like thing shall be imprisoned in the state prison not more than ten years or fined not exceeding one thousand dollars, or punished by both such fine and imprisonment.

331. Penalty for incorrect return of result. [Sec. 17, ch. 459, lays of 1901.] Any inspector or clerk of an election who shall purposely cause the vote registered or recorded on or in such machine to be incorrectly taken down as to any candidate or proposition voted on, or who shall knowingly cause to be made or signed any false statement, certificate, or return of any kind, of such vote, or who shall knowingly consent to such things, or any of them being done, shall be imprisoned in the state prison not more than ten years, or fined not more than one thousand dollars, or punished by both such fine and imprisonment.

332. Election by experimental use of machine declared valid. [Sec. 18, ch. 459, laws of 1901. The proper officers authorized by this act to adopt voting machines, may provide for the experimental use at an election in one or more precincts, of a machine approved by the Wisconsin voting machine commission without a formal adoption or purchase thereof and its use at such election shall be as valid for all purposes as if formally adopted.

332a. County board in certain counties may adopt and purchase. [Section 1, ch. 269, laws of 1905.] The county board of any county in this state containing a population of 150,000 or more inhabitants is hereby authorized to adopt and purchase for use in any election precinct or precincts in any such county voting machines of the character and description authorized by law to be adopted, purchased and used by the common council of cities, and the town board of towns, or the village board of villages in the state of Wisconsin. Payment for any such voting machine so purchased may be provided for by the county board in such manner as it shall deem for the best interests of the county; and for that purpose such county board may issue notes, certificates of indebtedness or other obligations which shall be a charge on such county.

PART XVIII.

PENAL PROVISIONS.

Bribery at elections, 333, 334.

Bribery at caucus or convention, 335.
Use of threats, etc., 336.

Office obtained by bribery vacant, 337.

Illegal voting, etc., at caucus, 338.

Bribery in connection with caucus, 339.

Other violation of caucus law, 340.

Illegal voting; fraudulent registration, 341.

Personation of elector, 342.

Contributions to aid nomination, etc., of legislators, 343.
Accounts of expenditures by candidates, 344.

Same. 344a.

Disbursements by committees, 345.

Treasurer's accounts, 346.

Statement of accounts, 347.

Penalty, 348.

Use of money by corporation in elections prohibited, 348a.
Penalties for violation, 348b.

Violation by representative of corporation; prosecution, 348c.

Penalty for aiding or abetting violation, 348d.

Violations, where prosecuted, 348e.

Fraudulent canvass of votes, 349.

Fraud as to nomination papers, ballots, etc., 350.

Neglect of duty by election officers, 351.

Neglect to deliver ballots; removal of supplies, 352.

Electioneering; removing or showing ballot; voting ballot not received from clerk, etc., 353.

Neglect as to special matters, 354.

Neglect to deliver statement of canvass, 355.
Such neglect by officers and messengers, 356.
Neglect and fraud in conducting elections, 357.
Deceiving elector, 358.

Parade of national guard, 359.

Breaking ballot box, etc., 360.

Penalty if none prescribed, 361.

333. Bribery at elections. [Sec. 4478, Statutes of 1898.] The following persons shall be deemed guilty of bribery at elec tions:

1. Every person who shall, directly or indirectly, by himself or by any other person on his behalf, give, lend, or agree to give, or lend, or offer promise or promise to procure or endeavor to procure any money or valuable consideration, to or for any voter, to or for any person on behalf of any voter, or to or for any other person in order to induce any voter to vote or refrain from voting, or do any such act as aforesaid, corruptly, on account of such voter having voted or refrained from voting at any election.

2. Every person who shall, directly or indirectly, by himself or by any other person on his behalf, give or procure, or agree to give or procure, or offer, promise or endeavor to procure any office, place of employment, public or private, to or for any voter, or to or for any person on behalf of any voter, or to or for any other person in order to induce such voter to vote or refrain from voting, or do any such act as aforesaid, corruptly, on account of any voter having voted or refrained from voting at any election.

3. Every person who shall, directly or indirectly, by himself or by any other person on his behalf, make any such gift, loan, offer, promise, procurement or agreement as aforesaid to or for any person in order to induce such person to procure or endeavor to procure the election of any person to a public office, or the vote of any voter at any election.

