PENALTIES.

SEC. 148. Any person who is found guilty of a misdemeanor under this act shall be subject to a fine of not less than two hundred dollars nor more than five hundred dollars, or to hard labor on the public roads of the county in which the offense was committed for any period of time not less than sixty days nor more than one year, or to both such penalties. SEC. 149. Any person who at a general, special or primary election willfully votes or attempts to vote in any other name than his own, or who votes or attempts to vote more than once is guilty of a misdemeanor. SEC. 150. Any person who fraudulently or willfully does anything in violation of this act to affect the result of any primary, special or general election is guilty of a misdemeanor unless some other penalty for such act is specially provided for.

SEC. 151. Any person who being an officer, clerk or employe of the county collector of taxes, precinct judge or clerk of election who knowingly puts in the certified list of qualified voters of a precinct any other number than that written when the poll tax receipt or certificate of exemption was issued; or who knowingly delivers to or receives from any voter any poll tax receipt or certificate of exemption on which is placed any other name than that first written when it was issued, is guilty of a misdemeanor.

SEC. 152. Any collector of taxes, or any one in his employ, who willfully fails or refuses to transcribe correctly from the original poll tax receipt or certificate of exemption and insert in the duplicate retained in the collector's office the name and other description of the citizen required by law to be given by him, or who fails to transcribe correctly from the duplicate kept in the collector's office and insert in the list of qualified voters of a precinct the name and description of the citizen as contained in said duplicate, or who issues a poll tax receipt after the first day of February in any year, bearing a date prior to the first day of February, or who willfully fails to keep said original duplicate securely locked up when the same are not being used or permits them to be mutilated, defaced, lost or destroyed, or who conceals, alters or destroys them, is guilty of a misde

meanor.

SEC. 153. Any judge or clerk of an election, chairman or member of a party executive committee, or officer of a primary, special or general election, who willfully makes any false canvass of the votes cast at such election, or a false statement of the result of a canvass of the ballots cast, is guilty of a felony, and upon conviction shall be punished by confinement in the penitentiary not less than two years nor more than five years.

SEC. 154. Any judge, clerk, chairman or member of an executive committee, collector of taxes, county clerk, sheriff, county judge or judge of an election, president or member of a State convention, or Secretary of State who willfully fails or refuses to discharge any duty imposed on him by this law, is guilty of a misdemeanor unless the particular act under some other section of the law is made a felony.

SEC. 155. Any judge of an election or primary who willfully or knowingly permits a person to vote, whose name does not appear on the list of qualified voters of the precinct, and who fails to present his poll tax receipt or certificate of exemption, or makes affidavit of its loss or that it

was misplaced, or inadvertently left at home, except in cases where no certificate of exemption or tax receipt is required, is guilty of a misde

meanor.

SEC. 156. Any judge, clerk, supervisor or other person who may be in the room where an election, either primary, special or general, is being held, who there indicates by a word, writing, sign or token how he desires a citizen to vote or not to vote, shall be fined not less than two hundred nor more than five hundred dollars, and shall in addition be confined in jail or worked as a convict on the public road not less than ten nor more than thirty days.

SEC. 157. Any person who knowingly becomes agent to obtain a poll tax receipt or certificate of exemption, except as provided by this act, or any one who gives money to another to induce him to pay his poll tax is guilty of a misdemeanor.

SEC. 158. If any person intrusted with the transmission to the precinct election judge of official ballots, sample cards, instruction cards, dis tance markers or other election supplies or who, being entrusted with the same, willfully fails to deliver or return the same, or does any act to defeat the delivery or return of the same, or being a person to whom may be legally intrusted the ballots cast at an election, shall open and read a ballot, or permit it to be done, is guilty of a misdemeanor.

SEC. 159. Any person who shall do any electioneering or loitering within one hundred feet of the entrance of the place where the election is to be held or who shall hire any vehicle for the purpose of conveying voters to the polling place, or shall willfully remove any ballots from the polling place, except as permitted by law, except when in marking, or who being a voter shall show his ballot so as to reveal the vote cast by him or marks it otherwise than is required by law for identification, or who being a voter shall deliver to the precinct judge of election any other ballots than the one delivered to him by the judge at the polling place, is guilty of a misdemeanor.

