LAWS AND RESOLUTIONS

OF THE

THIRD SESSION.

CHAPTER I.

ELECTION FRAUDS.

AN ACT for the Prevention and Punishment of Election Frauds.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows:

Voting more

be considered felony.

SECTION 1. If any person who is not a bona fide inhabitant of thang mont this Territory, shall vote at any election held under law, or under any election to any semblance or pretence of law, or if any person shall vote more than once at the same election, at the same place, or at different places, he shall be deemed guilty of felony; and upon conviction thereof, shall be punished by imprisonment and hard Punishment. labor for a term not less than one year, nor more than two years.

ing election,

their responsi

bilities, &c.

SEC. 2. Any person or persons whatsoever, who may be charged Persons holdwith holding any election in this Territory, authorized by law, or held under any semblance or pretence of law, who shall wilfully and knowingly receive any vote offered by any person who is not a bona fide resident of this Territory, at the time of offering to vote, or who shall have voted previously at the same election; or any person who shall knowingly and wilfully commit any irregu- or irregularity. larity, or fraud whatever, with the intent to hinder, prevent or guilty of felony. defeat a fair expression of the popular will, shall be deemed guilty of felony; and upon conviction thereof, shall be punished Punishment. by imprisonment and hard labor for a term not less than one year, nor more than three years.

Any person guilty of fraud with intent,&c.

Persons having

turns, knowingly, guilty of

SEC. 3. Any person who shall have in his possession any falsely possession o made, altered, forged, or counterfeited poll book, tally list, or turns, fraudulent reelection returns, of any election in this Territory, authorized by felony." law, or held under any semblance or pretence of law, knowing

Punishment.

Persons authorized to re

vass returns

same, knowing

fraudulent,

the same to be falsely made, altered, forged, or counterfeited, with intent to hinder, prevent, or defeat a fair expression of the popular will, shall be deemed guilty of felony; and upon conviction thereof, shall be punished by imprisonment and hard labor for a term not less than one year, nor more than three years.

SEC. 4. Any person or persons whatsoever who may be auceive or can- thorized by law, or any semblance or pretence of law, to receive, and count the canvass, or count the poll books, or tally lists, or election returns the same to be of any election, held under law, or any semblance or pretence of guilty of felony. law, who shall wilfully and knowingly receive, canvass and count any poll books, tally lists, or election returns which are fraudulent, forged, or counterfeited, or who shall falsely and fraudulently count and cast up any poll books, tally lists, election returns, or votes, with intent to hinder, prevent, or defeat a fair expression of the popular will, shall be deemed guilty of felony; and upon conviction thereof, shall be punished by imprisonment and hard labor, for a term not less than two years, nor more than five years.

Punishment.

Persons nuthorized by law

cates or make

of, or declare

elections;

fraudulently

SEC. 5. Any person or persons authorized by law, or by any to give certifi- semblance or pretence of law, to grant certificates of election, proclamation or to declare by proclamation, or otherwise, the result of any the result of election held under law, or under any semblance or pretence of when so doing law, who shall grant such certificates, or declare the result of guilty of felony. such election, based upon fraudulent, fictitious, or illegal votes, with intent to hinder, prevent or defeat a fair expression of the Punishment. popular will, shall be deemed guilty of felony; and upon conviction thereof, shall be punished by imprisonment and hard labor, for a term not less than two years, nor more than five years.

Persons inscribing names

SEC. 6. Any person or persons who shall knowingly and wilapon poll books fully inscribe, or cause to be inscribed, upon any poll book, tally voting, guilty list, or election returns of any election held under law, or under

of persons not

of felony.

Punishment.

Persons subscribing their

er name falsely

any semblance or pretence of law, the name of any person not entitled to vote, or not voting, with intent to hinder, prevent, or defeat a fair expression of the popular will, shall be deemed guilty of felony, and upon conviction thereof, shall be punished by imprisonment and hard labor, for a term not less than one year, nor more than two years.

