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Repeater.

Penalty for officers refusing or neglecting duty.

Penalty for illegal registering, voting, assisting,

abetting or acting at election.

time limited for such continuance shall have expired, until his successor has been chosen and qualified, unless sooner removed in the manner provided by law.

301. SEC. 8. All acts and parts of acts, special or general, inconsistent with the provisions of this act are hereby repealed.

Supplement to an act entitled "An act to regulate elections," approved April fourth, one thousand eight hundred and ninety-eight. Approved April 6, 1905. P. L. 1905, p. 224.

302. SEC. I. Any public officer or election officer whatsoever of this state, or of a city, borough, town, township, municipality or election district or precinct, upon whom a duty is imposed by the provisions of the act to which this is a supplement, or any supplement thereto or amendment thereof, who refuses or willfully neglects, or willfully fails to perform such duty, or who willfully performs it contrary to the law, or in such way as to hinder the objects of this act, shall for each offense, if no other penalty is herein specifically imposed for such offense, be punished by fine not exceeding five hundred dollars, or by imprisonment in the state prison for a term not exceeding three years, or by both such fine and imprisonment.

303. SEC. 2. Whoever shall solicit the registering of his name on the registry list of any election district or precinct in this state, knowing that he is not a legal voter in such district or precinct; whoever shall willfully counsel, procure, aid, advise, assist or abet in the registering of the name of any other person on the registry list of any election district or precinct, knowing such other person is not entitled to vote therein; whoever at any election, knowing that he is not a qualified voter, votes thereat; whoever at any election votes or attempts to vote more than once on his own name;

whoever at any election votes or attempts to vote in more than one election district or precinct; whoever at any election votes or attempts to vote upon any other name than his own; whoever knowingly casts or attempts to cast more than one ballot at one time of balloting; whoever at any election counsels, procures, aids, advises, assists or abets any person, knowing that he is not a qualified voter, to vote thereat; whoever at any election counsels, procures, aids, advises, assists or abets. any person in voting in more than one election district or precinct; whoever at any election counsels, procures, aids, advises, assists or abets any person to vote or to attempt to vote upon any name other than his own, or knowingly casts or attempts to cast more than one ballot at one time of voting; whoever at any election in this state shall in any way willfully mark or deface his ballot, or shall willfully counsel, procure, aid, advise, assist or abet any person in the marking or defacing of a ballot; whoever at any election in this state shall in any way counsel, procure, aid, advise, assist or abet any official or person in any act which is contrary to the provisions of this act or the act to which this is a supplement; whoever at any election in this state shall in any way willfully hinder or prevent a voter from casting his legal vote, knowing such person to have a right to vote; whoever shall willfully tamper with, in- Injuring voting jure, mutilate, destroy or render unfit for use, any ballot-box or voting machine, shall be guilty of a misdemeanor and punishable by a fine of five hundred dollars or imprisonment in state prison for the term of three years, or both.

A Supplement to an act entitled “An act to regulate elections (Revision of 1898)," approved April fourth, one thousand eight hundred and ninety-eight. Approved April 12, 1905. P. L. 1905, p. 262.

machine.

Revision of registry list

304. SEC. I. It shall be the duty of the justice of the by the court.

Name added.

Court in session on election day.

supreme court assigned to hold the circuit court, and the judge of the court of common pleas, in each of the several counties of this state, or one of said judges, to sit and hold a court of common pleas at the court house in their respective counties on the Monday next preceding the day of the general election for members of the general assembly, from eight o'clock in the forenoon till five o'clock in the afternoon, to revise and correct the registry of election in the several election districts in such county, and in case any legal voter in any election district has been refused the right to register, or his name has been improperly or inadvertently left off the registry-list, he may, on said day, apply in person, to said court for the purpose of having his name placed upon the register; and the said court, upon such application and upon satisfactory evidence that such person is a legal voter entitled to vote at such election, may give a certificate under the seal of the court to that effect, and the clerk of the court shall add the name of such voter to the proper register on file with him; such voter may, upon the day of election, present said certificate to the board of registry and election of the district in which he is entitled to vote, and said board shall receive and file said certificate and add his name to the register, and he shall thereupon be allowed by said election board to vote at said election.

305. SEC. 2. It shall also be the duty of said justice of the supreme court and the said judge of the court of common pleas, or one of them, to sit and hold a court of common pleas at the court house in their respective counties on the day of the general election for members of the general assembly from eight o'clock in the forenoon till seven o'clock in the evening, and in case the vote of any person registered, in any election district, has been refused or rejected by the district board of elections, in such district, the said court shall, upon

application, in person, by the person so refused or re- Duties. jected, proceed, in a summary way, to inquire whether such person is entitled to vote in such election district; and if the court shall find that such person is legally entitled to vote in said election district, it shall issue a certificate, under its seal, to the board of registry and election of the district in which such person is entitled to vote, reciting that such person is entitled to vote in such election district and shall deliver such certificate to such person; such person may present said certificate to the board of registry and election of the district in which he is entitled to vote, and said board shall receive and file said certificate, and thereupon he shall be allowed to vote at such election.

306. SEC. 3. The county board of elections, in each of the several counties of this state, shall deliver to the county clerk, at or before eight o'clock in the forenoon, on the Monday next preceding the general election, all the copies of the registers which were in their possession on the Saturday next preceding said general election, who shall have the same in court for the use of the court while acting under the authority conferred by this act; said registers shall be returned by the said county clerk to the custody of the county board of elections on the day after the election shall be held.

Registers

delivered

to county

clerk.

action of court.

307. SEC. 4. In making investigations under this act Summary to determine the right of any person or persons to vote or to register, the court shall have power to act upon such application or matter in a summary manner, and to issue subpoenas for the production of papers, or the appearance of persons with like power, jurisdiction and authority as said court would have in any civil cause pending therein; the sheriff of the county or a deputy Duty of duly appointed by him, shall be authorized and required to serve all processes issued out of the said court on any application pending under this act, and he shall also be

sheriff.

When election officer in contempt.

Duty of county clerk.

Compensation of judges.

Repealer.

Voting machines allowed.

authorized and required to enforce any orders or proceedings made, entered and directed to be executed by the said court.

308. SEC. 5. If any board of registry and election, or any member thereof shall fail or refuse to comply with the order of the said court made in any proceeding taken under this act, such failure or refusal to so comply may be dealt with and punished as and for contempt of court. 309. SEC. 6. It shall be the duty of the county clerk, as clerk of the court of common pleas, to attend upon the sessions of court required to be held under this act, either in person or by deputy, at all times during the sitting thereof, and to record and keep the minutes of the said court in any matters arising under this act, and for such service he shall be entitled to receive and be paid by the county collector, for each day's attendance, the sum of ten dollars.

310. SEC. 7. Each of the judges holding the court of common pleas, as herein required, shall be entitled to receive the sum of twenty dollars for each day he shall be personally present, pursuant to the provisions of this act, in addition to the salary to which he is now entitled by law, which sum shall be paid by the collector of the county as other court expenses are paid.

311. SEC. 8. All acts and parts of acts inconsistent with this act are hereby repealed, and this act shall take effect immediately.

An Act to provide for the purchase of voting machines,
and to regulate the use of the same at elections.
Approved April 28, 1905. P. L. 1905, p. 386.
BE IT ENACTED by the Senate and General Assembly
of the State of New Jersey:

312. SEC. 1. Voting machines may be used in all elections, general or special, hereafter held in this state. or any political division thereof for any purpose what

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