SEC. 160. Any person who lends or contributes or offers or promises to lend or contribute or pay any money or other valuable thing to any voter, to influence the vote of any other person, whether under the guise of a wager or otherwise, or to induce any voter to vote or refrain from voting at an election for or against any person or persons, or for or against any particular proposition submitted at an election, or to induce such voter to go to the polls or to remain away from the polls at an election, or to induce such voter or other person to place or cause to be placed his name unlawfully on the certified list of qualified voters that is required to be furnished by the county tax collector, is guilty of a felony, and on conviction shall be punished by confinement in the penitentiary bot less than one year nor more than five years, and in addition shall forfeit any office to which he may have been elected at the election with reference to which such offense may have been committed, and is rendered incapable of holding any office under the State of Texas.

SEC. 161. Any person who gives or offers to give any office, employment or thing of value, or promises to secure any office, thing of value or employment to or for any voter or to or for any other person to vote or refrain from voting at an election for or against any person, or for or

against any proposition submitted at an election, or to obtain his certificate of exemption, is guilty of a felony and upon conviction shall be punished by confinement in the penitentiary not less than three nor more than five years, and in addition shall forfeit any office to which he may have been elected, and becomes ineligible to any office to which he may have been elected, and becomes ineligible to any other public office.

SEC. 162. The penalty prescribed in the last preceding section against those who violate any of its provisions shall be imposed on any one who receives or agrees to receive any money, gift, loan or other thing of value, for himself or any other person, for voting or agreeing to vote, for going or agreeing to go to the polls on election day, or for remaining away, or agreeing to remain away from the polls on election day, or for refraining or agreeing to refrain from obtaining his poll tax receipt or certificate of exemption, or for obtaining or agreeing to obtain the same, or for voting or agreeing to vote for or against any particular person or proposition submitted to a vote of the people.

SEC. 163. Any candidate for any public office who fails to file with the county judge of his county within ten days after the date of a primary or general election an itemized statement of all money or things of value paid or promised by him before or during his candidacy for such office, including his traveling expenses, hotel bills and money paid to newspapers, and make affidavit to the correctness of such account, showing to whom paid or promised, whether he was elected or not, is guilty of a misdemeanor, and on conviction shall be fined not less than two hundred nor more than five hundred dollars, may be sentenced to work on the county roads not less than thirty days nor more than twelve months.

SEC. 164. Any candidate for office or other person who pays or procures another to pay the poll tax of a citizen, except as is permitted by law, is guilty of a felony, and shall be punished by confinement in the penitentiary not less than two nor more than five years.

SEC. 165. When two persons are parties to the same act in violating any provisions of the election laws of this State, either party may be required to testify regarding the same, but the one testifying shall not thereafter be prosecuted for such illegal act.

SEC. 166. The offenses and penalties described in this act shall be given specially in charge by district judges to grand juries, and whenever this duty is neglected by a district judge it shall be the duty of the next grand jury to make a formal report of such neglected duty to the court. District judges shall in every charge to a grand jury emphasize the importance of pure elections as necessary to preserve free government and direct them to search diligently and to present all infractions of the election laws of this State.

SEC. 167. Anything published in a newspaper, pamphlet or printed journal in favor of or in opposition to any candidate for any public office or in favor of or in opposition to the success or defeat of any political party, or any proposition submitted to a vote of the people, when the same is published in consideration of the receipt or promise of money or thing of value, shall be known as political advertising; and any editor, publisher, manager or agent of any newspaper, pamphlet or printed journal who shall publish political advertising other than as advertising mat

ter, which shall be labeled at the beginning or end thereof with the word "advertisement," or who shall knowingly and willfully demand or receive for the publication of such political advertising money or other thing of value in excess of the sum or sums due for such service at the regular advertising rates of such newspaper, pamphlet or printed journal, or any person who shall pay or offer to pay the editor, publisher, manager or agent of any newspaper, pamphlet or printed journal for such service any money or other thing of value in excess of the sum or sums due at regular advertising rates, or any person who shall pay or offer to pay any editor, publisher, manager or agent of a newspaper, pamphlet or printed journal any money or thing of value for the publication of political advertising, except as advertising matter, shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars, and sentenced to imprisonment in the county jail or to work on the county road not less than ten nor more than thirty days; provided, however, that nothing herein contained shall be construed as applying to announcements of candidates for office.