4. Every person who shall, upon or in consequence of any such gift, loan, offer, promise, procurement or agreement, procure, or engage, promise or endeavor to procure the election of any person to a public office or the vote of any voter at any election.

5. Every person who shall advance or pay or cause to be paid any money to or for the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any election, or who shall knowingly pay or cause to be paid any money wholly or in part expended in bribery at any election.

And any person so offending shall be punished by imprisonment in the state prison for a term of not less than six months nor more than two years; provided, that the foregoing shall not be construed to extend to any money paid or agreed to be paid

for or on account of any legal expenses authorized by law and bona fide incurred at or concerning any election.

Payment or promise of money or its equivalent for vote constitutes offense of bribery or attempt to bribe. State v. Olin, 23 Wis. 309.

If money or any property is offered to individual electors for their votes at any election held under the laws of this state, all votes shown to have been obtained thereby will be rejected in an action to determine the right to the office: Ibid.

In like manner a vote given for a candidate for any public office in consideration of his promise, if he is elected, to donate a sum of money, as a part of the salary fixed for the office or other valuable thing to a third person, as to the county in which he is a candidate, will be rejected: State v. Purdy, 36 Wis. 213. See note to paragraph 226.

334. Same subject. [Sec. 4478a, Statutes of 1898.] The following persons shall also be deemed guilty of bribery at elections:

1. Every voter who shall, before or during any election, directly or indirectly, by himself or by any other person on his behalf, receive, agree or contract for any money, gift, loan or valuable consideration, office, place of employment, public or private, for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting at any election.

2. Every person who shall, after any election, directly or indirectly, by himself or by any other person in his behalf, receive any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting at any election; and any voter or other person so offending shall be punished by imprisonment in the county jail not less than one month nor more than one year.

335. Bribery at caucus or convention. [Sec. 4479, Statutes of 1898.] Any person being or seeking to be a candidate for any office at any election authorized by law who shall give or promise to give to any elector or other person any money or thing of value or any pecuniary advantage or benefit for the purpose of inducing or influencing such elector or other person to vote for him in any convention or meeting of the people held for the purpose of nominating any person or persons to be voted for at any such election, to make him the nominee of any such convention or meeting and the candidate to be voted for for any

office at such election, or who shall so give or promise any such thing to any such person for the purpose of inducing or influencing any person to sign any nomination paper which seeks to have him nominated as a candidate for any office to be so voted for; and any such elector or other person who shall ask, solicit or receive any money or thing of value or any pecuniary advantage or benefit from such candidate as a consideration or inducement for his vote at any such convention or meeting of the people, or his signature to any such paper, shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding five hundred dollars.

Validity. A statute of similar import has been held valid: Leonard v. Commonwealth, 112 Pa. St. 607, 622.

Candidate for office. A man who is seeking an office is a candidate for it, whether nominated or not: Ibid.

336. Use of threats, etc. [Sec. 4480, Statutes of 1898.] Every person who shall, directly or indirectly, by himself or by any other person on his behalf, make use of or threaten to make use of any force, violence or restraint in order to induce or compel any person to vote or refrain from voting at any election, or who shall, by abduction, duress or any fraudulent device or contrivance, impede or prevent the free exercise of the franchise at any election, or shall thereby compel, induce or prevail upon any elector either to give or refrain from giving his vote at any election for or against any particular candidate or measure, shall be punished by imprisonment in the county jail not less than one month nor more than one year.

Inducing elector not to vote. Under an Indiana statute the offense is committed if a voter is hired to go away from the polls and refrain from voting at the time he goes there for that purpose, though he afterwards votes: Thompson v. State, 44 N. E. Rep. 763.

337. Office obtained by bribery vacant. [Sec. 4481, Statutes of 1898.] Any person who shall obtain any office or shall have been elected to any office at any election, at which election he shall have induced or procured any elector to vote for him for such office by bribery, shall be disqualified from holding said office, and he shall be ousted therefrom, and said office shall be deemed and held vacant, to be filled by election or appointmnt as other vacancies, according to law.

See note to paragraph 333.