separating the expenditures for caucuses, primaries, and elections. If any money or property has been received from, or has been paid, given, or promised to or by, any person who was a candidate for any office, or a political treasurer, the title of the office which said person holds or for which he was a candidate shall be plainly given in the statement hereinbefore provided for. Any treasurer or political agent, who shall fail to file such a statement within the time required, shall be fined twentyfive dollars for each day on which he is in default, unless he shall be excused by the court.

ments by

SEC. 8. Every candidate for public office, including candi- Sworn statedates for the office of senator of the United States, shall, within candidates. fifteen days after the election at which he was a candidate, file with the secretary of the state, if a candidate for senator of the United States, representative in congress, or any other state, county, or probate office, or state senator, but with the town clerk of the town in which he resides if he was a candidate for representative in the general assembly or for a town, city, ward, borough, or school district office, an itemized sworn statement, setting forth in detail all the moneys contributed, expended, or promised by him to aid and promote his nomination or election, or both, as the case may be, or for any other political purpose, and all existing unfulfilled promises or liabilities in that connection remaining uncanceled and in force

Examination and preservation of

at the time such statement is made, whether such expenditures, promises, or liabilities were made or incurred before, during, or after such election. If no money or other valuable thing was given, paid, expended, contributed, or promised, and no unfulfilled liabilities were incurred by a candidate for public office to aid or promote his nomination or election, or for any political purpose, he shall file a statement to that effect within fifteen days after the election at which he was a candidate. Any candidate who shall fail to file such a statement within the time required shall be fined twenty-five dollars for every day on which he is in default, unless he shall be excused by the court. Twenty days after any such election the secretary of the state or the town clerk, as the case may be, shall notify the proper prosecuting officer of any failure to file such a statement on the part of any candidate or treasurer or agent, and within ten days thereafter such prosecuting officer shall proceed to prosecute for such offenses. Every unsuccessful candidate for nomination for any of the public offices above referred to, if he knew of his candidacy, shall file with the corresponding officer the same kind of an itemized sworn statement as is above required of candidates for public office, within fifteen days after the nomination in question was made, and, if he fails so to do, he shall be fined twenty-five dollars for each day on which he is in default, unless he shall be excused by the court. The secretary of the state or the town clerk, as the case may be, shall give the same notification with reference to a failure to file these notices as is above provided in case of candidates, and the prosecuting officers shall act accordingly. Every delegate to a nominating convention shall, within fifteen days after such convention, file with the town clerk of the town in which he resides an itemized sworn statement of the expenses incurred by him or on his account in connection with such convention and in connection with his appointment as delegate thereto, and of all money received by him in connection with such convention subsequent to his appointment as a delegate thereto, and shall state who paid such expenses and from whom he received such money, and, if no such expenses were incurred, and no money received by him as such delegate, he shall so state, and, if for any such expenses paid or incurred by himself he has been reimbursed or promised reimbursement, he shall so state and by whom. Any delegate who shall fail to file such a statement shall be fined ten dollars for each day on which he is in default, and the proper prosecuting officer on learning thereof shall within ten days thereafter prosecute him therefor.

SEC. 9. The secretary of the state or the town clerk, as statements. the case may be, shall indorse with his approval all reports re

quired by this act to be filed with him which shall be found to conform to the provisions of this act and shall return reports which do not so conform for correction, allowing a reasonable time for such correction, at the expiration of which time if the reports are not so corrected he shall give notice of such neglect to the proper prosecuting officer. All statements filed in accordance with the provisions of this act shall be preserved for fifteen months after the election to which they relate, and shall, during said period, be open to public inspection.

to prepare and

nish blank forms.

SEC. 10. The attorney-general shall prepare forms for all Attorney-general statements required to be returned under the provisions of this secretary to furact, and the secretary of the state shall, at the expense of the state, print all such blank forms, each of which forms shall have section eight of this act plainly printed thereon, and shall furnish to each town clerk a sufficient supply of each of such blank forms as are herein required to be filed with or returned to the town clerk. The secretary of the state and the town clerk of each town shall, within two days after any election for which candidates are required to make returns, mail to every candidate required by this act to make returns to them, respectively, a proper blank form to be filled out and returned, and every town clerk shall be entitled to receive from the town the sum of ten cents for each copy of such form so mailed by him.

Person elected not to receive

has filed

SEC. 11. No person elected to any office established by the constitution or laws of this state shall receive any salary or salary until he emolument for the period during which he shall have failed to statement. file such statement.