SEC. 7. Any person who shall subscribe, or cause to be subown or any oth- scribed, his own name, or any other name, as judge or clerk of as judge or any election, to any falsely made, altered, fraudulent, or counolerk, guilty terfeited poll book, tally list, or election returns, knowing the same to be falsely made, altered, fraudulent, or counterfeited,

of felony.

with intent to hinder, prevent, or defeat, a fair expression of the popular will, shall be deemed guilty of felony; and upon conviction thereof, shall be punished by imprisonment and hard labor, Punishment. for a term not less than one year, nor more than two years.

same

offences under

nal and exclu

sive in the Pro

bate Court.

SEC. 8. In all offences arising under any of the provisions of Jurisdiction of this act, the Probate Judges of the several counties shall have this act origioriginal and exclusive jurisdiction, and shall have the powers in summoning juries, and in all other matters appertaining to the arrest, trial, conviction and punishment of such offenders, as are now by law vested in the District Courts in case of felony; Provided, that if any Probate Judge shall refuse to Probate Judgo issue writs, or in any manner to proceed under this act, the ecution may be had before the Probate Courts of any adjoining county.

pros

SEC. 9. All acts and parts of acts now in force in this Territory, conflicting with this act, be, and the same are hereby repealed.

SEC. 10. This act to take effect and be in force from and

after its passage.

[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.

refusing to act, prosecution may be had in any adjoining county.

Approved December 16, 1857.

FRED. P. STANTON.

CHAPTER II.

LECOMPTON CONSTITUTION-CENSUS.

AN ACT submitting the Constitution framed at Lecompton, under the Act of the Legislative Assembly of Kansas Territory, entitled "An Act to provide for the taking a census, and election of delegates to a Convention," passed February 19th, A. D. 1857. An Act to provide for an election on the submission of the Lecompton Constitution.

Be it enacted by the Governor and Legislative Assembly of the Territory of Kansas, as follows:

to be held.

SECTION 1. That an election shall be held on the first Mon- Election; when day in January, A. D. 1858, between the hours of nine o'clock A. M., and six o'clock P. M., at which all the bona fide male inhabitants of the Territory of Kansas, over twenty-one years of Who may vote.

Residence.

vote for.

age, who are citizens of the United States, or who have declared (on oath) their intentions to become such, and who shall have resided in said Territory thirty days next preceding said election, and ten days in the county where said persons offer to vote, may What he may vote for the ratification or rejection of the constitution adopted by the late Constitutional Convention at Lecompton, organized under the act of the nineteenth of February, A. D. 1857, entitled "An Act to provide for the taking of a census, and election of delegates to a convention." The voting shall be by ballot, as follows: Those voting for said constitution with the article entitled slavery, shall cast a ballot with the words, "For the constitution framed at Lecompton, with slavery ;" and those voting for the constitution and against the article entitled slavery, shall cast a ballot with the words, "For the constitution framed at Lecompton, without slavery;" and those voting against the constitution, shall cast a ballot with the words, "Against the constitution framed at Lecompton."

Vote by ballot.

Governor to

appoint com

shall appoint

SEC. 2. It shall be the duty of the Governor of Kansas Termissioners who ritory, to appoint three commissioners in each county, whose judges. duty it shall be to establish voting precincts in their respective counties, and appoint three judges of election in each precinct. If, at the hour of opening the polls, the duly appointed judges are not present, or if they shall fail or refuse to act, then the Vacancies Voters assembled shall have power to elect judges to fill the vacancies thus occasioned.

how filled.

Commissioners

to make proclamation of precincts.

sworn.

clerks who

SEC. 3. The commissioners provided for in this Act, shall, by proclamation, at least five days before the day of the election herein provided for, indicate the place at which, in their respective counties said election shall be held, and the judges who are to hold the elections in the several precincts.

Judges shall be SEC. 4. Before opening the polls for receiving votes, the judges of election shall be duly sworn to a faithful performance of their duties. They shall provide suitable ballot boxes for the Judges appoint reception of the ballots, and shall appoint two clerks, who shall shall be sworn. also be sworn to keep each a faithful record of all the names of persons depositing their votes with said judges. At the closing of the polls, the judges shall count and preserve the ballots, and count votes certify at the bottom of the list of voters, the number of votes cast in each of the forms prescribed in the second section of this Certificate act, which certificate shall be attested by the clerks. One of the shall be attest lists of the voters thus certified, shall be deposited with one of and one depos: the commissioners provided for in this act, and the other shall be

Judges shall

and give certificate.

ed by the clerks

ited with com