CHAPTER 151
ELECTIONS: PROHIBITED ACTS AND PENALTIES

Table of Contents

Sec. 9-358. False swearing before registrar, moderator, board or State Elections Enforcement Commission.
Sec. 9-360. Fraudulent voting.
Sec. 9-361. Primary or enrollment violations.

      Sec. 9-358. False swearing before registrar, moderator, board or State Elections Enforcement Commission. Any person who, upon oath or affirmation, legally administered, wilfully and corruptly testifies or affirms, before any registrar of voters, moderator of any election, primary or referendum, any board for admission of electors or the State Elections Enforcement Commission, falsely, to any material fact concerning the identity, age, residence or other qualifications of any person whose right to be registered or admitted as an elector or to vote at any election, primary or referendum for the purpose of being passed upon and decided, shall be guilty of a class D felony and shall be disfranchised.

      (1949 Rev., S. 1126; 1953, S. 835d; P.A. 05-235, S. 8.)

      History: P.A. 05-235 applied section to testimony or affirmation before State Elections Enforcement Commission, added "primary or referendum" and substituted "guilty of a class D felony" for "imprisoned not more than two years", effective July 1, 2005.

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      Sec. 9-360. Fraudulent voting. Any person not legally qualified who fraudulently votes in any town meeting, primary, election or referendum in which the person is not qualified to vote, and any legally qualified person who, at such meeting, primary, election or referendum, fraudulently votes more than once at the same meeting, primary, election or referendum, shall be fined not less than three hundred dollars nor more than five hundred dollars and shall be imprisoned not less than one year nor more than two years and shall be disfranchised. Any person who votes or attempts to vote at any election, primary, referendum or town meeting by assuming the name of another legally qualified person shall be guilty of a class D felony and shall be disfranchised.

      (1949 Rev., S. 1122, 1125; 1953, S. 837d; P.A. 82-176, S. 1, 3; P.A. 05-235, S. 9.)

      History: P.A. 82-176 amended section to add prohibition against fraudulent voting in primaries, against voting in primaries by assuming the name of another and against voting more than once at a town meeting or primary; P.A. 05-235 added references to "referendum", made a technical change and substituted "legally qualified person shall be guilty of a class D felony" for "who is registered or enrolled, as the case may be, shall be fined five hundred dollars and be imprisoned one year", effective July 1, 2005.

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      Sec. 9-361. Primary or enrollment violations. The following persons shall be guilty of primary or enrollment violations: (1) Any person unlawfully voting or participating or attempting to vote or participate in any primary in which he is not eligible to vote or participate; (2) in towns divided into voting districts, any elector who registers or votes at any primary in a voting district other than the district in which such elector is legally entitled to vote at the time of such primary; (3) any elector who signs the name of another to a written application to register, without the knowledge and consent of the person whose name is signed thereto, or who falsely represents the contents of any written or printed form of application for enrollment with intent to secure the application of an elector for enrollment upon a list other than that of his true political preference; (4) any registrar or deputy registrar of voters who fails to hold sessions as provided in sections 9-51 and 9-53 or who fails to register an elector upon the oral or written application for enrollment of such elector, except as provided by law, or who fails to erase an elector's name as provided in section 9-59 or who registers any elector upon an enrollment list other than that declared by such elector in his application as his political preference, or who removes or erases the name of any elector from any enrollment list except as provided by law; (5) any person who fails to properly serve any notice or citation required by sections 9-60 and 9-61 when directed so to do by any registrar or deputy registrar, or who makes any false return as to any such notice or citation; and (6) any moderator of a primary of the enrolled electors of a specified party, such primary being legally called for the nomination of candidates for any public elective office, who fails to comply with the requirements of chapter 153. The penalty for any such violation shall be a fine of not more than one hundred dollars or imprisonment of not more than sixty days, or both, except that any person found to have violated subdivision (1) or (2) of this section shall be guilty of a class D felony and shall be disfranchised.

      (1949 Rev., S. 1186; 1953, June, 1955, S. 838d; November, 1955, S. N114; P.A. 87-509, S. 12, 24; P.A. 03-241, S. 16; P.A. 05-235, S. 10.)

      History: P.A. 87-509, in Subdiv. (1), substituted "in which he is not eligible to vote or participate" for "of a political party other than that of the political party with which he has been enrolled"; P.A. 03-241 eliminated provision applying Subdiv. (6) to primary called for election of delegates to any political convention and made a technical change, effective January 1, 2004, and applicable to primaries and elections held on or after that date; P.A. 05-235 added ", except that any person found to have violated subdivision (1) or (2) of this section shall be guilty of a class D felony and shall be disfranchised", effective July 1, 2005.

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