SEC. 168. If any editor or manager of a newspaper or printed journal, or if any person or persons having control thereof, shall demand or receive any money, thing of value, reward or promise of future benefit for publishing anything as editorial matter in advocacy of or opposition to any candidate, or for or against any proposition submitted to a vote of the people, he or they, and also the individual or parties offering such reward shall be punished as in the last preceding section, and if the offense be committed by the president of any corporation, or by any officer thereof with the knowledge or consent of its president, in addition to punishment of the individual its charter shall be forfeited. Either party to a violation of this and the preceding section may be compelled to testify regarding thereto, but shall not be punished for any act regarding which he may have been required to testify.

SEC. 169. Any tax collector who shall deliver a tax receipt or certificate of exemption to anyone except the one entitled thereto and at the time when the tax is paid or the certificate of exemption is applied for, except as specially permitted by this act, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, and shall be removed from office.

SEC. 170. Any person who loans or advances money to another knowingly to be used for paying the poll tax of such other person, is guilty of a misdemeanor.

SEC. 171. Any person who votes or offers to vote at a primary election or convention of a political party, having voted at a primary election or convention of any other party on the same day, is guilty of a misdemeanor.

SEC. 172. Any judge of election who willfully permits the removal of ballots before the closing of the polls, or refuses to receive a ballot after a citizen has legally folded and returned same, or refuses to deliver to a citizen entitled to vote under the law an official ballot, or willfully fails to keep order within the polling place, or permits any person except the clerks and judges of election or those who enter for the purpose of voting, to come within the guard rail, or knowingly permits anyone to remove,

alter or deface a stamp number or signature legally placed on a ballot for future identification, is guilty of a misdemeanor.

SEC. 173. Any chairman of a county executive or district or State executive committee who is charged with the duty of certifying the names of the candidates selected by a primary convention or primary election or elections, who willfully omits to certify the name of any candidate legally chosen, or who certifies falsely regarding anyone chosen or defeated, is guilty of a misdemeanor.

SEC. 174. Any person who, during an election, willfully defaces or injures an election booth or compartment, or willfully removes any of the supplies provided for elections, or before the closing of the polls willfully defaces or destroys any list of candidates to be voted for at an election which has been posted in accordance with law, is guilty of a misdemeanor. SEC. 175. Any person or corporation who refuses to an employe entitled to vote the privilege of attending the polls, or subjects such employe to a penalty or deduction of wages because of the exercise of such privilege is guilty of a misdemeanor.

SEC. 176. If any person shall open or keep open any barroom, saloon or wholesale liquor house, where vinous, malt, spiritous or intoxicating liquors are sold, during any portion of the day on which an election is held for any purpose or office in the voting precinct, town or city where such election is held, or shall in such voting precinct, village, town or city, sell barter or give away any vinous, malt, spirituous or intoxicating liquor during the day of such election, or if any person shall carry or cause to be carried to the polling place on the day of election any such liquor for the purpose of sale, gift or drinking the same, or if any person shall find and take possession of any liquor at or near the polling place, or inform another of its whereabouts, he shall be deemed guilty of a misdemeanor; provided, that such liquors may be sold on election day by a drug store to fill a prescription of a physician, who shall at the time. certify in writing on honor that it is needed by his sick patient, leaving such certificate with the druggist.

SEC. 177. Any person who attempts to falsely personate at an election another person, and vote or attempt to vote on the authority of a poll tax receipt or certificate of exemption not issued to him by the county tax collector, is guilty of a felony, and shall be punished by hard labor within the walls of a penitentiary not less than three nor more than five years.

SEC. 178. If any person shall make a false affidavit that his poll tax receipt or certificate of exemption has been lost or mislaid, or willfully and corruptly induce another to make such affidavit, he shall be punished by imprisonment in the penitentiary not less than three nor more than five years.

SEC. 179. If any person shall willfully alter or obliterate, suppress or destroy any ballots, election returns or certificates of election, he shall be deemed guilty of a felony and shall be punished by imprisonment in the State penitentiary not less than three nor more than five years.

SEC. 180. Any collector of taxes who shall knowingly or willfully issue and deliver a poll tax receipt or certificate of exemption to a fictitious person shall be punished by confinement in the State penitentiary not less than three nor more than five years.