Corrupt prac

SEC. 12. The following persons shall be guilty of corrupt tices. practices and shall be punished in accordance with the provisions of this act: (a) Every person who shall, directly or indirectly, by himself or by another, give or offer or promise to any person any money, gift, advantage, preferment, entertainment, aid, emolument, or any valuable thing whatever for the purpose of inducing or procuring any person to vote or refrain from voting for or against any person, or for or against any measure at any election, caucus, convention, or primary election. (b) Every person who shall, directly or indirectly, receive, accept, request, or solicit from any person, committee, association, organization, or corporation any money, gift, advantage, preferment, aid, emolument, or any valuable thing whatever, for the purpose of inducing or procuring any person to vote or refrain. from voting for or against any person, or for or against any measure at any such election, caucus, or primary election. Every person who, in consideration of any money, gift, advantage, preferment, aid, emolument, or any valuable thing what

(c)

Inquiry into corrupt practices.

ever, paid, received, accepted, or promised to the advantage of himself or any other person, shall vote or refrain from voting for or against any person, or for or against any measure at any such election, caucus, or primary election. (d) Every person, other than the political committees known as the national, congressional, state, town, city, ward, and borough committees, who shall solicit from any candidate for the office of elector of president and vice-president of the United States, of senator of the United States, of representative in congress, or of any state, county, probate, town, city, ward, borough, or school district office, any money, gift, contribution, emolument, or other valuable thing for the purpose of using the same for the support, assistance, benefit, or expenses of any club, company, or organization, or for the purpose of defraying the cost or expenses of any political campaign or election. (e) Every person who shall, directly or indirectly, pay, give, contribute, or promise any money or other valuable thing to defray, or towards defraying, the cost or expenses of any campaign or election to any person, committee, company, club, organization, or association, other than to a treasurer or a political agent; but this sub-section shall not apply to any expenses for postage, telegrams, telephoning, stationery, printing, expressage, or traveling incurred by any candidate for office or for nomination thereto, so far as they are permitted by this act. (f) Every person who, in order to secure or promote his own nomination or election as a candidate for public office, or that of any other person, shall, directly or indirectly, promise to appoint, or promise to secure or assist in securing the appointment, nomination, or election of, any other person to any public position, or to any position of honor, trust, or emolument; provided, however, that any person may publicly announce his own choice or purpose in relation to any appointment, nomination, or election in which he may be called to take part, if he shall be nominated for or elected to any public office. (g) Every person who shall, directly or indirectly, by himself or through another person, make a payment or promise of payment to a treasurer or political agent in any other name than his own, and every treasurer or political agent who shall knowingly receive a payment or promise of payment, or enter or cause the same to be entered in his accounts, in any other name than that of the person by whom such payment or promise of payment is made. (h) Every person who shall violate any of the provisions of section three, section four, or section five of this act. SEC. 13. At any time within thirty days after any such election, any elector or voter at such election, upon giving bonds for prosecution as in civil actions, may present to any

judge of the superior court a petition setting forth under oath, upon information or upon personal knowledge, that corrupt practices, contrary to the provisions of any section of this act, were committed at or preliminary to such election, naming any candidate as defendant, and praying that the facts alleged may be inquired into. If such judge shall be of the opinion that the interests of public justice require such proceeding, he shall order reasonable notice of such petition to he given to the defendant and shall notify the chief justice of the supreme court of errors of such petition. The chief justice shall designate an additional judge to hear such petition in conjunction with the judge to whom the petition was presented, and, in case of the latter's disqualification or inability, the chief justice shall appoint two judges to hear such petition. Such petition shall be tried without a jury, and the petitioner and all candidates at such election shall be entitled to appear and be heard as parties. In case such petition relates to the election of electors of president and vice-president of the United States, a senator of the United States, a representative in congress or in the general assembly, or of any officer the votes for whom are to be counted by the state treasurer, secretary of the state, and comptroller, the trial judges shall have no power to declare any such election to be void, but shall file their joint finding as to whether or not such candidate, or his political agent, was so guilty of corrupt practices, with the secretary of the state, together with the transcript of the evidence. In case such petition relates to any other office, the trial judges shall file with the governor their joint decision as to whether or not such candidate, or his political agent, was so guilty of corrupt practices, and as to whether or not such election was void as hereinafter provided. If said judges differ as to whether any such candidate, in person or in the person of his political agent, was so guilty, or whether any such election was so void, they shall so certify to the secretary of the state or to the governor, as the case may be, and they shall also file. a transcript of the evidence with such certificate. In case any such joint decision so to be filed with the governor shall decide that any successful candidate, so petitioned against, was, in person or in the person of his political agent, so guilty of corrupt practices, such election shall be void except as hereinafter provided; and in case of any such void election the governor shall, within ten days after the receipt of such decision, issue a writ for a new election to be held within forty days after the issuance of such writ. If any candidate shall have been so jointly found or decided to have been so guilty, in person, of corrupt practices, he shall be ineligible to election or appointment

« 이전계속 »