Anderson 

Chapter 4.08

Election Violations

Sections:

            4.08.010          Violations

            4.08.020          Interfering with Secrecy of Ballot

            4.08.030          Tampering with Ballots

            4.08.040          Mutilation of Election Papers

            4.08.050          Penalties

4.08.010   Violations.  No election officer shall do any electioneering on Election Day.  No person shall do any electioneering on Election Day in any polling place or any building in which an election is being held, or within fifty feet thereof, or obstruct the entrance thereto, or prevent free ingress or egress to or from such building.  No person shall remove any ballot from the polling place before the closing of the polls.  No elector shall receive any ballot from any other person than an election judge, nor shall any person other than an election judges deliver a ballot to an elector. No elector shall place any mark upon his ballot by which it may afterwards be identified as the one voted by him.  Any elector who does not vote any ballot delivered to him by the judges shall before leaving the polling place return the ballot to the judges. Whoever violates any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished as provided in Section 4.08.050.  

4.08.020  Interfering with Secrecy of Ballot.  Any officer upon whom a duty is imposed by this chapter who discloses to any person the name of any candidate for whom any elector has voted, or gives any information by which it can be ascertained for whom any elector has voted, or any judge or other officer about the polls who does any electioneering on election day within any polling place before the closing of the polls, or any person who shall vote or attempt to vote more than once at the same election, or any person not qualified as an elector who votes or attempts to vote at any election held under the provisions of this chapter, knowing himself to be disqualified as an elector, or any person who shows his ballot after it is marked to any person in such a way as to reveal the contents thereof, or the name of the candidate or candidates for whom he has marked his ballot, or any person (except the election judges) who shall receive from any voter the ballot prepared for voting, or any person who shall, contrary to the provisions of this chapter, ask another at a polling place for whom he intends to vote, or solicit the voter to show the same, or any person who prints or circulates or knowingly has in his possession any imitation of the official ballot, or any person other than an election judges who delivers any ballot to the election judges to be voted except the one he received from one of the election judges, or anyone who, contrary to the provisions of this chapter, places any mark upon or does anything to his or any official ballot by which it may afterwards be identified as the one voted by any particular individual shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 4.08.050.

4.08.030  Tampering with Ballots.  Any election judges or any official upon whom a duty is imposed by this chapter who willfully disregards any of the provisions of this chapter, or who negligently fails to enforce any of the provisions of this chapter, or who in the counting of the ballots or the returns thereof, willfully disregards any of the directions or requirements of this chapter, or any person who willfully or fraudulently alters or destroys any official ballots cast at any election or any of the returns of any fraudulent ballot, or any person who steals any of the ballots or returns, or willfully or fraudulently hinders or delays the delivery of any of the election returns to the city clerk, or willfully breaks open any of such sealed returns of any election shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 4.08.050. 

4.08.040   Mutilation of Election Papers.  Any person who prior to or during any election willfully defaces, tears down, removes or destroys any list of candidates or other notices posted in accordance with the provisions of this chapter, or who, during an election, willfully defaces, tears down, removes or destroys any card of instructions posted for the instruction of voters, or who defaces, tears down, removes, alters or destroys any certificate of the result of the election, or who during an election, willfully removes or destroys any of the ballots, supplies or conveniences furnished to enable the voters to prepare their ballots, or who willfully breaks the seals or opens any of the sealed packages containing any of the supplies for the election, contrary to the provisions of this chapter, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 4.08.050. 

4.08.050  Penalties.  Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars nor more than one hundred dollars, and upon conviction of a second or subsequent offense shall be fined not less than one thousand dollars not more than two thousand dollars or imprisoned in jail for not more than ten days or both such fine and imprisonment at the discretion of the magistrate and shall pay the costs of prosecution.

(Ord. 03-01, June 5, 2003.)